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20150415 SM2l915,2OI5 MIAMIBEACH City Commission Meeting SUPPLEMENTAL MATERIAL 2 City Hall, Commission Chambers, 3rd Floor, 1700 Convention Genter Drive April15,2015 Mayor Philip Levine Vice-Mayor Jonah Wolfson Commissioner Michael Grieco Commissioner Joy Malakoff Com m issioner Micky Steinberg Commissioner Edward L. Tobin Commissioner Deede Weithorn City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Vrsff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings. ATTENTION ALL LOBBYISTS Ghapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Glerk's office. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. SUPPLEMENTAL AGENDA c7K G7 - Resolution A Resolution Accepting The Recommendation Of The City Manager To Amend The Contract With SuperiorWaterway, lnc., Awarded Pursuant To lnvitation To Bid (lTB) No. 268-2013-TC, To lncrease The Project Purchase OrderAmount By $25,419.10 To Allow ForAdditional Scope Of Work For The Middle And North Beach Dune Restoration Project. (ProcuremenVEnvironment & Sustainability) (Memorandum) 1 Supplemental Agenda, April 1 5, 2015 R7 - Resolutions R7H A Resolution Approving And Authorizing The MayorAnd City Clerk To Execute Amendment No. 5, To The Existing Professional Services Agreement Between The City Of Miami Beach And Schwebke-Shiskin & Associates, lnc. For Additional Pump Station Design Modifications Plus Extended Resident Project Representative And Construction Administration Services For Twenty Additional Months, For The Venetian lslands Bid Package 13C Right-Of-Way Neighborhood lmprovement Project; ln The Negotiated Not-To-Exceed Amount Of $665,962 Plus An Amount Of $500 For Reimbursables; ForA Total Amount Of $666,462; With PreviouslyAppropriated Funding ln The Capital Budget From Fund 304 - Capital Reserve. (Capital lmprovement Projects) (Memorandum) 2 Condensed Title: A RESOLUTTON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AMEND THE CONTRACT WITH SUPERIOR WATERWAY, INC., AWARDED PURSUANT TO INVITATION TO BID (lTB) NO. 268-2013-TC, TO INCREASE THE PROJECT PURCHASE ORDER AMOUNT By $25,419.10 TO ALLOW FOR ADDITIONAL SCOPE OF WORK FOR THE MIDDLE AND NORTH BEAGH DUNE RESTORATION PROJECT. COMMISSION ITEM SUMMARY Item Summ On July 17, 2013, pursuant to ITB 268-2013-TC, the City Commission approved the award of a contract to Superior Watenrvay, lnc., for the restoration of dunes in the following areas: o Middle Beach (between 23'd Street to 47th Street); ando North Beach (between 64th Street to 79th Street). The purpose of the contract was to remove non-native vegetation and replace it with native vegetation. The other areas of the project, in South Beach between Government Cut to 3'd Street and 14th Street lo 23'd Street, were awarded to Superior Lawn and Landscaping. As part of this project, the City also selectively pruned native vegetation throughout the City, including in North Shore Open Space Park, at Ocean Terrace, and in Marjorie Stoneman Douglas Park. The vegetation in these areas was trimmed between 24 and 36 inches in height to provide greater vegetation stability and reduce security concerns from continued homeless and illicit activities. The original phase of the project has been completed. However, due to recurring security concerns, the Police Department has recommended additional trimming be prioritized in the Middle Beach and North Beach project areas. For the additional work, Superior Watenvay has quoted a project cost of $47,000.00. The project Purchase Order (PO) currently has a balance of $21,580.90; therefore, to accomplish the additional work, the PO would need to be increased by $25,419.10 in order to allowfor the additional work totaling $47,000.00 to be completed. The City Manager, after reviewing staff's recommendation to authorize Superior Wateruruay to complete the additional scope of work relating to the dune restoration project, recommends that the Mayor and City Commission approve the additional scope of work relating to the dune restoration project in the Middle and North Beach areas to be performed by Superior Waterway in an amount not to exceed $47,000.00. RECOMMENDAT!ON Approve the Resolution. Financial lnformation : Source of Funds: Amount Account 1 $14.425.10 307-6999-000676 North Beach Qualitv of Life 1% 2 $10,994.00 306-6999-000676 Middle Beach Qualitv of Life 1o/o OBPI Total $2s.419.10 Ensure reliable stormwater management and resiliency against flooding by implementing select short and lono-term solutions includino addressino sea level rise. Supporting Data (Surveys, Environmental Scan, etc.): N/A AGENDA 'TEM C7 K DATE 4'lS-TSE MIAMIBEACH 3 g MIAMIBEACH City of Miomi Beqch, I700 Convention Center Drive, Miomi Beoch, Florido 33,I39, www.miomibeochfl.gov COMMI N MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: April 15,2015 the City SUBJECT: A RESOLUTION OF THE MAYffi. AND CIry COMMISSION OF THE CITY OF MIAMI BEACH,'FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AMEND THE CONTRAGT WITH SUPERIOR WATERWAY, INC., AWARDED PURSUANT TO INVTTATTON TO BrD (tTB) NO. 268- 2013.TC, TO INCREASE THE PROJECT PURCHASE