HomeMy WebLinkAboutReso 2002-420
RESOLUTION NO. 2002- ~ I- 0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN
CONSULTANT AGREEMENT WITH BEISWENGER, HOCH AND
ASSOCIA TES, INC. (BH&A), FOR CONSTRUCTION
ENGINEERING INSPECTION SERVICES, A TT ACHED HERETO
AS EXHIBIT "A", IN THE AMOUNT NOT TO EXCEED TWO
HUNDRED TWENTY-NINE THOUSAND, EIGHT HUNDRED
TWENTY -NINE DOLLARS ($229,829.00), FOR THE GOLDEN
SHORES DRAINAGE AND STREETS IMPROVEMENT
PROJECT; PROVIDING THE CITY MANAGER THE
AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUA TE THE AGREEMENT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach approved an agreement with Redland
Company, Inc. for the Golden Shores Drainage and Streets Improvements Project by
Resolution No. 2002-416, on February 5, 2002; and
WHEREAS, the City of Sunny Isles Beach entered into a Miscellaneous
Consultant Services Agreement for various engineering related projects by Resolution
No. 2001-384, with Beiswenger, Hoch and Associates, Inc. (BH&A); and
WHEREAS, the City wishes to enter into an agreement, attached hereto as
Exhibit "A", with BH&A, in the amount not to exceed Two Hundred Twenty-Nine
Thousand, Eight Hundred Twenty-Nine Dollars ($229,829.00), for Construction
Engineering Inspection Services for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Consultant Agreement. The Consultant Agreement between
the City of Sunny Isles Beach and Beiswenger, Hoch and Associates, Inc., for
Construction Engineering Inspection Services, in the amount not to exceed $229,829.00,
attached hereto as Exhibit "A", for the Golden Shores Drainage and Streets Improvement
Project, is hereby approved.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to
execute said Consultant Agreement and do all things necessary to effectuate the terms of
this Consultant Agreement.
Section 3.
adoption.
Effective Date. This Resolution shall become effective immediately upon
R2002- Construction Engineering Inspection Srvs Agreement with BH&i4
PASSED AND ADOPTED this 21st day of February, 2002.
A TIEST:
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APPROVED AS TO FORM AND
LEGAL UFFICIENCY
VOTE: 5-0
Mayor Samson
Vice Mayor Iglesias
Commissioner Edelcup
Commissioner Goodman
Commissioner Kauffman
V (Yes)
~(Yes)
-0Yes)
~es)
(Yes)
R2002- Construction Engineering Inspection Srvs Agreement with BH&};\
Moved by:
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Second by:
_(No)
_(No)
_(No)
_(No)
_(No)
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Exhibi! "A"
CITY OF SUNNY ISLES BEACH
GOLDEN SHORES DRAINAGE SYSTEM
PROJECT OVERSIGHT CONSULTANT AGREEMENT
THIS AGREEMENT, entered into this "'~ day of (~~2002, by and
between the CITY OF SUNNY ISLES BEACH (hereinafter referred a to the "CIty") and
BEISWENGER HOCH AND ASSOCIATES (hereinafter referred to as the "Consultant").
RECITALS
WHEREAS, the City is in need of certain consultant services; and
WHEREAS, the Consultant represents that it has expertise in drainage systems and street
improvements; and
WHEREAS, the Consultant was qualified as an engineering consultant to perform
services for the City of Sunny Isles Beach by Resolution No. 99-176.
NOW THEREFORE, in consideration of the foregping and for the mutual covenants,
representations and warranties and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
I. RECIT ALS. The Recitals set forth above are hereby incorporated into this agreement
and made a part hereof for reference.
2. CONSULTING SERVICES. Consultant shall provide to the City, consulting services
advice in connection with the services as more particularly described in Attachment "A" attached
hereto and made a part hereof.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth
in Paragraph 8 hereunder, the term of this Agreement shall begin upon the execution of this
agreement and shall end upon the completion of services described in Attachment "A", and may
be extended as necessary, in writing by the parties hereto.
