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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: j '/ ,,:.,/,}. .' .. ~ct-JJ;~~[" R~,ch*,d B~wn-~~na, City Clerk '\ ,. ~-~ I;} " .' 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: c,~~ y,'0 rf\~yj~ Second by: _(No) _(No) _(No) _(No) _(No) ..A.----. ' 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, Page lof5 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 Page 2 of5 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 Page 3 of5 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. Page 4 of5 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: ;J v&;O c;;::.r&VL3 12--,:.1 @l.tJ,JE BEISWENGER HOCH AND ASSOCIATES: BY: Zt~f- ;5. ~ Robert Deuser, Vice President ~1:1 C'..~. . J '.. .... ..;1 "" f ,. . \i,.\ ;~~\.~ ~'J )Q.,. "I~~:.i(.\ ,,' ::3 . ''lI \t' (-..' ,".1 , ',) 1 ;;,. I, ((;~1 .f ;}"';'" 4 ..':.... 40,.~ .. " ,~,T 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. 1 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 2 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. 3 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 4 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. 5 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.)