ORDER AMOUNT BY $25,419.10 TO ALLOW FOR ADDITIONAL SCOPE OF WORK FOR THE MIDDLE AND NORTH BEACH DUNE RESTORATION PROJECT. FUNDING $14,425.10 307-6999-000676 North Beach Quality of Life 1o/o $10,994.00 306-6999-000676 Middle Beach Quality of Life 1% $25,419.10 Total BACKGROUND On July 17, 2013, pursuant to ITB 268-2013-TC, the City Commission approved the award of a contract to Superior Watenruay, lnc., for the restoration of dunes in the following areas:. Middle Beach (between 23'd Street to 47th Street); ando North Beach (between 64th Street to 79th Street). The purpose of the contract was to remove non-native vegetation and replace it with native vegetation. The other areas of the project, in South Beach between Government Cut to 3'd Street and 14th Street to 23'd Street, were awarded to Superior Lawn and Landscaping. As part of this project, the City also selectively pruned native vegetation throughout the City, including in North Shore Open Space Park, at Ocean Terrace, and in Marjorie Stoneman Douglas Park. The vegetation in these areas was trimmed between 24 and 36 inches in height to provide greater vegetation stability and reduce security concerns from continued homeless and illicit activities. The original phase of the project has been completed. 4 Dune Restoration Services Memo April 15, 2015 Page 2 of 2 However, due to recurring security concerns, the Police Department has recommended additional trimming be prioritized in the Middle Beach and North Beach project areas. For the additional work, Superior Watenruay has quoted a project cost of $47,000.00. The project Purchase Order (PO) currently has a balance of $21,580.90; therefore, to accomplish the additional work, the PO would need to be increased by $25,419.10 in order to allow for the additional work totaling $47,000.00 to be completed. CITY MANAGER'S RECOMMENDATION The City Manager, after reviewing staff's recommendation to authorize Superior Watenruay to complete the additional scope of work relating to the dune restoration project, recommends that the Mayor and City Commission approve the additional scope of work relating to the dune restoration project in the Middle and North Beach areas to be performed by Superior Watenruay in an amount not to exceed $47,000.00. CONCLUSION The Administration recommends that the Mayor and City Commission approve the Resolution accepting the City Manager's recommendation pertaining to the additional scope of work for the Middle and North Beach dune restoration project. Attachments: 1 - Citywide Dune Restoration Map MT/JJ/AD/ESWMKW T:\AGE N DA\20 1 S\April\Dune Restoration Service - Memo.docx 5 Attachment 1 City of Miami Beach: Cltywide Dune Restoration Services Project 6 RESOLUTION TO BE SUBMITTED 7 THIS PAGE INTENTIONALLY LEFT BLANK 8 COMMISSION ITEM SUMMARY Gondensed Title: 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. 5, To The Existing Professional Services Agreement Between The City Of Miami Beach And Schwebke-Shiskin & Associates, lnc. For Additional Pump Station Design Modifications Plus Extended Resident Project Representative And Construction Administration Services For Twenty Additional Months, For The Venetian lslands Bid Package 13c Right-Of-Way Neighborhood lmprovement Project; ln The Negotiated Not-To-Exceed Amount Of $665,962 Plus An Amount Of $500 For Reimbursables; For A Total Amount Of $666,462; With Previously Appropriated Funding ln The Capital Budget From Fund 304 - Capital Reserve Supporting Data (Surveys, Environmental Scan, etc.): The 20'14 Customer Satisfaction Survey indicated that over 77o/o of residents rated recentlv comoleted caoital imorovement oroiects as "excellent" or "oood". Item Summary/Recommendation: T:rAGlNDA\201 5.Ap;-il!.CIPrS A Arner:dment #5\V*netian lslands - SS atlr On September 9, 2009, the City Commission pursuant to Request for Qualifications (RFQ) No. 42-08/09, adopted Resolution No. 2009-27'1 61, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement (PSA) with Schwebke-Shiskin & Associates, lnc. (SS&A) to provide professional services for the design, bid, award and construction administration phases of the Venetian lslands Bid Package 13C, Right-Of-Way Neighborhood lmprovement Project (the Project) in the amount of $585,660. 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 lo approve Amendment No.2 for additional RPR services and Supplemental Construction Administration services in the amount of $349,957. On February 18,2015, SS&A responded to the additional comments issued by AECOM and finalized the enhanced stormwaterdrainage design modifications and on February 23,2015, submitted the 100% documentsto PWD for final review. Once the design was complete, the Capital lmprovement Projects Office (ClP) contacted the twelve (12) property owners that reside adjacent to the six (6) easements where the stormwater pump stations were proposed to be located. The purpose of the meeting was to discuss the stormwater pump station design and the process of constructing the improvements within the easement. The meeting with residents took place from February to March 2015. The residents expressed great concern