4. COMPENSATION. Payment to Consultant for all charges and tasks under this
Agreement shall be in accordance with this Agreement and a schedule of charges reflected in
Exhibit "A". The Consultant shall make no other charges to the City for supplies, labor, taxes,
licenses, permits, overhead or any other expenses or costs unless any such expense or cost is
incurred by Consultant with the prior written approval of the City. If the City disputes any
charges on the invoices, it may make payment of the uncontested amounts and withhold payment
on the contested amounts until they are resolved by agreement with Consultant.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent
contractor and shall be treated as such for all purposes. Nothing contained in this agreement or
any action of the parties shall be construed to constitute or to render the consultant an employee,
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Golden Shores Drainage System Project Oversight - Beiswenger Hoch & Associates
partner, agent, shareholder, officer or in any other capacity other than as an independent
contractor other than those obligations which have been or shall have been undertaken by the
City, Consultant shall be responsible for any and all of its own expenses in performing its duties
as contemplated under this agreement. The City shall not be responsible for any expense
incurred by the Consultant. The City shall have no duty to withhold any Federal income taxes or
pay Social Security services and that such obligations shall be that of the Consultant, other than
those set forth in this agreement. Consultant shall furnish its own transportation, office and other
supplies as it determines necessary in carrying out its duties under this agreement.
6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the
Consultant pursuant to this agreement and related services to this agreement are intended and
represented for the ownership of the City only. Any other use by Consultant or other parties
shall be approved in writing by the City.
7. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its
officers, agents, employees from, and against any and all claims, actions, liabilities, losses and
expenses including, but not limited to, attorney's fees for personal, economic or bodily injury,
wrongful death, loss of or damage to property, at law or in equity, which may arise or may be
alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the
consultant, agents or other personal entity acting under Consultant's control in connection with
the Consultant's performance of services pursuant to that agreement and to that extent the
Consultant shall pay such claims and losses and shall pay all such costs and judgments which
may issue from any lawsuit arising from such claims and losses and shall pay all costs and
attorneys' fees expended by the City in defense of such claims and losses including appeals. The
parties agree that ten percent (10%) of the total compensation is a specific consideration from the
City to the Consultant for this indemnity.
8. TERMINATION.
A. If, through any cause within the reasonable control the Consultant shall fail to
fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations
material to this agreement, the City shall have the right to terminate the services then remaining
to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify
the Consultant of its violation of the particular terms of the agreement and grant Consultant ten
(10) days to cure such default. If the default remains uncured after ten (10) days the City may
terminate this agreement
(i.) In the event of termination, all finished and unfinished documents, data and other
work product prepared by Consultant (and sub consultant(s)) shall be delivered to
the City and the City shall compensate the Consultant for all services satisfactorily
performed prior to the date of termination, as provided in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of liability to
the City for damages sustained by it by virtue of a breach of the agreement by
Consultant and the City may reasonably withhold payments to Consultant for the
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Golden Shores Drainage System Project Oversight . Beiswenger Hoch & Associates
purposes of set-off until such time as the exact amount of damages due the City
from the Consultant is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed at any time by given written
notice which shall become effective seven (7) days following receipt by Consultant. The terms
of Paragraphs A(i) and (ii) shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining services to be performed in the event the Consultant is placed either in voluntary or
involuntary bankruptcy or makes any assignment for the benefit of creditors.
9. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not
subcontract, assign or transfer any work under this agreement with the prior written consent of
the City. Should the Consultant subcontract any services under this agreement, it shall be done
with continued liability for the Consultant. The Consultant shall remain responsible for services,
responsibilities and liabilities of the subcontractor or any person or entity acting under
Consultant.
10. TIME OF COMPLETION. The services to be rendered by the Consultant shall be
commenced upon execution of this contract and shall be completed within the time specified in
this agreement. A reasonable extension of time shall be granted in the event the work of the
Consultant is delayed or prevented by the City or by circumstances beyond the reasonable
control of the Consultant including weather conditions of acts of God which render the
performance of the Consultant's duty impracticable.
11. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly,
voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any
action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in
connection with this agreement or any course of conduct, course of dealing, statements (whether
verbal or written) or actions of either of party.
12. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or
controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration. And their
respective attorneys' fees as may be determined by the court on confirmation.
13. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of
this Agreement or any time for a period of TEN (10) years subsequent to that date upon which
the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any
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Golden Shores Drainage System Project Oversight - Beiswenger Hoch & Associates
person or entity, other than in the discharge of the duties of the Consultant under this Agreement,
any information which the City designates in writing as "confidentia1." As a violation by the
Consultant of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for
violating such provisions.
14. NOTICES. All notices and communications hereunder shall be in writing and shall be
deemed given when sent postage prepaid by registered or certified mail, return receipt requested
and, if intended for City one to Christopher J. Russo, City Manager and one to Lynn M.
Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250,
Sunny Isles Beach, Florida 33160, and if intended for the Consultant, shall be addressed to
Robert Deuser, Vice President, Beiswenger Hoch and Associates, 1190 N.E. 163rd Street,
Suite 203, North Miami Beach, Florida 33162, Phone Number (305) 944-5151 and Facsimile
Number (305) 948-6290.
16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws ofthe State of Florida.
17. AUDIT. The Consultant shall make available to the City or its representative all required
financial recprds associated with the Agreement for a period of THREE (3) years.
18. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil
rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act
of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
marital/familial status, or status with regard to public assistance. The Consultant will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
other forms of compensation, and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause.
The Consultant agrees to comply with any Federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973 (29 V.S.C. 708), which prohibits
discrimination against the handicapped in any Federally assisted program.
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Golden Shores Drainage System Project Oversight - Beiswenger Hoch & Associates
19. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the
Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City
of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully
set forth herein, in connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance of the
services. The Consultant further covenants that in the performance of this agreement, no person
having any such interest shall knowingly be employed by the Consultant. No member of, or
delegate to the Congress of the United States shall be admitted to any share or part of this
agreement or to any benefits arising therefrom.
20. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly
incorporated herein by reference, contain the entire agreement of the parties, and may be
amended, waived, changed, modified, extended or rescinded only by a writing signed by the
party against whom any such amendment, waiver, change, modification, extension and/or
rescission is sought.
21. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede
any other conflicting provisions that are contained in any other document.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement In
duplicate on the day and year first written above.
WITNESSES:
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BEISWENGER HOCH AND ASSOCIATES:
BY:
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Robert Deuser, Vice President
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CI~ ISLES BEACH
BY. ./ ~
ChrIstopher J. Russo, City Manager
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 FaX:
Page 5 of5
Golden Shores Drainage System Project Oversight - Beiswenger Hoch & Associates
,
Beiswenger Hoch and Associates
CONSULTING ENGINEERS AND PLANNERS
PHONE (305) 944-5151
FAX (305) 948-6290
North Miami Beach, February 1, 2002
Mr. Christopher J. Russo
City Manager
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, FI. 33160
Ref: Golden Shores Drainage and Streets Improvements,
Proposal for Construction Engineering Inspection Services (CEI)
Dear Mr. Russo
Attached please find the Scope of Services and Fee Estimate proposal for the
Construction Engineering Services for the above mentioned construction project. Our
Man-loading projections are extended through the month of September and includes one
month for preparation of final documentation, as-built plans and miscellaneous tasks.
Should you have any questions, please do not hesitate to call us.
Sincerely
BEISW NGER, HOCH AND ASSOCIATES
r
V' tor H. Guevara
Project Manager
CC: Mr. James Watts
BHA File
P,O. Box 1368, North Miami Beach, Florida 33160 . 1190 NE 163rd Street, Suite 203, North Miami Beach, Florida 33162
GOLDEN SHORES DRAINAGE AND STREET IMPROVEMENTS
SCOPE OF WORK FOR CONSTRUCTION ENGINEERING INSPECTION SERVICES
1.0 GENERAL.-
It shall be the responsibility of the Consultant to provide services as necessary to
administer the construction contract in a manner so as to assure that the Golden Shores
Drainage and Street Improvements project is constructed in reasonable conformity with
the plans, specifications and contract provisions.
