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2014-28453 Reso RESOLUTION NO. 2014-28453 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. -15, TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN MOORE &ASSOCIATES, INC. (CMA), DATED SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT; IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $145,174, TO PROVIDE EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE SERVICES TO PROJECT COMPLETION FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENTS BID PACK 9A; WITH PREVIOUSLY APPROPRIATED FUNDING FROM THE CITY CENTER RDA FUND 365. WHEREAS, pursuant to Request for Qualifications (RFQ) No. 68-02/03, the Mayor and City Commission adopted Resolution No. 2004-25678, on September 8, 2004, approving and authorizing the Mayor and City Clerk to execute an Agreement with Chen Moore & Associates (formerly Chen and.Associates, Inc.) (Consultant), in a not-to-exceed amount of $2,144,773, for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way(ROW) Neighborhood Improvement Project(the Project); and WHEREAS, the Project includes improvements to the stormwater system, water system, roadways, streetscape, landscaping, traffic calming, pedestrian lighting, and linkages within the public right-of-ways; and WHEREAS, the Project limits are bounded by 16th Street to the South; Dade Boulevard to the North; and from Alton Road on the West, to Collins Avenue on the East; and WHEREAS, on February 8, 2006, the City Commission adopted Resolution No. 2006- 26126, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed $347,925, to include the design of streetscape improvements on Meridian Avenue, from 17th to 18th Street, and miscellaneous water and wastewater main improvements; and WHEREAS, on December 6, 2006, the City Commission adopted Resolution No. 2006- 26388, approving Amendment No. 2 to the Agreement, in an amount not-to-exceed $88,081, to include the design of streetscape improvements on 21St Street, between Park and Collins Avenues; and Construction Administration and Resident Project Representative (RPR) services for Lincoln Road, between Collins and Washington Avenues; and WHEREAS, on April 24, 2007, the Capital Improvement Projects (CIP) Office executed Amendment No. 3 to the Agreement, for a not-to-exceed amount of $16,973, for the design of bike lanes/routes within the Project; and WHEREAS, on September 5, 2007, the Capital Improvement Projects (CIP) Office executed Amendment No. 4, in an amount not-to-exceed $24,923, for the additional planning services for the proposed improvements along the Lincoln Road corridor, between Washington and Collins Avenues (Bid Package 9C); and WHEREAS, on May 5, 2008, the Capital Improvement Projects (CIP) Office executed Amendment No. 5 to the Agreement, for a not-to exceed amount of$23,935, for design revisions to the Bid Package 913, City Center Commercial District Right-of-Way Neighborhood Improvement Project, necessitated by the Miami-Dade County Public Works Department Traffic Division; and WHEREAS, on November 14, 2008, the Capital Improvement Projects (CIP) Office executed Amendment No. 6 to the Agreement, for a not-to exceed amount of $23,766, for design revisions to Lincoln Lane North, between Pennsylvania and Washington Avenue, adjacent to the New World Symphony project; and WHEREAS, on September 9, 2009, the City Commission adopted Resolution No. 2009- 27159, approving Amendment No. 7 to the Agreement, in the amount of $580,424, for Resident Project Representative (RPR) services for Bid Packages 9A and 9B, during construction of the Project; and WHEREAS, on May 19, 2010, the Capital Improvement Projects (CIP) Office executed Amendment No. 8 to the Agreement, for a not-to-exceed amount of $21,078, for design revisions necessary for the re-design of 17th Street, Pennsylvania Avenue, and Lincoln Lane North, adjacent to the New World Symphony project, and WHEREAS, on February 14, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 9 to the Agreement, for a not-to-exceed amount of$11,235, to provide revisions to electrical drawings indicating service access points from Sound Space Park, and additional services for preparation of a stormwater model to be used to establish existing conditions and determine future stormwater design and collection on Lincoln Road; and WHEREAS, on August 8, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 10 to the Agreement, for a not-to-exceed amount of $25,000, for additional professional services necessary for Resident Project Representative (RPR) and supplemental construction administration services for Lincoln Road, between Washington Avenue and Collins Avenue, Neighborhood No. 9C, City Center Right of Way Neighborhood Improvement Project; and WHEREAS, on September 28, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 11 to the Agreement, for the not-to-exceed amount of $6,181, for additional professional services required to revise the design plans to reflect a wider pedestrian crossing at 17th Street and Drexel Avenue and roadway geometry changes at the