on the visual impact of the proposed structures and equipment components adjacent to their properties. The Administration has determined that additional design services are required to minimize the impact of the proposed structures and components. SS&A provided a not-to-exceed fee for this service in the amount of $38,042, plus $500 for reimbursables. The design modifications will include conceptual design, meetings with City staff, electrical and structural revisions and permit submittals. See attached Amendment No. 5 for additional detail. As a result, on April 1, 2015, a meeting was held with concerned residents, their legal counsel, and staff from ClP, PWD, the City Attorney's Office and the City Manager's Office. lt was determined that the City would explore alternatives that could minimize the visual impact of the stormwater pump stations and related components Additional Construction Administration and RPR services are necessary due to the increased construction schedule duration of twenty months to incorporate the new stormwater pump stations. The negotiated fee is in the not-to- exceed amount of $627,920. See attached Amendment No. 5 for additional detail. Pursuant to RFQ No. 42-08/09, any additional services required during the performance of the work would be requested by the City and negotiated in accordance with the Agreement. To that extent, the additional services will be added to the Professional Services Agreement as Amendment No. 5 in the amount of $666,462. Amendment No. 5 will revise the total contract sum to a not-to-exceed total of $1 ,890,293. The Administration recommends of the resolution. Fund 304 -2127-061357 Capital Reserve Financial lmpact Summary: David Martinez, Ext. 6972 MIAMIBEACH Amendr:'renl 5 AGENDA \-h R7 H oere {-lf-l(9 City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov COMMISSI MEMORANDUM TO: Mayor Phillip Levine and Members FROM: Jimmy L. Morales, City Manager the City ission DATE: SUBJECT: April 15,2015 A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 5, TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SCHWEBKE.SHISKIN & ASSOGIATES, INC. FOR ADDITIONAL PUMP STATION DESIGN MODIFICATIONS PLUS EXTENDED RESIDENT PROJECT REPRESENTATIVE AND CONSTRUCTION ADMINISTRATION SERVICES FOR TWENTY ADDITIONAL MONTHS, FOR THE VENETIAN ISLANDS BID PACKAGE 13C RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJEGT; lN THE NEGOTIATED NOT.TO.EXCEED AMOUNT OF $665,962 PLUS AN AMOUNT OF $500 FOR REIMBURSABLES; FOR A TOTAL AMOUNT OF $666,462; WITH PREVIOUSLY APPROPRIATED FUNDING lN THE CAPITAL BUDGET FROM FUND 304 - CAPITAL RESERVE ADMI NISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Build and maintain priority infrastructure with full accountability. FUNDING $666,462 304-2127-061357 Capital Reserve $666,462 Total BACKGROUND On September 9, 2009, the City Commission pursuant to Request for Qualifications (RFQ) No. 42-08109, adopted Resolution No. 2009-27161, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement (PSA) with Schwebke-Shiskin & Associates, lnc. (SS&A) to provide professional services for the design, bid, award and construction administration phases of the Venetian lslands Bid Package 13C, Right-Of-Way Neighborhood lmprovement Project (the Project) in the amount of $585,660. The original contract provided limited Construction Administration services and reduced Resident Project Representative ( RPR) services. 10 Commi ssion Me mora nd u m - Schwe bke -Shiskrn Amendment 5 for Venetian lslands Bid Package 13C Project April 15, 2015 Page 2 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.S-inch, S-day, 24-hour rain event. The new criteria required SS&A to revise the design included in the contract documents for this project. 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 Augusl 5, 2014, the revised design was submitted to PWD and concurrently, change order negotiations were taking place with Lanzo Construction. ln November 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. On February 18, 2015, SS&A responded to the additional comments issued byAECOM and finalized the enhanced stormwater drainage design modifications and on February 23, 2015, submitted the 100% documents to PWD for final review. Once the design was complete, the Capital lmprovement Projects Office (ClP) contacted the twelve (12) property owners that reside adjacent to the six (6) easements where the stormwater pump stations were proposed to be located. The purpose of the meeting was to discuss the stormwater pump station design and the process of constructing the improvements within the easement. The meeting with residents took place from February to March 2015. The residents expressed great concern on the visual impact of the proposed structures and equipment components adjacent to their properties. As a result, on April 1, 2015, a meeting was held with concerned residents, their legal counsel, and staff from ClP, PWD, the City Attorney's Office and the City Manager's Office. lt was determined that the City would explore alternatives that could minimize the visual impact of the stormwater pump stations and related