The Consultant shall advise the City of Sunny Isles Beach in writing, of any omissions,
substitutions, defects and deficiencies noted in the work of the Contractor and the
corrective actions taken. The work provided by the Consultant shall, in no way, relieve
the Contractor of responsibility for the means and method and the satisfactory
performance of the construction contract.
2.0 SURVEY CONTROl.-
The Consultant shall verify the existence and accuracy of location for all reference points
and baseline control points indicated on the plans. The Consultant shall re-establish any
missing or disturbed control points as may be required to maintain the accuracy for
survey control.
The Consultant shall establish the survey control baseline(s) along with sufficient
baseline control points and benchmarks at appropriate intervals along the project for use
by the Contractor and the Consultant in performing verification surveys of construction
layout. The Consultant shall; (1) make and record such measurements as are necessary
to calculate and document quantities for pay items; (2) make and record pre-construction
cross section surveys of the project site in those areas where earthwork (Le,
embankment, excavation, etc.), is part of the construction project; and (3) perform
incidental engineering surveys as may be necessary to carry out the services covered by
this agreement and to verify and confirm the accuracy of the contractor's survey layout
work.
3.0 RESIDENT INSPECTION.-
The Consultant shall provide services to monitor the Contractor's on-site construction
operations and to inspect all materials entering into the work as required to assure that
the quality of workmanship and materials is such that the project will be completed in
reasonable conformity with the plans, specifications and other contract provisions. The
Project Manager from the City of Sunny Isles Beach will monitor all off-site activities and
fabrication. The Consultant shall keep detailed, accurate records of the Contractor's
daily operations and significant events that affect the work.
The standard procedures and practices of the Florida Department of Transportation for
Inspection of Construction projects are set out in the Department's Construction Manual.
The Consultant shall, in general, perform inspection services in accordance with these
standard procedures and practices and other accepted practices as may be
appropriated.
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Beiswenger, Hoch and Assoclat.., Inc.
4.- TESTING.-
The Consultant shall perform sampling and testing of component materials and complete
work items to the extent that will assure that the materials and workmanship
incorporated in each project are in reasonable conformity with the plans, specifications
and especial provisions. The minimum sampling frequencies set out in the Department's
Material Sampling, testing and Reporting Guide shall be met. In complying with the
aforementioned guide, the Consultant shall perform all on-site sampling materials and
such testing of materials and complete work items that are normally done in the vicinity
of the project.
Inspection and sampling of materials and components required at locations remote from
the vicinity of the project and testing of materials normally done in a laboratory remote
from the project site will be performed by others. The Consultant shall be specifically
responsible for job control samples determining the acceptability of all materials and
complete work items on the basis of either test results or verification of a certification,
certified mill analysis, DOT label, DOT stamp, etc. The Consultant shall also be
responsible for the progress record sampling.
The Project Manager from the City will monitor the effectiveness of the Consultant's
testing procedures through surveillance and obtaining and testing progress record
samples and final record samples. Progress record sampling and testing is necessary to
verify compliance with the specification requirements. The Consultant shall inform de
City of schedules for sampling and testing as the work progresses on each construction
contract so sampling can be accomplished by the City at the proper time.
Sampling, testing and laboratory methods shall be required by the aforementioned guide
or as modified by the contract provisions. Familiarity with the current 346 and 455
specifications is required.
Documentation reports on sampling and testing shall be submitted to responsible parties
during the same week that the construction work is done or as otherwise directed by the
representative of the City's Project Manager.
The Consultant shall perform all necessary surveillance and inspection of the on-site hot-
mix asphalt operations by providing a D.O.T. Certified Asphalt Road Technician. The
Consultant shall provide surveillance and acceptance sampling and testing at any hot-
mix asphalt plant providing mixes to a project under a Quality Assurance Specification.
Also, it will be required to have Inspectors with ACI certification.
