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Exhibit B
Milian, Swain & Associates, Inc,
2025 S. W, 32nd Avenue, Miami, Florida
(3051441-0I23 Fax (305) 441-0688z
April 29, 2004
REVISED August 18, 2004
CITY OF MIAMI
Capital Improvement Project Department
444 SW 2nd Avenue, 8th Floor
Miami, Florida 33130
Attention: Mr. Jorge Cano, P.E.
Deputy Director
CITY OF ri#AI- .'' :::•EPT. DE
CAPITAL IMPROVEMENTS
MSA File: C06.01
Reference: REQUEST FOR ADDITIONAL COMPENSATION
"Riverside Riverfront Redevelopment Project", (LUMMUS LANDING)
City of Miami, Florida
Dear Jorge:
As discussed earlier this week, Milian, Swain and Associates, Inc. (MSA) has identified
additional services performed by our staff during the Bidding and Construction phases
of the for the referenced project. The additional compensation requested is summarized
as follows:
BIDDING PHASE:
• ADDITIONAL TASK 01: $ 4,666.00
CONSTRUCTION PHASE:
• ADDITIONAL TASK 01:
• ADDITIONAL TASK 02:
• ADDITIONAL TASK 03:
• ADDITIONAL TASK 04:
TOTAL:
• ADDITIONAL TASK 05:
GRAND TOTAL:
$ 2,147.00
$ 681.00
$ 3,520.00
$ Z333.00
$13,347.00
$10-000.00
$23,347.00
Please note that Task 05 represents additional construction services proposed by MSA
through completion of construction. MSA's services are based on a number of
assumptions as described in enclosed Attachment A.
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Enclosed you will find a detailed description of the pertinent hours spent by MSA
employees along with corresponding actual timesheets to substantiate this request. We
would be pleased to meet with you to discuss the above information and attached
documentation at your earliest convenience. Thank you in advance for your
consideration and prompt attention to this matter.
Sincerely,
MILIAN, SWAIN & ASSOC, • TES, INC.
JULIO M. MENCHE
Manager -Civil & Municipal Engineering
Copy: Neil Potteet, P.E.
Arsenio Milian, P.E.
Deborah Swain
Contract File
(HDR Engineering, Inc.)
(President — Milian, Swain & Associates, Inc.)
(Vice -President — Milian, Swain & Associates, Inc.)
2
MSA
Milian, Swain 6 Associates, Inc.
2025 S.W. 3271d Apernie, Miami, Florida 33745
(305) 447-0123 Fax (305) 441-0688
REQUEST FOR ADDITIONAL COMPENSATION
April 29, 2004
REVISED: August 18, 2004
"RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT"
( LUMMUS LANDING )
CONTRACT BIDDING PHASE
Additional Task 01: Services provided by MSA from December, 2002 through June,
2003 due to extensive coordination with the City and UNITECH related to the analysis
and revisions of UNITECH's Construction Schedule of Values. After MSA had almost
completed its basic services during the Bidding Phase of the project from August, 2002
through November 2002, the City informed MSA that they were exploring the possibility
of awarding this project to UNITECH (the 2nd lowest bidder) since they were locally
based, in compliance with the City's contracting ordinances which allowed for the 2nd
bidder to accept the low bid if they were locally based within the City of Miami. MSA
performed the following task(s) that were never contemplated in MSA's original scope
e
and budget for this phase of the work.
Following is a list of MSA's staff involved in performing this effort:
Month/
Year ID # (1 Staff Name Hours Rate/hr. Cost
02/03 41 A. Milian 0.50 $150.00 $ 75.00
02/03 42 R.Regalado 0.50 $115.42 $ 57.70
01/03 60 A.Milian 3.00 $160.00 $ 160.00
04/03 54 R.Regalado 3.00 $115.42 $ 346.26
05/03 61 R.Regalado 5.50 $115.42 $ 634.81
05/03 76 J.Palacios 2.00 $ 75.70 $ 151.40
06/03 81 J.Palacios 16.00 $ 75.70 $1211.15
06/03. 84 A.Milian .. 2.00 $150.00.... .$ 300.00
06/03 85 J.Palacios 10.50 $ 75.70 $ 794.85
06/03 88 J.Palacios 11.50 $ 75.70 $ 870.55
06/03 9Q A.Miliap 1.50 $150.00 $ 225.00
TOTAL ADDITIONAL COMPENSATION REQUESTED: $4,666.00
(*) The ID # is used to cross-reference and identify the exact day, month and year in
which MSA staff provided the additional services as reported and described in the
weekly timesheets submitted by the specific MSA employee. (Copies attached).