intersections of 17th Street and Pennsylvania Avenue; and 17th Street and Convention Center Drive, resulting from the proposed pedestrian signalization additions on 17th Street between Convention Center Drive and Washington Avenue; and WHEREAS, on February 8, 2012, the City Commission adopted Resolution No. 2012- 27834, approving Amendment No. 12 for a not-to-exceed amount of $152,155, to provide extended Construction Administration and Resident Project Representative Services (RPR) for delays caused by M. Vila's failure to properly and timely perform its work and for additional remedial work necessary due to M. Vila's contract termination; and WHEREAS, on March 13, 2013, the City Commission adopted Resolution No. 2013- 28161 approving Amendment No. 13 to the Agreement, in an amount not-to-exceed $147,044; for extended Construction Administration and Resident Project Representative Services (RPR) during construction of the project as a result of delays to the project; and WHEREAS, on June 20, 2013, the Capital Improvement Projects (CIP) Office executed Amendment No. 14 to the Agreement, for the not-to-exceed amount of $24,640, for additional professional services required due to extensions of time required as a result of the Contractor's default on the City Center 9C Project; and WHEREAS, the Consultant has submitted a proposal for extended Construction Administration and Resident Project Representative Services (RPR) during construction of the City Center 9A project; and WHEREAS, the total additional fee requested by the Consultant for the additional work is $145,174; and i WHEREAS, the Capital Improvement Projects Office has evaluated the Consultant's cost proposal and found the fees to be fair and reasonable; and WHEREAS, this Amendment No. 15 to the Agreement, in the total amount of $145,174, will revise the total contract sum to a not-to-exceed total of$3,783,307. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Mayor and City Clerk to execute Amendment No. 15 to the Professional Services Agreement between the City and Chen Moore & Associates, Inc., dated September 8, 2004 for the City Center Right of Way Neighborhood Improvement Project; said Amendment in the negotiated not- to-exceed amount of $145,174, to provide extended construction administration and resident project representative services to project completion; with previously appropriated funding from the City Center RDA Fund 365. PASSED AND ADOPTED THIS �s'�'` DAY OF 741VAe 2014. ATTEST: CITY LERK '� a *'.INCORP ORATED: CV126�,. APPROVED AS TO FORM&LANGUAGE FOR , CUTION r yEff orn (` Date aO/y-a SPI/S-3 Exhibit B AMENDMENT No. 15 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CHEN MOORE &ASSOCIATES, INC. DATED SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT OF WAY IMPROVEMENT PROJECT, IN AN AMOUNT NOT-TO-EXCEED $145,174; FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE SERVICES FOR THE CITY CENTER NEIGHBORHOOD NO. 9A. This Amendment No. 15 to the Agreement, made and entered thisZ$day of Jaw 2014, by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing under1fie laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and CHEN MOORE AND ASSOCIATES, INC, a Florida Corporation, having its offices at 500 W. Cypress Creek Road, Suite 410, Fort Lauderdale, Florida 33309 (hereinafter referred to as the Consultant). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 68-02/03, the Mayor and City Commission adopted Resolution No. 2004-25678, on September 8, 2004, approving and authorizing the Mayor and City Clerk to execute an Agreement with Chen Moore & Associates (formerly Chen and Associates, Inc.) (Consultant), in a not-to-exceed amount of $2,144,773, for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way(ROW) Neighborhood Improvement Project(the Project); and WHEREAS, the Project includes improvements to the stormwater system, water system, roadways, streetscape, landscaping, traffic calming, pedestrian lighting, and linkages within the public right-of-ways; and WHEREAS, the Project limits are bounded by 16th Street to the South; Dade Boulevard to the North; and from Alton Road on the West, to Collins Avenue on the East; and WHEREAS, on February 8, 2006, the City Commission adopted Resolution No. 2006- 26126, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed $347,925, to include the design of streetscape improvements on Meridian Avenue, from 17th to 18th Street, and miscellaneous water and wastewater main improvements; and WHEREAS, on December 6, 2006, the City Commission adopted Resolution No. 2006- 26388, approving Amendment No. 2 to the Agreement, in an amount not-to-exceed $88,081, to include the design of streetscape improvements on 21St Street, between Park and Collins Avenues; and Construction Administration and Resident Project Representative (RPR) services for Lincoln Road, between Collins and Washington Avenues; and WHEREAS, on April 24, 2007, the Capital Improvement Projects (CIP) Office executed Amendment No. 3 to the Agreement, for a not-to-exceed amount of $16,973, for the design of bike lanes/routes