5.- MANAGEMENT ENGINEERING SERVICES.-
The Consultant shall perform all management engineering services necessary to assure
the proper coordination of the activities of all parties involved in accomplishing
completion of the project is achieved; to maintain complete, accurate records of all
activities and events relating the projects; to properly document all significant changes to
the projects; to provide interpretations of the plans, specifications and contract provision;
to make recommendations to the City to resolve disputes which arise in relation to the
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Beiswenger, Hoch and Assoclat.., Inc.
construction contracts; and to maintain an adequate level of surveillance of the
Contractor's activities.
The Consultant shall also perform any other management engineering services normally
assigned to a Resident Engineer that are required to fulfill its responsibilities under this
Agreement. All recordation and documentation will be in accordance with standard City
procedures, formats and content. Services include, but are not limited to, the following:
1 . Schedule and conduct a preconstruction conference for the project. Record
significant information revealed and decisions made at this conference and
distribute copies of these minutes to the appropriated parties.
2. Maintain on a daily basis a complete and accurate record of all activities and
events relating to the project and a record of all work completed by the
Contractor, including quantities of pay items in conformity with Final Estimates
preparation procedures and specifications. The Consultant shall immediately
report apparent significant changes in quantity, time or cost as they are noted.
3. Maintain a roadway and sewer Construction Dairy in accordance with the
construction manual and acceptable to the City.
4. Maintain a log of all materials entering into the work with proper indication of the
basis of acceptance of each shipment of material.
5. Maintain records of all sampling and testing accomplished and analyze such
records required to ascertain acceptability of materials and complete work items.
The field reports for records of work and testing results shall be submitted within
one week.
6. Once each month, prepare a comprehensive tabulation of the quantity of each
pay item satisfactorily completed to date. Quantities shall be based on daily
records or calculations. Calculations shall be retained. The tabulation will be used
for preparation of the Monthly Progress Estimate.
7. The Contractor is required to prepare a CPM Network Schedule at the beginning
of the project. The Consultant shall obtain this schedule, analyze it following
guidelines developed by the City and provide a written report of its findings to the
City, together with a draft of a response to the Contractor. If additional or interim
reports are required by the City during the normal course of the contract, they
shall be provided at no additional cost to the City. Following the City's review of
the report, the Consultant will respond to the Contractor and guide him, if
necessary, in revising the schedule until it is approved by the City.
8. Prepare and submit to the City a Monthly Project Status Report. The report shall
include but not be limited to the following:
a.) General project information such as original contract days, present
contract days, original contract amount, present contract amount, job
progress percentage, job progress chart percentage.
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Beiswenger, Hoch and Assoclatea,lnc.
b.) Status of supplemental agreements
c.) Job progress during month of report.
d.) Delays and reasons for delays.
e.) Condition of job maintenance of traffic.
f.) Contract claims.
9. Provide to the Contractor interpretation of the plans, specifications and contract
provisions. The Consultant shall consult with the City's Project Manager when an
interpretation involves complex issues or may have an impact on the cost of
performing the work. When warranted, the City may request an interpretation
from the Consultant and/or the Design Engineers. The City shall coordinate all
requests for involvement of the Consultant Design Engineers.
10. Analyze problems that arise on a project and proposals submitted by the
Contractor and prepare and submit a recommendation to the City.
11 . Analyze changes to the plans, specifications or contract provisions and extra
work which appears to be necessary to carry out the intent of the contract when it
is determined that a change or extra work is necessary and such work is within
the scope and intent of the original contract. Recommend such changes to the
City for approval.
In the event that the Contractor gives notice, either written or verbal, that he
deems certain work being performed by him to be beyond the scope of the
construction contract and he intents to claim additional compensation, maintain
accurate records of the costs involved in such work. These records shall include
manpower and equipment times and materials installed (temporary or
permanent) in the portion of the work in dispute.
12. When it is determined that a modification to the original contract for a project is
required due to a necessary change in the character of the work, negotiate prices
with the contractor and prepare and submit for approval by the City a
Supplemental Agreement in accordance with all applicable City rules.
