HomeMy WebLinkAboutMDM Consultants Scope of Work -1999 07 27
'." -'.
'(
MDM CONSULTANTS SCOPE OF WORK
07-27-99
SCOPE OF WORK FOR THE CITY OF WINTER SPRINGS FOR THE WSPD BUILDING
This scope of work is between MDM Consultants and The City of Winter Springs for performing
Engineering, investigation and consulting to assure that this effort on the WSPD-building is
completed and ...eets all specifications. MDM Consultants wlll work with all City Personnel and
Contractors for the City In a-harmonious and coopel ative-manner to assure-that this uncompleted
work is accompl;shed in as short a time as possible. MDM will provide the city updates each week
or as often as the city prefers in the form of deliverables as mentioned below.
MDM Consultants fuUy understands this task and the details involved in bringing all parties to
Negotiate a planned set of actions which establisbes-whateadt-mustdo to-codlplete this-structure
in a timely fashiqn. MDM has no problems in negotiating with individual sub-contractors and or
Any particular way tbe City-may deem necessary to accomplish this task. MDM has performed
this type of service for local municipalities including the City of Orlando.
MDM also understands the actions that may be necessary if the parties that were involved with,
the WSPD do no,! agree with negotiating and litigation becomes necessary. MDM has thus far
met witb the Ardritect, City officials; and participated in water test on the WSPD; inspected the
building and has a fuD understanding of what problems exist; what and where the breakdown
occurred in aUowing this situation to develop-and continue; and what must be done to correct
this situation m .. timely fashion. MDM also understands what documentation must be either
revised or changed in such fashion to assure that these same rudimentary mistakes are not
repeated.
The two aooroatthes for resolution:
There are two ayenues of resolution conceming-this effort. Adoption of either plan depends
Upon1hecrestilting actions that are-taken by the General Contractor and his sub-contractors.
The two plans are:
1. Plan without litb!ation: If the General Contractor and his sub-contractors agree to the
demands of the City to honor the requirements of the specifications & correct those items
that are defined and remain open on the punch list, tben thisefTort can proceed without
litigation and a start date will be agreed upon for completion of this total effort. The
original specific.tion is still in effect and those personnel of the city and the Architect will
Be involved to assure that this-work remains under continued survelance. The General
Contractor and ~r his representative will be in continuous surveillance to assure this work is
accomplished according to the- specifICation. The city will also have this effort under
whatever survelance is deemed necessary to assure completion according to specifications.
2. Plan with litieation: If the General Contracto~ and'his sub-contracton disagree with the
demands of the ~ity, Then there must be a plan to begin the effort immediately to assure that
further damage is not permitted to occur. Litigation could take as long as three to six
months, or longer. The problems that exist at the- WSPD- cannot be- all6wed to remain in
their present condition,le (the leaking windows).- Therefore, plans must be made to support
correctiOllS' on the windows and the- other open punch list items. These- plans will evolve
with either- the ~jty accomplishing the wo..k using its-own personnel or outside contractors.
The work would be acrompHshed and then litigation would attempt to- recover the amount
of money required to complete the'open punch lists.
Immediate alternatives:
1. Consider the installation of awnings (like or similar to those mentioned in the original
design) made ofa durable fabric-and mounted above-the windowl witlt adequate over-
Hang to assure ap.y inclement weather did not deposit additional water through the
Windows. This (of course), is dependent on available funding.
2. Cut and install flew snap molding with caulking to reduce the amount of water intrusion
On the surface of the windows.
3. On the interior or the window sills, temporarily remove the sheet rock and install
Caulking at the window incasement to prevent water intrusion from coming through the
air space that is seen between the top of the concrete sill and the bottom of the wood
blocking. Since the caulking cannot be ext.'uded into such a small space. A bead (dam)
Would be deposited in uniform amount from one side of the window to the other.
4. Weep holes: Drill the necessary additional weep boles on the outside of the- each window
At same elevation as the existing weep holes and in quantity per window to meet the
manufacturers specification.