within the Project; and WHEREAS, on September 5, 2007, the Capital Improvement Projects(CIP)Office executed Amendment No. 4, in an amount not-to-exceed $24,923, for the additional planning services for the proposed improvements along the Lincoln Road corridor, between Washington and Collins Avenues (Bid Package 9C); and WHEREAS, on May 5, 2008, the Capital Improvement Projects (CIP) Office executed Amendment No. 5 to the Agreement, for a not-to exceed amount of$23,935, for design revisions to the Bid Package 913, City Center Commercial District Right-of-Way Neighborhood Improvement Project, necessitated by the Miami-Dade County Public Works Department Traffic Division; and WHEREAS, on November 14, 2008, the Capital Improvement Projects (CIP) Office executed Amendment No. 6 to the Agreement, for a not-to exceed amount of$23,766, for design revisions to Lincoln Lane North, between Pennsylvania and Washington Avenue, adjacent to the New World Symphony project; and WHEREAS, on September 9, 2009, the City Commission adopted Resolution No. 2009- 27159, approving Amendment No. 7 to the Agreement, in the amount of $580,424, for Resident Project Representative (RPR) services for Bid Packages 9A and 9B, during construction of the Project; and WHEREAS, on May 19, 2010, the Capital Improvement Projects (CIP) Office executed Amendment No. 8 to the Agreement, for a not-to-exceed amount of$21,078, for design revisions necessary for the re-design of 17th Street, Pennsylvania Avenue, and Lincoln Lane North, adjacent to the New World Symphony project, and WHEREAS, on February 14, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 9 to the Agreement, for a not-to-exceed amount of$11,235, to provide revisions to electrical drawings indicating service access points from Sound Space Park, and additional services for preparation of a stormwater model to be used to establish existing conditions and determine future stormwater design and collection on Lincoln Road; and WHEREAS, on August 8, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 10 to the Agreement, for a not-to-exceed amount of $25,000, for additional professional services necessary for Resident Project Representative (RPR) and supplemental construction administration services for Lincoln Road, between Washington Avenue and Collins Avenue, Neighborhood No. 9C, City Center Right of Way Neighborhood Improvement Project; and WHEREAS, on September 28, 2011, the Capital Improvement Projects (CIP) Office executed Amendment No. 11 to the Agreement, for the not-to-exceed amount of $6,181, for additional professional services required to revise the design plans to reflect a wider pedestrian crossing at 17th Street and Drexel Avenue and roadway geometry changes at the intersections of 17th Street and Pennsylvania Avenue; and 17th Street and Convention Center Drive, resulting from the proposed pedestrian signalization additions on 17th Street between Convention Center Drive and Washington Avenue; and WHEREAS, on February 8, 2012, the City Commission adopted Resolution No. 2012- 27834, approving Amendment No. 12 for a not-to-exceed amount of $152,155, to provide extended Construction Administration and Resident Project Representative Services (RPR) for delays caused by M. Vila's failure to properly and timely perform its work and for additional remedial work necessary due to M. Vila's contract termination; and WHEREAS, on March 13, 2013, the City Commission adopted Resolution No. 2013-- 28161 approving Amendment No. 13 to the Agreement, in an amount not-to-exceed $147,044; for extended Construction Administration and Resident Project Representative Services (RPR) during construction of the project as a result of delays to the project; and WHEREAS, on June 20, 2013, the Capital Improvement Projects (CIP) Office executed Amendment No. 14 to the Agreement, for the not-to-exceed amount of $24,640, for additional professional services required due to extensions of time required as a result of the Contractor's default on the City Center 9C Project; and WHEREAS, the Consultant has submitted a proposal for extended Construction Administration and Resident Project Representative Services (RPR) during construction of the City Center 9A project; and WHEREAS, the total additional fee requested by the Consultant for the additional work is $145,174; and WHEREAS, the Capital Improvement Projects Office has evaluated the Consultant's cost proposal and find that it is fair and reasonable; and WHEREAS, this Amendment No. 15 to the Agreement, will revise the total contract sum to a not-to-exceed total of$3,783,307. NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 15. 2. MODIFICATIONS The Agreement is amended to include and incorporate the additional work, as set forth in Attachment A-15 and Schedule B, attached hereto. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 15. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 15 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BE ORIDA /X /7 Z t/"" t Rafael Granado, City lerk Philip Lev' or 1 ATTEST, CO LTANT CHEN MOO D ASSOCIATES, INC. . Genf S tary President � Q 4 Print Name Print Name APPROVED AS TO FORM & LANGUAGE &.F EXECUTION Li;ty A rney Date SCHEDULE "A-15" SCOPE OF SERVICES Task 5.8.1.5 — Resident Proiect Representative Services and Construction Services BP9A: CONSULTANT shall provide qualified, resident project representative to provide a quantity and quality of observation as required to reasonably verify that critical elements of the construction project are being complied with, and that the general_intent of the contract documents is being met. In this effort, CONSULTANT's level of effort shall be based upon 1,823 hours of field representation and project support. Should this level of effort be exceeded or decreased, an equitable adjustment shall be made accordingly. The CONSULTANT's field staff shall be on-site at all times when the Contractor is on the job, as practicable. In addition, the CONSULTANT's level of effort is based upon the assumption that the resident project representative shall monitor all Contractor work crews as specified by the CONSULTANT in the contract document construction sequencing requirements. CONSULTANT shall attend construction meetings with the Contractor(s), and applicable CITY representatives for the duration of the construction as necessary. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals, and contract document clarifications and interpretations. These meetings shall also serve as a forum for discussion of construction issues,potential changes/conflicts and any other applicable matters. In general, the CONSULTANT's resident project representative shall observe the construction of the work and; (a) CONSULTANT shall conduct on-site observations of the work in progress to determine if the contract documents and permit requirements are being complied with and to protect the CITY, through the CIP PROJECT COORDINATOR, against Contractor work defects and deficiencies. CONSULTANT shall advise the CITY, through the CIP PROJECT COORDINATOR, in writing, whenever work is determined to not conform to the contract documents. The CONSULTANT's observer shall attend all scheduled meetings with the Contractor. (b) Maintain a daily log of work performed. The daily notes shall include records of when the Contractor is on the job-site, weather conditions, change orders, or changed conditions, list of job site visitors, daily drilling and testing activities, observations in general, and specific observations in more detail as in the case of observing test procedures. Record, in writing, the outcome of these inspections. CONSULTANT shall identify any utilities damaged and verify that the Contractor(s) has notified the respective utility owner. (c) Verify that tests, equipment and systems start-up are conducted in the presence of appropriate personnel and that the Contractor maintains adequate records thereof, and observe, record,and report appropriate details relative to the test procedures and start- up. (d) Provide a photographic record of the construction, beginning with pre-construction documentation and completing with post-construction photographs. Photographs shall be digital snapshot type taken to define the progress of the project and shall indicate date, location, view and electronically filed by month by the CONSULTANT. (e) Review materials and workmanship of the project and report to CITY, through the CIP PROJECT COORDINATOR, any deviations from the Contract Documents that may come to the CONSULTANT's attention. Determine the acceptability of the work and materials and make recommendations to CITY, through the CIP PROJECT COORDINATOR, to reject items not meeting the requirements of the contract documents. (f) Check Contractor(s) material certifications and samples, verifying that delivered materials match approved shop drawings. (g) Field observe critical points in the construction process. (h) Direct and supervise the sampling and testing of materials to be performed by independent testing laboratories under subcontract to the CITY. This task includes the receipt, review and processing of invoices from the independent testing laboratories for payment by the CITY. (i) Monitor that record drawing mark-ups are properly maintained by the Contractor, including progressive record drawings and as-builts. (j) The CONSULTANT's resident project representative shall coordinate with its office staff as necessary to resolve / address all Requests for Information / Contract Document Clarifications/Field Orders, Change Orders and other such project related correspondence as may be forwarded by the Contractor, through the CIP PROJECT COORDINATOR (k) Attend construction meetings as scheduled. (1) Attend additional meetings with contractor(s) completing work on the project as necessary. (m)CONSULTANT shall review, verify and sign off on all pay requisitions. CONSULANTS level of effort includes reviewing Six (6) JOC pay requisitions. In this effort the CONSULTANT shall advise the CIP PROJECT COORDINATOR of percentage complete being recommended for concurrence. If Contractor's work schedule requires RPR to