13. In the event that the Contractor for a project submit a claim for additional
compensation, analyze the submittal and prepare a recommendation to the City
covering validity and reasonableness of changes and conduct negotiations
leading to recommendations for settlement of the claim.
14. In the event that the Contractor for a project submits a request for extension of
the allowable contract time, analyze the request and prepare a recommendation
to the City covering accuracy of settlements and the actual effect of delaying
factor on completion of controlling work items.
15. Prepare and submit to the City a final estimate and one set of as-built record
plans for the project. This task will be satisfactorily completed within 20 working
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Beiswenger, Hoch and Assoclatea,lnc.
days after conditional or final acceptance whichever one comes first. The
Consultant is responsible for complete final quantities measurements and
documentation for allwork under their inspection.
16. Assist appropriate City offices in preparing for arbitration hearings or litigation that
may occur during Consultant's contract time in connection with a project covered
by this Agreement.
17. Monitor each Contractor's compliance with contract provisions in regard to
payment of predetermined wage rates in accordance with department
procedures. This includes subcontractor compliance.
Serve as the Resident Compliance Officer in surveillance of the Contractor's
compliance with contract requirements. The Resident Compliance Engineer is
responsible for reviewing, monitoring, evaluating and acting upon documentation
required for contract compliance and maintaining the appropriate files thereof.
Typical areas of compliance responsibility include EEO Affirmative Actions for the
prime contractor and subcontractor, DBE Affirmative Action, Contractor Formal
Training, Payroll and Subcontracts.
The Compliance officer must keep all related documents and correspondence
accurate and up to date. The Compliance Officer will also attend all compliance
reviews and furnish the complete project files for review. He will also assist the
City's Project Manager as requested. He shall submit a DBE Utilization
Certification package with the final estimate submittal.
18. Monitor each construction project to the extent necessary to determine whether
construction activities violate the requirements of any permits. Notify the
Contractor of any violations or potential violations and require his immediate
resolution of the problem. Violations must be reported to the City immediately.
The City will provide the Consultant with a copy of each permit within the project
limits.
19. Maintain a complete log of all submittals of shop drawings, noting the dates of
first submittal and subsequent views and re-submittals, approvals, etc. The
Consultant shall take note of and verify that any changes are properly carried
through to construction and shall further record, report, make recommendations
and evaluate any circumstances which affect the progress or cost of the work.
The Consultant shall actively encourage all reviewers to accomplish reviews
promptly. Shop drawings shall also include any manuals or similar documents
outlining proposed construction procedures submitted by the Contractor.
20. Provide coordination between the Contractor and utility companies to assure that
conflicting utilities are removed, adjusted or protected in-place in a timely manner
to minimize delays to construction operations. Documentation will be maintained
in accordance with the City's procedures.
21. As required by the City's Project Manager, provide inspection of utility work
including reimbursable utilities that are shown in the Contractor's contract. This
will also include all required documentation.
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Beiswenger, Hoch and Assoclaa.., Inc.
22. The Consultant's Resident Engineer for each particular project will conduct a
weekly meeting as required with the respective contractor, subcontractor and/or
utility companies to review plans, schedules, problems or other areas of concern.
The results of these meetings will be recorded in minutes and shown on the
Engineer's Weekly Summary.
23. A filing system will be maintained by the consultant as required.
24. Conduct and document field reviews of the maintenance of traffic operation after
normal working hours, weekends and holidays if maintenance of traffic
represents a potential hazard to the public.
25. Perform required survey work to prevent delaying contractor's operations when
requested by the City.
26. When needed to prevent delays in Contractor's operations, produce reports,
verify quantity calculations, field measure for payment purposes and/or write
communications.
27. Upon identification of a proposed changed condition or construction contract
change, the extent of change shall be analyzed and an order of magnitude
estimate of cost and time change, if any, will be prepared. Prior to receipt of the
Contractor's estimate, prepare the fair cost estimate.