components. The construction project began in November 2013. SS&A's contract included 15 months of RPR and construction administration services. This would take them through the end of the original project, approximately Februa ry 201 5. The decision to amend the City's Stormwater Management Master Plan in February of 2Q14 caused the stormwater component of the scope of work to be placed on hold until new design implementation would take place. However, the balance of the project continued with installation of water mains, sewer lining and above ground streetlights improvements. Currently, the proposed new stormwater improvements will require the project schedule to be increased by twenty months. The new scope will include six (6) new pump stations with associated 11 Commission Memorandum - Schwebke-Shiskln Amendment 5 for Venetian /s/ands Bid Package 13C Project April 15, 2015 Page 3 stormwater conveyance system and electrical components. Also the recently imposed Venetian Causeway bridge load restrictions have impacted the construction schedule duration. ANALYSIS The Administration has determined that additional design services are required to minimize the impact of the proposed structures and components. SS&A provided a not-to-exceed fee for this service in the amount of $38,042, plus $500 for reimbursables. The design modifications will include conceptual design, meetings with City staff, electrical and structural revisions and permit submittals. See attached Amendment No. 5 for additional detail. Additional Construction Administration and RPR services are necessary due to the increased construction schedule duration of twenty months to incorporate the new stormwater pump stations. The negotiated fee is in the not-to-exceed amount of $627,920. See attached Amendment No. 5 for additional detail. Pursuant to RFQ No. 42-08/09, any additional services required during the performance of the work would be requested by the City and negotiated in accordance with the Agreement. To that extent, the additional services will be added to the Professional Services Agreement as Amendment No. 5 in the amount of $666,462. Amendment No. 5 will revise the total contract sum to a notto-exceed total of $1,890,293. The negotiated price submitted by Schwebke-Shiskin & Associates, lnc. for the above services has been reviewed by City staff and found to be fair and reasonable. CONCLUSION: The Administration recommends approval of a Resolution. ATTACHMENTS: Schwebke-Shiskin Amendment No. 5 JLM\MNDM T:iAGEl'134201S\April\Cl?iSS&A Amendment #5':Venelian lsiands - SS & A A,merdment 5 - ltlEl..lO.Cocx 12 AMENDMENT NO. 5 TO THE PROFESSIONAL ARCHITECTURE AND ENGINEERING (A/E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SCHWEBKE.SHISKIN & ASSOCIATES, DATED DECEMBER 18,2009 IN AN AMOUNT NOT.TO.EXCEED $666,462 TO PROVIDE ADDITIONAL PUMP STATION DESIGN MODIFICATIONS PLUS EXTENDED RESIDENT PROJECT REPRESENTATIVE AND CONSTRUCTION ADMINISTRATION SERVICES FOR TWENTY ADDITIONAL MONTHS FOR THE VENETIAN ISLANDS BID PACKAGE 1 3C RIGHT.OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT ThisAmendmentNo.5totheAgreementmadeandenteredthisdayof- 2015, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 (hereinafter referred to as CITY), and Schwebke-Shiskin & Associates, lnc., having its offices at 3240 Corporate Way, Miramar, Florida 33025 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, on September 9, 2009, the City Commission pursuant to Request for Qualifications (RFQ) No. 42-08/09, adopted Resolution No. 2009-27161, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement (PSA) with Schwebke-Shiskin & Associates, lnc. (SS&A) to provide professional services for the design, bid, award and construction administration phases of the Venetian lslands Bid Package 13C, Right-Of-Way Neighborhood lmprovement Project (the Project) in the amount of $585,660.; and WHEREAS, on June 2010, 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 to approve Amendment No. 2 for additional RPR services and Supplemental Construction Administration services in the amount of $349,957; and WHEREAS, 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; and WHEREAS, the City's Public Works Department (PWD) requested that staff implement the enhanced stormwater system criteria including increasing from 6-inch to 7.S-inch, S-day, Z4-hour rain event; 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; and 13 WHEREAS, on November 2014, the City Commission adopted Resolutlon 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; and WHEREAS, on February 18, 2015, SS&A responded to the additional comments issued by AECOM and finalized the enhanced stormwater drainage design modifications and on February 23,2015, submitted the 100% documents to PWD for final review; and WHEREAS, once the design was complete, the Capital lmprovement Projects Office (ClP) contacted the twelve (12) property owners that reside adjacent to the six (6) easements where the stormwater pump stations were proposed to be located, the purpose of the meeting was to discuss the stormwater pump station design and the process of constructing the