The meetinS! with the ~eneral Contractor and his Sub-Contractors:
On July 36, 1999, MDM, The City of WS and the Arclritect met and discussed the details of
What is known about the window leaks and it is obvious as to what has happened and what
Needs to be done to correct the open items on the punch lists, especially leaking windows.
Avoiding litigation at the present time was a consensus of all present. One last attempt wlo
Litigation was thought to be the best avenue of appro.ach. Therefore, a letter will be
Certified mailed to the General Contractors and his sub-contractors,(The window installer
And the window Manufacturer).
The meetinS! that is scheduled for !\.Hi!Ylt 11. 1999 must be controlled bv the city as follows:
a. The City and MDM aktng with the Architect would first present its findings- that
Would establish beyond a shadow of d6ubt that all of the details are known as to
why the windows leak. The improper methods of installation and fabrication would
'l
be presented as ",ell as the detail findings of the water test. There will be no room
for the General ~o~tractor and or his subs to rebut with the city and or each other
As to why this effort was not completed right the first time. This control & detans of
the meeting must be presented first by tire parties of the city wldelt may diseourage
further disagreement between the General Contractor and his su~ or between the
two subs.
b. The city will the~ inform the General Contractor and tbe subs that all parties will
Travel to the WSPDsite-and-view the-samewater test with tbe weep holes taped shut
and then a water test with the tape removed from the weep holes. A viedo camera
Wilt capture these- events. Then a window wHJ be temporarily removed which wiD
Allow inspection of- the interiol! especially tbe end dams and tbe manner of caulking
or lack of caulking. The intetiorwindow sills have been previously removed for
viewing the interior and viewing the water intrusion into the interior of the building.
This also will be videoed for record and wiD become evidence in the event litigation is
required. Th~ window will be reinstalled after caulking is applied (if required) and
New snap in plolding (if required) is utilized.
c. There will be an()ther follow up meeting after travelling back to theWS city hall
Where-the General Contractor will present his views and then time will permit
The sub-contractors to present their views. It is strongly believed that the evidence
Presented and viewect by aD parties at the WSPD site will discourage any lengthy
Disagreeable discussions by the subcontractors as to who did not perform.
In summary: This format is believed to convey to the parties that have not performed, to
Conclude that the city knows what has happened; what needs to be done and that it is now
Necessary to start the corrections.
PROPOSED WORKING AGREMENT BTWEEN MDM AND THE CITY OF WINTER
SP~GS '
MDM will be available 5 week days, however any particular effort that requires weekend work
And or night work will be supported ilt any partieular maftfter the City deems neeessary. MDM
Prefers working 8 hours per day, however services will be. available to support any particular need
for the City. MUM would recognize the same holidays as the City.
Deliverables:
MDM will work directly with and report to the City Manager and provide investigative services,
And reports along with recommendatiotts for resolution to any specific tasks assigned. All
deliverables will go directly to the City Manager or designated representatives. All of the
I
Correspondence initiated by MDM that may be deliVered to other outside firms will first be
approved by the City Manager or the designated representative. Reports wiD include all the
necessary details t6 fully explain the findings. including recommendations for correction of
'1
... 0
Those problems found.
Compensation for services:
MDM prefers at the present time to be compensated as a 1099 with all payments to be sent to
(MDM Consultants, 1033 E. Semoran Blvd, Suite 221, Casselberry, FI, 3-2707). All vouchers
submitted for payment will have in detail the necessary description supporting the services.
If there are certain benefits available-within the city insurance program MDM would appreciate
any consideratio,a available. If the City prefers, MDM wiD be wming to work full time as a city
Employee with whatever benefits are available. If possible MDM would prefer to compensated
On a two week periods with the submission of a voucher supporting hours worked.
Rate for pavment of services:
MDM has usuaDy cbarged a rate between $45 and $65 an hour for consulting services. This rate
is negotiable.