28. Negotiate all changes with the Contractor using the Consultant's prepared fair
cost estimate as a basis. Submit the results to the City's Project Manager within
two (2) weeks of start of negotiations or report the major differences to the City's
Project Manager. If agreement is not reached. The City's Project Manager will
review and approve recommended changes in cost and time. The Consultant
shall prepare supplement and change order documents and track status of each
one until executed.
29. Address public information matters dealing directly with the construction project.
The Consultant shall be sensitive to public image, handling the press/media,
project safety, maintenance of traffic issues, etc., and shall inform and assist
appropriate City personnel and/or its information to the public. All public
information matters dealing with situations not directly relating to the construction
project shall be directed to the City's Project Manager or his designee, who may
delegate certain aspects to the Consultant.
30. The Consultant shall record the progress of work each month by taking color
photographs. The number of photographs to be taken will be an average of the
(10) photograph per month on an on-going basis throughout the project. These
photographs will depict operations in progress and complete work.
Photographic documentation of noteworthy incidents or events shall also be
made. These may include:
· Preconstruction Photographs
6
Beiswenger, Hoch and Associates, Inc.
· Exceptional progress report
· Accidents showing damage
· Unsafe working conditions
· Unusual construction techniques
· Damaged equipment or materials
· Any activities which may result in claims
Video recordings shall include the taping of milestone construction events.
Photographs and video recordings shall begin the day prior to the start of
construction and continue monthly throughout this project, including Conditional and
Final Acceptance.
7
Beiswenger, Hoch and Associa..s, Inc.
MAN LOADING
Golden Shores Drainage and Street Improvements
TOTAL TOTAL
PERSONNEL 2002 MAN MAN
CLASSIFICATIONS MONTHS HOURS
JAN FEB MAR APR MAY JUN JUL AUG SEP (173 hrsJmo)
Proiect Manaaer (Office) 0.1 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 1.00 173
Resident Enaineer 0.1 0.4 0.2 0.2 0.2 0.2 0.2 0.4 0.25 2.15 372
Proiect Enaineer (Field) 0.1 0.4 0.2 0.2 0.2 0.2 0.2 0.4 0.25 2.15 372
Senior Inspector 0.25 1.0 1.0 1.0 1.0 1.0 1.0 1.0 0.25 7.50 1298
Inspector (AsDhaIVRoadway) 0.6 0.6 0.6 0.6 0.6 3.00 519
Secretary 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.25 1.75 303
TOTALS 0.65 2.2 1.7 2.3 2.3 2.3 2.3 2.7 1.1 17.55 3037
JAN FEB MAR APR MAY JUN JUL AUG SEP
2002
Construction Contract Awarded
Notice to Proceed CEI
Notice to Proceed Contractor
Construction Duration
End of Construction
End of CEI Contract
5-Feb-02
5-Feb-02
February 18. 2002
6.0 Months (180 days)
August 16,2002
September 16, 2002 (220 days)
Beiswenger, Hoch and Associatea,lnc.
FEE ESTIMATE
Construction Engineering and Inspection
Golden Shores Drainage and Street Improvements
Classification Hours Rate
Project Manager (office) 173 $140
Resident Engineer 372 $110
Project Engineer (field) 372 $83
Senior Inspector 1298 $62
Inspector (Asphalt/Roadway) 519 $49
Secretary 303 $35
3037
Project Expenses (lump sum amount)
Fee
$24,220
$40,920
$30,876
$80,476
$25,431
$10,605
$212,528
Field Survey (reimbursable amount)
10 survey days @ $800/day; 10 hours office engineering @
$74.17/hr. and 10 hours office technician @ $41.10
$5,398
$9,153
Total Fee Estimate
$227,079
~ ,
FIELD EXPENSES
Golden Shores Drainage and Street Improvements
2 field vehicles for Senior Inspector and Inspector Asphalt
11 months @ $481/month
include lease, operation & maintenance, and insurance
$5,291
Film Badge Service (for testing of radiation exposure)
13 months @ $8.25/month
$107
TOTAL FIELD EXPENSES (lump sum)
$5.398
(It is assumed that contractor will make available copier, fax machine, telephone service,
security system and monitoring, and garbage/janitorial services.)