improvements within the easement, the meeting with residents took place from February to March 2015. The residents expressed great concern on the visual impact of the proposed structures and equipment components adjacent to their properties; and WHEREAS, on April 1, 2015, a meeting was held with concerned residents, their legal counsel, and staff from ClP, PWD, the City Attorney's Oflice and the City Manager's Office, it was determined that the City would explore alternatives that could minimize the visual impact of the stormwater pump stations and related components; and WHEREAS, the Administration has determined that additional design services are required to minimize the impact of the proposed structures and components; and WHEREAS, SS&A provided a not-to-exceed fee for this service in the amount of $38,042, plus $500 for reimbursables, the design modifications will include conceptual design, meetings with City staff, electrical and structural revisions and permit submittals; and WHEREAS, additional Construction Administration and RPR services are necessary due to the increased construction schedule duration of twenty months to incorporate the new stormwater pump stations. The negotiated fee is in the not-to-exceed amount of $627,920; and WHEREAS, this Amendment No. 5, in the negotiated not-to-exceed amount of $665,962 plus an amount of $500 for reimbursable; for a total amount of $666,462 to provide pump station design revisions plus extended resident project representative and construction administration services for and additional twenty months; and WHEREAS, the additional services will be added to the Professional Services Agreement as Amendment No. 5 in the amount of $666,462; and WHEREAS, this Amendment No. 5 will revise the total contract sum to a not-to- exceed total of $1,890,293. 14 NOW. THEREFORE. the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1, ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 5. 2. MODIFICATIONS The Agreement is amended to incorporate Schedule "A -5 and B-5", attached hereto. 3. OTHER PROVISIONS All other provisions of the Agreement, as amended, are unchanged. 4, RATIFICATION The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 5. !N WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MtAMt BEACH, FLORTDA Rafael E. Granado, City Clerk ATTEST: Philip Levine Mayor CONSULTANT: SCHWEBKE.SHISKIN & ASSOCIATES, tNc. President Print Name Secretary Print Name Attachment: Schedule A-5 Schedule B-5 15 Schedule "A-5" (attached) 16 SCHEDULE A.5 SCOPE OF SERVICES Task 12 Supplemental Resident Project Representative (RPR) and Gonstruction Administration (CA) Services for the Venetian lslands Bid Package 13C Right of Way lmprovement Project: TASK 12 - CONSTRUCTION ADMINISTRATION SERVICES will be amended to provide supplemental CA services which will include bi-weekly progress meeting for a total of 44 meetings. The amended RPR services will include supplemental hours for the full time Senior Construction lnspector for a total of forty (40) hours per week and supplemental hours for a Construction lnspector for a total of twenty (20) hours per week with responsibilities as outlined herein: 12.2 Bi-Weekly Construction Progress Meetings: The Consultant shall attend, participate and take a lead role in bi-weekly construction project meetings with the City and the Contractor of the Project. These meetings will serve as forums to review the status of construction progress, discuss construction issues, discuss schedule and/or cost concerns, discuss potential changes or conflicts, review the status of shop drawing submittals and Construction Document clarifications and interpretations, and to resolve problems before they become critical. Consultant shall prepare weekly meeting minutes and distribute to all meeting attendees, review the two week look ahead provided by the Contractor and provide comments or objections to written statements within the specified timeframe. The Consultant will prepare detailed weekly reports that describe the construction activities, progress, incidents and issues that have occurred on the construction site and distribute to the attendees in advance of the bi-weekly construction progress meetings. The services amended herein will supplement the meetings included in the agreement approved by Resolution No. 2009-27161 and No. 201 4-28821 to provide services for a total of twenty-eight (44) progress meetings. 12.3 Requests for lnformation/Construction Document Clarification (RFls/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 RFls and CDCs in a timely manner for processing, logging and distributing all RFls/CDCs. Consultant will upload all RFI and CDC responses to the City's E-BuilderrM document management system. 12.4 Change Orders: Consultant shall perform an independent review of any Change Orders submitted by the Contractor and provide a written statement noting recommendation for approval or denial of the Change Order to the City. lf 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-BuilderrM 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 1of 5 04/LslzOLs 17 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-BuilderrM document management system. 