Summary of present findings:
MDM, along wit'" the Architect and city building personnel have proved beyond any shadow of
doubt that the General Contractor & The Window Installer are at fault In not performing as
Set forth in the specification. It is MDM's professional opinion that the Window Manufacturer,
Having local representation, would have been on site for at least the installation of the their first
window to guide and or instruct the installation crew with the necessary details to assure
A correct fit up and caulking which would have contributed to a successful window installation.
This small effort would have contributed greatly to the successful installation of all windows.
CITY OF WTNTER SPRINGS
MDM Consult~..ts
ROnald W. McLemore
c~;;r~
~a e: .
g-- 'f' rr
Grady McCorquodale
~
Date:
? --u -- .? 9'
Ii
.
, .
ADDENDUM "A"
Rate of payment shall be $50 an hour not to exceed $6,000. All out of pocket expenses
shall be the responsibility of the City.
MOM shall provide not less than $1,000,000 in professional liability insurance and errors
and omission insurance.
MOM will indemnify the City from any and all claims against the City and MOM arising
from the scope of services of this agreement.
CITY OF WINTER SPRINGS
MOM CONSULTANTS
~#~~
Ronald W. Mclemore
City Manager
~~
Grady M orqu a
f/{ --19
Date:
?"--~--7:T
Date:
"'"~~:'n~,;.-::''t,~''' 0
~..---~~-'~...'-'
'-;;;,;~~;,;i
ACORD..
"'CAT&CMMiOQMj'
08 04 99
THII CI!In'1'ICATB I. I U 0 AS A IN ORMAnON
ONLY ANO CONFERS NO RIGHTS UPON THE CI!AnFlCATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES ffORDING COVERAGE
COMf'N4Y
A HARTFORD INSURANCE COMPANY
PAODUCIR
Modern Insurance, Inc.
5104 North Orange Blossom Trai
Suite 200A
Orlando FL 32810
/NtV1IIID
MDM CONSULTANTS, INC
1033 S. SEMORAN BLVD
UNIT 221
CASSELBERRY, FL 32707
COMPANY
B COLONY INSURANCE COMPANY
COMPANY
C
!
K~'" f;;: .,.~ :i1~L~ ~~~~:: :
THIS 'I TO CERTIfY T*5EPOIAClE8 Of INSURANCE LISTED BELOW HAVE BEEN lsaUED TO THE INeURED 'NA~!D ABove IIOA THI POUCY ;INOO'
INDICATED. N01'WITHIT. a Ntt AEQUIAIMINT. TERM OR CONDITION OF ANY CONTPACT OR OTHER DOCUMENT WITH AESJlECT TO WHICH THIS
CEA1'JFlCATE MAY BE MAY PERTAIN, THe INSUIWlc& AFFORDED BY THe POUCI!S D!lClltlllD HI!A!IN 10 SUBJecT TO ALL '\'HE TeRMI.
EXCLUSIONS ANO CON S OF SUCH POUClES. UMIT8 SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS.
llOI.ICY JlU...M
~ouCY UI'I!C'TIVI I'OUCY EXI'lMllOlt
DATlIMMIOOI't'Il DATE (IIM/DDIft)
UMlTI
co
L""
AIITOMOIl\.l UAIIlUTY
AN'f AlJTC
AU. ClYINm) AUTOS
SCHECUI.IO "!JT08
A X HlREO AUTOS
X NON.owN&Q..1WTOI
21SBALJ4375
GENERAl AQGIW!GATI 12 MILLION
PAOOIJCTS. COM"~ AGQ .1 MILLION
PERSONAl... ~ INJURY ,1 MILLION
12/30/98 12/30/99 EACH ocx:uAAENCI .1 MILLION
01/04/99 01/04/00 FIRE DAMAGE (Ally 0Ilt ~ .300 000
ME!) EXP !Anr _ ,..rtOn) ,10 000
COMBIHED SlNG~ UMIT ,
8COI\. Y INJURY .
(Per !*IMI
12/30/98 12/30/99 BOOI\. Y INJuRY '1
{I'et .ccldelIll MILLION
. .