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CONSTRUCTION PHASE
Additional Task 01: Services provided by MSA in an effort to expedite and avoid
construction delays related to the location of existing onsite underground Bellsouth
Fiber optic lines within the existing utility easement. The construction documents depict
the existing Bellsouth ducts based on the best available data provided by Bellsouth
during the design phase of the project. Utility verification and coordination is specifically
the responsibility of the Contractor, (not the Engineer) as stipulated in the construction
drawings and specifications. MSA provided extensive coordination with UNITECH, the
City and Bellsouth trying to resolve this issue. Following is a list of MSA's staff involved
in performing this effort:
Month/
Year ID # (*) Staff Name Hours Ratelhr. Cost
08/03 102 J.Palacios 1.50 $ 75.70 $ 113.55
08103 108 J.Palacios 6.00 $ 75.70 $ 454.42
09/03 115 J.Palacios 2.50 $ 75.70 $ 189.25
09/03 116 J.Palacios 5.50 $ 75.70 $ 416.35
10/03 125 A.Gomez 1.50 $ 53.78 $ 80.67
10/03 128 J.Menache 0.50 $121.61 $ 60.81
10/03 132 J.Palacios 2.00 $ 75.70 $ 151.40
10/03 136 J.Palacios 4.50 $ 75.70 $ 340.65
10/03 137 J.Palacios 2.50 $ 75.70 $ 189.25
10/03 141 J.Palacios 2.00 $ 75.70 $ 151.40
TOTAL ADDITIONAL COMPENSATION REQUESTED: $2,147.00
Additional Task 02: Services provided by MSA related to revisions to the construction
drawings as required to reflect the adjustment (location) of the proposed tree planters in
the public sidewalk directly adjacent to the project site. This change was requested by
the City in August, 2003 (through letter from Curtis & Rogers Landscape Architects) to
have the tree planters consistent with the rest of the Miami River Greenway project in
this area. Following is a list of MSA's staff involved in performing this effort:
Month/
Year ID # (*) Staff Name Hours Rate/hr. Cost
9/03 109 J.Palacios 2.50 $ 75.70 $ 189.25
9/03 112 J.Palacios 1.50 $ 75.70 $ 113.55
9/03 117 J.Palacios 1.50 $ 75.70 $ 113.55
9/03 123 J.Palacios 3.50 $ 75.70 $ 264.95
TOTAL ADDITIONAL COMPENSATION REQUESTED: $ 681.00
(*) The ID # shown is used to cross-reference and identify the exact week, month and
year in which MSA staff provided the additional services as reported and described in
the weekly timesheets submitted by the specific MSA employee. (Copies attached).
4
CONSTRUCTION PHASE (Continuation)
Additional Task 03: On November, 2003, the "Water and Sewer" Pre -Construction
meeting was held at the project site with representatives from the City, MDWASD
Inspection Dept, UNITECH and their water and sewer sub -contractor. At this meeting,
UNITECH requested to make the 12" x 8" tapping connection to the existing 12-inch d.i.
watermain approximately 30 feet east of the location originally approved by MDWASD.
The new location would require asphalt pavement restoration, thus reducing
UNITECH's costs when compared to the concrete pavement restoration required at the
original location. Upon MSA's review of the contractor's request, revisions to the plans
were made and presented to Froylan Baez (MDWASD's Chief Inspector) who approved
the new location but demanded the use of a 12" x 12" tap and 12-inch valve in lieu of
the 12" x 8" originally approved by MDWASD. The increase in branch -pipe and valve
diameter triggered a Change Order from UNITECH in excess of $20,000. MSA staff had
to then spend an unexpected amount of effort to assist the City in resolving this issue
that extended from November 2003 through March 2004. Following is a list of MSA's
staff involved in performing this effort:
Month!
Year ID # (*) Staff Name Hours Rate/hr. Cost
11/03 148 J.Palacios 2.00 $ 75.70 $ U1.40 (**)
11/03 150 J.Palacios 3.00 $ 75.70 $ 327,10 (**)
11/03 151 J.Palacios 3.50 $ 75.70 $ 264.95
11/03 152 J.Palacios 2.00 $ 75.70 $ 151.40
11/03 153 J.Palacios 2.50 $ 75.70 $ 151.40
11/03 154 L.Garcia 2.50 $ 52.07 $ 1,30.17 (**)
12/03 155 A.Gomez 1.00 $ 53.78 $ 53.78
12/03 156 A.Milian 1.00 $150.00 $ 150.00
12/03 157 J.Palacios 1.00 $ 75.70 $ 75.70
12/03 158 J.Palacios 1.00 $ 75.70 $ 75.70
12/03 160 J.Palacios 6.50 $ 75.70 $ 492.05
01/04 166 J.Menache 1.00 $121.61 $ 121.61
01/04 167 J.Palacios 8.00 $ 75.70 $ 605.60
01/04 168 J.Palacios 1.50 $ 75.70 $ 113.55
01/04 169 J.Palacios 4.50 $ 75.70 $ 340.65
01/04 171 J.Palacios 1.50 $ 75.70 $ 113.55
01/04 172 J.Palacios 3.50 $ 75.70 $ 264.95
01/04 174 J.Palacios 2.00 $ 75.70 $ 151.40
03/04 181 J.Menache 2.00 $121.61 $ 243.22
03/04 184 J.Palacios 2.00 $ 75,70 $ 151.40
TOTAL ADDITIONAL COMPENSATION REQUESTED: $3,520.00
(*) The ID # shown is used to cross-reference and identify the exact week, month and
year in which MSA staff provided the additional services as reported and described in
the weekly timesheets submitted by the specific MSA employee. (Copies attached).