12.6 Resident Project Representative: The Consultant will communicate daily or periodically with the City and Contractor, as needed. They will report on concerns as it relates to the construction effort and activities. ln addition, the Consultant shall also coordinate with the Contractor's Public lnformation 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 lnspections: The Consultant shall conduct field inspections on a daily basis throughout the duration of construction. ln accordance to the agreement approved by Resolution No.2009-27161 and No.2014-28821, Consultant shall provide a supplemental hours for the full time Senior Construction lnspector for a total of forty (40) hours per week and a supplemental inspector for a total twenty hours (20) hours per week for a project duration of twenty (20) months. These Consultant services are limited to not more than thirteen (20) months (608 calendar days) in duration. The Consultant shall be present at the construction site daily during the construction phase of the project and will be expected to be available as needed, throughout the Contractor's 8-hour work day, 40-hour work week, excluding weekends and City holidays. Any work outside the specified work period will be invoiced to the City on a time and materials basis per the rates in Schedule B-5. The Consultant's on-site typical workday shall begin at or about 8:00 AM and end at or about 5:00 PM for a total of 8 hours per day or 40 hours per week. Scope does not account for working on City holidays, weekends, nor more than 40-hours per week. Field inspections shall be provided jointly by the City and the Consultant. To supplement those services provided by the Consultant, the City will provide one (1) parttime 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 Gonstruction 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 forurard the original daily reports to the City for review. The Consultant will maintain and file paper copies of the daily reports onsite for reference. The daily reports shall include records of when the Contractor is on the job-site, detailed field observations that will provide unit quantities for materials installed and/or removed from site, weather conditions, change orders, changed conditions, list of job site visitors, daily drilling and testing activities, testing results, testing observations, and records of the outcome of tests and inspections. At a minimum the daily reports will contain the following information: 2of 6 04/Ls/20Ls 18 . 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-BuilderrM document management system, labeled by date, time and location. The Consultant will upload all photos to the E- BuilderrM 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. lf 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-BuilderrM document management system on a weekly basis. Consultant shall also review invoices submitted by the independent testing laboratories and confirm tasks and test reports and invoices prior to recommendation for payment by the City. 3of6 04/ts/20ts 19 (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 payrnent by the CITY. 0) 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 upto-date. The Consultant will notify the City if it considers the mark- up documents insuf[icient. The City will make final determination of payment withholding. (l) lssuance 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. lf 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. lf 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. lf 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 lnformation Meetings: The Consultant will be expected to attend, address residents' concerns, participate, produce meeting minutes, and take a lead role in Resident lnformation Meetings with the City for the Project. 4ot6 041ls/20Ls 20 (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). lnclude 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. ln addition, those safety obligations extend only to recognizable hazards that the Consultant may note while in the normal conduct of onsite business. lf a situation presents itself, the following procedures should be followed: ' lrnmediately 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,' lssue 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, ' lf 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. ' ln 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 foruuarded to the City. (r) Quality Control: The Consultant will review and monitor the Contractor's adherence to an acceptable quality control program submitted by the Contractor prior to the issuance of the second Notice-to-Proceed by the City. This program will describe the Contactor's quality control, organizational procedures, documentation controls and processes for each phase of the work. Quality control during construction will be the responsibility of the Contractor; however, oversight and ensuring the Contractor complies with applicable jurisdictional construction standards will be enforced on the City's behalf by the Consultant. (s) Proceeding with Disputed Work: ln the event that an agreement cannot be reached on a Change Order, the Contractor must carry on the work and adhere to the project schedule in accordance with the construction contract general conditions. The Consultant will log all forced work efforts related to disputed change order on a Forced Work Daily Log Reports which will be signed and dated by the Consultant and the Contractor's representative at the completion of each workday. The Consultant will fonrrrard 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. lt will be the Consultant's responsibility to verify compliance with the MOT in the field. 