PlO'iRiY CAMAGE S
atJlIlW. LlAllUlY
j .".
X CClIo1M!flClAI.GENSW. i)QIUtY
Cl.AIttISMoGi[K]DCCUR
A OWNER'S & CONTMCTOR'I PROT 21SBALJ 4375
B PROFESSIONAL E0501498
LIABILITY
A
21WECEV23SO
!l !Aa1 Aa:ICEHT ,1 0 0 0 0 0
12/30/98 12/30/99 ELDl9EA8E.PClJC'(UMIT .SOO 000
El. OISEASl! . EA EM"lQYEE .1 0 0 000
AUTO ONLY. EA ACCIDeNT .
OTHER 'THAN AlJTC ONlY;
eACH ACCIOENT
AGGREGATe
eACH OCCURReNCE
IGGReGAT!
GARAGe UABlUTY
AN'f AUTO
EXCel LlAI1UTY
UM8REUA POIW
OTliiA Tt4AH UM8REUA I'OAM
WOIUtiRI COMI'eN8A_ AND
OIPLO'tIM' LlAlIUTY
LIABILITY LIMITS 5,000,00
B
DUC1UPTION 01' OPlMnoHIILDCATlOJIINlHlC1.IlII8PICIAL n2Id
INSURED IS AN INFORMATIONAL AND TECHNOLOGY CONSULTING BUSINESS.
.,~!~~.~~~%tt~~~s~~.~. ,:~::
CITY OF WINTER SPRINGS
1126 E. STATE ROAD 434
WINTER SPRINGS, FL 32708
IHOUUl ANY OF TKf AIIoye OISCfllIID I'OUClII II eA-" I.,. a."aM 'lM1
EXPIRATION DATI TKIMOF. TKI IIlUlIIG CO.,AIn' WILL btoaAYOA 1'0 IIAIL
\ J.O... DAft WNTTb 1t0TlCI! TO 'lM1 CUTlI'lCATI HOUl'" IWIID TO""' 1.1".
auf 'AILURI TO IIAII. SUCH Kona SMAU. l..-os. NO oatJGAnOll 0" LtAlIU'TV
or A/tY ICIMO 'nt' COM' . m AGIIlTI OR RlPRUIIlTttTIYU.
A1IfHO VI!
tOd
3::>NV1:JnSNI N1:J300N* Wd2v 20 66 .vO 'eo
!~~7W~-'~'~; -,"".
T>'_'~--"""~T'!;:'''''''~~:"ir'~' -__.'
.;'~' ''''''f:Iitt''4~..r'< '
..
.
, 1
Consultants, Inc.
Professional Placement Services
8 - S -99
City of Winter Springs
1-126. EastSA.4;J4
Winter Springs, FI 32708
MJ!. Ronald. Met.emore
City Manager
Sub:. Submittal or Vouc'-et' No-Lfor paJment
This voucher is for the consulting work performed by MDM Consultants on the
Winter Springs..J>>oIice. nepartment Building.. The.detailsoC the work.~med
Are listed as follpws:
1~ ChronologicalAfrangement and.ana.lfsis-ordocnmentation ~ the
Architect, General Contractor, Sub Contractors ,Police Department
Personnel and-City BuildingPersonnel.
2. Investigation report of findings- on tbemanner of construction and the
Problems f!n~nntf!red betweentb.e. General Contractor and.the Sub
Contractors.
3. Definition of the scope of work between the City of Winter Springs and
MDM Cons~ltants.
4. Letters of notification to The General Contractor and Sub Contractors for
meetings on ~ August 1999.
5. Water tests on the windows and building inspections on the WSPD building.
6. Meetings and building inspection with Architect (ADG).
Number of hours worked
~ 50 x $ 501 Hr. = $ 2500
Grand total to pay voucher No.1
M ___________________
~ $2500
City Manager
MDM Consultants
1033 E. Semman Blvd.. Suite 221 . Casselberry. FL 32707 . 407.260-9050 . Fax 407-260-8150
e-mail: mdm@magicnet.net