(**) MSA committed to the City the watermain relocation design effort at no additional
charge.
3
CONSTRUCTION PHASE (Continuation)
Additional Task 04: Services provided by MSA related to review of revised
construction .schedule(s) received from UNITECH, coordination with UNITECH and
assistance to the City, including attendance to meetings on said and related matters
never budgeted for this phase of the work. Following is a list of MSA's staff involved in
performing this effort:
Month/
Year ID # (*) Staff Name Hours Rate/hr. Cost
02/04 175 A.Milian 2.50 $150.00 $ 375.00
03104 176 A.Milian 1.00 $150.00 $ 150.00
03/04 179 A.Milian 3.00 $150.00 $ 450.00
03/04 180 J.Menache 2.00 $121.61 $ 243.22
03/04 182 J.Palacios 2.50 $ 75.70 $ 189.25
03/04 183 J.Palacios 2.00 $ 75.70 $ 151.40
03/04 185 J.Palacios 2.00 $ 75.70 $ 151.40
03/04 186 J.Palacios 1.00 $ 75.70 $ 75.70
03/04 187 J.Menache 4.50 $121.61 $ 547.25
TOTAL ADDITIONAL COMPENSATION REQUESTED: $2,333.00
(*) The ID # shown is used to cross-reference and identify the exact week, month and
year in which MSA staff provided the additional services as reported and described in
the weekly timesheets submitted by the specific MSA employee. (Copies attached).
Additional Task 05: MSA's budget for the Construction phase of this project was
negotiated with the City's Real Estate and Economic Development Department based
on a 9-month (270 calendar days) construction period that started with the executed
construction contract between the City and UNITECH on March 28, 2003 and ended on
December 22, 2003. MSA has since continued to provide assistance to the City, even
though MSA's portion of the construction phase budget ($14,000) was completely
exhausted well before December 22, 2003. This was due to extended number of site
visits and all the effort spent by our senior staff in the area of Construction Management
/ Administration; roles that were never budgeted for this phase of the work. As a result,
MSA will provide additional construction phase assistance to the City based on an
anticipated 4-month construction period extension, once this fee proposal is approved
and in accordance with the attached scope of services (Attachment A) and associated
engineering fee estimate.
TOTAL ADDITIONAL COMPENSATION REQUESTED: $10,000.00
ATTACHMENT "A"
ADDITIONAL TASK 05
Construction Phase
RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT
(LUMMUS LANDING)
SCOPE OF SERVICES
MSA will provide additional construction phase assistance to the City based on a 4-
month construction period and the following scope of services:
Note: Task numbers follow Section 2.2.6 — "Construction Phase -Administration of the
Construction Contract" of the executed Professional Services Agreement ("The
Agreement") between the City of Miami (City) and Milian, Swain and Associates, Inc
(MSA) for the Riverside Riverfront Redevelopment Project; hereby incorporated by
reference:
Task (d): Witness On -Site Testing
Witness water and sewer system pressure and exfiltration tests.
Write and distribute test results.
Task (I): Review Contractor's Application for Payment
Assume Four Applications. MSA's involvement limited to 2 hours by engineer per
application.
Task (m): Process Shop Drawings
Scope consistent with the Agreement.
Task (r): Substantial Completion of the Project
Scope consistent with the Agreement,
Task (s): Completion of Construction & Final Certification
Scope consistent with Agreement.
Task (t): Record Drawings
MSA will prepare reproducible record drawings based on As -Built prepared and
provided by the Contractor and certified by the Contractor's Florida registered Land
Surveyor.
Task (u): Miscellaneous Services
This Task establishes an allowance amount of $1,126.00 to be used by MSA for
miscellaneous engineering efforts that may become necessary and which are not
covered in the above basic tasks of this Proposal.
COMPENSATION:
Compensation shall be based on a Lump Sum Basis. MSA's total fee for this Scope of
Work is $10,000.00. A breakdown of the work effort required to perform the tasks
contained in this proposal is included in the enclosed Engineering Fee Estimate.
-end-
ATTACHMENT "A"
ADDITIONAL TASK 05
Construction Phase