5of5 04l75l2!ts 21 (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 foruuarded 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. lt is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless memorialized in written document approval and executed with the same formality and of equal dignity herewith. Task 13 - Supptemental Design Services for the Pump Station Site Modifications of the Venetian lslands Bid Package 13C Right of Way lmprovement Project: TASK 13 - SUPPLEMENTAL DESIGN SERVICES will be amended to provide supplemental DESIGN services which will establish requirements for the preparation of contract documents for the Project. 13.1 Community Design Review Meetings: Requires that the CONSULTANT attend and participate in up to (6) Community Design Review Meeting (CDRM)to review the design progress and concept. The CITY will schedule, find location for, and notify residents of the meeting. CONSULTANT shall prepare for, attend and present its documents at the CDRM. The CDRM shall be scheduled at the 50% design completion stage. Presentation format shall consist of a brief Power Point presentation to review Project status, highlights, funding, schedules, plus review of full size plans for the Project. CONSULTANT shall prepare draft meeting minutes and fonarard them to the CITY, which shall review, provide comments and distribute, accordingly. CONSUL TANT shall provide sufficient staff at the meeting to address concerns by residents at multiple plan stations. lt is anticipated that CONSULTANT will attend Pre-CDRM meetings with CITY staff to review the proposed format of the presentation for the CDRM. 13.2 Conceptua! Designs: CONSULTANT shall prepare conceptual plans in compliance with DSM standards. 13.3 Electrical Design Services: CONSULTANT shall include an electrical engineer in all CDRM meetings to participate in up to (6) meetings. The electrical engineer will update the pump station electric control panel plans in compliance with DSM standards. 13.4 Structural Design Services: CONSULTANT shall update control panel foundation structural plans for (6) control panel relocations. Whether on grade or elevated is to be determined, but if lower than the flood elevation then design must incorporate the flood protection required by FEMA. The Structural System shall be conventionally reinforced concrete. CONSULTANT shall include a Structural Engineer to attend (1) Design Meeting. CONSULTANT shall respond to Building Dept. comments during permitting process, respond to Contractor RFI's and review shop drawings regarding the control panel foundations. 13.5 Document Revisions: Based upon the input provided by the residents at the CDRM, the CONSULTANT shall incorporate contract document revisions and prepare conceptual designs of the pump station site layouts, as necessary, to secure approval by the CITY. 13.6 Permitting Reviews: CONSULTANT shall prepare applications and such documents and design data as may be required to procure approvals from the ClTy. CONSULTANT shall respond to 5of6 04/Ls/20Ls 22 comments by such authorities within ten (10) working days of receipt of comments unless a different time is agreed to by CITY. Since the CITY is to track and monitor progress on the preparation and review of permits and subsequent requests for information, CONSULTANT shall also copy the CITY on all permit related correspondence. This includes CONSULTANT generated minutes from meetings held with related parties. 13.7 The CONSULTANT's QAJQC of Design Documents: CONSULTANT shall establish and maintain an in-house Quality Assurance / Quality Control (OA/OC) program designed to verify and ensure the quality, clarity, completeness, constructability and biddability of its contract documents. The CITY, at its discretion, may require that CONSULTANT attend public meetings or meetings with City Staff to review the status and present results of its QA/QC efforts. ltems to be addressed may include, but shall not be limited to, review of specifications by respective technical experts and a "Red i-check" type review of the documents to identify conflicts and inconsistencies between the various project disciplines. 7 ot6 04/Lsl2o7s 23 Schedule "B-5" (attached) 24 SCHEUDLE 8.5 CONSULTANT COMPENSATION Construction Admi nistration and Resident Project Representative Services* $027,920 Note*: The Construction Administration and Resident Project Representative Services shall be invoiced monthly indicating each Task and dividing by twenty months, when applicabte. All hours will need to be verified by City Representative. ln the event that Supplementat Construction Administration or Resident Project Representative Services are required to be extended additional fees will be negotiated prior to proceeding with additional services. Supplemental Desig n Services** Reimburasables: $38,042 $soo Note*: Conceptual designs included in these services are based on an estimated hourty cost and is a Not-To- Exceed amount. ln the event that Supplemental Conceptual Design Services are required to be extended, additional fees will be negotiated prior to proceeding with additional services. 25 Prrncrpals Hernando J. Nlavas, P.E. Ivlark S. Johnson, P.S.tul. Of Council Aifonso C Tello, P.E., P.S.tuI i ::-t: .-t-t: - \:r. t:.r 5,.- /, =4, s.tr!,,i;, 4,,^-=-1:.1.t'ai',i j ' .-)it-!-:;2-i-I *tr a: _, rjs _recrLJ g 1 Ci'r!l Engineers - Lan,J Plariners - Surveyois 3240 Ccr'porate tl/ay " lliramar, Floricla 33025 Pirone: (9r4) 435-7010 n Fa;<: (gg4i 439-3288 April 9,2015 Mr. David Martinez, P.E., Director Capital Improvement Projects Office City of Miami Beach 1701 Meridian Avenue, Suite 300 Miami Beach, Florida 33139 Re: Venetian Islancls Infrastructure Improyements Bid Package 13C - 2nd Pump Station Redesign Mr. Martinez: As requested by your office, attached please find our fee schedule to extend our Resident Project Representative Services and to revise the Venetian Islands Infrastructure Improvernent Plans as it is related to the pump station layouts. It is our understanding that pursuant to a recent meeting held between your office, the City Manager, the Public Works Department and several residents of the Venetian Islands it was determined that it would be in the best interest of the City and their residents to revise the aforementioned plans to attempt reducing the impact to the adjacent properties. It is our understanding that the Pump Station Electrical Control Panel sizes, heights and locations are what residents are concerned about. As such, the revisions being requested include the reduction and relocation of the control panels. It is our understanding that the revisions requested also include relocating the control panels further away from property lines to provide wider landscape buffers for future planting and landscaping to be designed by others. Please accept the following proposal to revise the pumps station site layouts and attend workshop meetings with the City of Miami Beach and residents to compromise on pump station layouts and other design parameters. SCOPE OF SERVICES: I) SttpplementalConstntctionAdministrationServices 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 the following proposal is provided to include at least one full time Senior Construction Inspector and a supplemental Construction lnspector for an additional4 hours per week for the duration of the project (20 months). Our scope will also include additional services required to 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 Luii F. Lecn, P.E. Albedo A tulora. P.E. John C. Tello. F.E. tulichael D. Gonzalez. P,E. Flonald A. Fritz P.S.M. Jose G. llernandez. P.S.lvl. tulichael J Alley, P.S.M. Emilio E, Llrrfrio. P.S.lV]. t:Vuis\proposals\david martinez\venetian islands - 2nd pump redesign and rpr 20140409.doc 26 Mr. David Martinez, P.E. April9, 2015 Page 2 of 2 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 Six Hundred Twenty Seven Thousand Nine Hundred Tw entv Dollars ( $627,920.001. II) Supplemental Design Services Based on our understanding of the pump station layout redesign project, we anticipate up to 6 workshop meetings with the City and residents of the Venetian Islands. Our task will be to initiate collaboration between the City, designers and the residents, to talk about the proposed pump station improvements, to address the needs of the community to construct a drainage system that meets the requirements of the City and other regulatory agencies such as RER and the SFWMD and discuss possible alternatives to the curent design. Based on the needs and wants of the City and the residents our firm will revise the current pump station layouts. The revisions will include updating the paving, grading and drainage plans, the stormwater plans, the electrical engineer's plans to show the updated pump station layout and redesign of the structural components of the control panels based on the anticipated size and height reductions and for relocations within the outfall Rights-of-Way. Our fee to perform these services shall be a lump sum amount of Thirtv Eieht Thousand Fortv Two Dollars ($38,042.001. We anticipate that reimbursable expenses in the amount of Five Hundred Dollars ($500.00\ will be required to produce all of the required documents and process the plans for approval through the City of Miami Beach Public Works Department. I would like to thank you for giving us the opportunity to offer you this proposal. If you have any questions please call me at (305) 652-7010 or email me at lleon@shiskin.com. Respectfully submitted, S CHIVEBKE.SHISKIN & ASSOCIATES, INC. 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