visit the site outside of normal work schedule, CONSULTANT will be entitled to an equitable adjustment accordingly, based on the hourly rates set in Schedule B. Upon receiving notice from the Contractor(s) advising the CONSULTANT that the project is substantially complete, CONSULTANT, in conjunction with appropriate CITY staff, shall schedule and conduct an overview of the project for Bid Package 9A. The overview shall include CONSULTANT'S development of a "punch list" of items needing completion or correction prior to consideration of final acceptance. The list shall be forwarded to the Contractor(s). For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the project where the project can be utilized for the purposes for which it was intended, and where minor items may not be fully completed, but all items that affect the operational integrity and function of the project are capable of continuous use. Substantial Completion criteria shall be as specified by the CONSULTANT in its contract documents, and shall also address the startup of warranties accordingly. Upon notification from Contractor(s) that all remaining "punch list" items have been resolved, the CONSULTANT, in conjunction with appropriate CITY staff, shall perform a final review of the finished project(s). Based on successful completion of all outstanding work items by the Contractor(s), the CONSULTANT shall assist CITY in closing out the construction contract. This shall include, but not be limited to, providing recommendations concerning acceptance of the project and preparing/collecting necessary documentation, including but not limited to, lien waivers, Contractor's final affidavit, close-out change orders, consent of surety to final payment, processing of final payment application, and review of items pertaining to on-going litigation with respect to contractual requirements. Deliverables: -Provide resident project representation on the project. -Prepare Daily Construction Observation Forms. -Review invoices for independent testing laboratories. -Provide photographic records. -Prepare responses for RFI's and prepare Field Orders. -Conduct reviews and responses to Change Orders. -Prepare response for dispute resolutions. - Conduct reviews and recommendation for claims. -Attend construction meetings as scheduled. - Attend additional meetings with Contractor(s) completing work on the project as necessary -Review and recommend payment for monthly contractor pay requests. -Receive Contractor(s) substantial completion notification. -Coordinate and attend field meetings to review Substantial Completion. -Prepare and verify that punch lists are completed. - Certify project completion to appropriate agencies. Schedule - Ongoing throughout Project. H.•IPROPOSALS120131P13.099 Miami BeachlCity Center 9AICOA-Scope ojService Amendment 15_130812 rev 20131123.docx I \ - Q �0 -- -J— - � 00 j : ul .� .� . o |° LU » --- - }--- §ƒ § ) �° : . ---- ƒ-�j- .§ cz CL .�0 q� . I= F- q U3 2 : UJ 0 0 to uw w LO u w 0� �kw j(D 0z« U)I owooCS E ■wig s ; as Z moo : LL L) $ w §� CL■ : U - -- - w§�2 /� LL§ �z LLI I-- �} \0 . -- z � � ) ^§ CL w \§ § / E § § co. % 2 QE f : © . u % : a_ § k 42 G% i ; wa : . k 0 W 7 ` < & \0. \0 § k7 \ � : ad : : COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and the City Commission of the City of Miami Beach, Florida, approving and authorizing the Mayor and the City Clerk to execute Amendment No. 15, to the existing Professional Services Agreement between the City of Miami Beach and Chen Moore & Associates, Inc. (CMA), dated September 8, 2004 for the City Center Right-of-Way Neighborhood Improvement Project in the negotiated, not to exceed amount of$145,174, to provide extended Construction Administration and Resident Project Representative Services to project completion for the City Center Right-of-Way Neighborhood Improvements Bid Pack 9A; with previously appropriated fundin from the City Center RDA Fund 365. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects Supporting Data(Surveys, Environmental Scan, etc.): Supporting Data(Surveys, Environmental Scan,etc.): The 2012 Customer Satisfaction Survey indicated that 81% of businesses rated completed capital improvement projects as"excellent" or"good." Item Summa /Recommendation: On September 8, 2004, the Mayor and City Commission adopted Resolution No. 2004-25678, approving and authorizing the Mayor and City Clerk to execute an Agreement with the firm of Chen Moore & Associates, Inc. (formally Chen & Associates), (CMA), to provide professional services for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way Neighborhood Improvement Project (the Project). The original contract provided only limited Project Closeout Services and no Resident Project Representative Services. On October 24, 2011, after the City performed its due diligence, M. Vila was terminated for cause from the City Center 9A project due to failure to comply with notices of default associated with repeated non- compliance issues, delays, and other contract violations. Refer to Letter to Commission (LTC#290-2011) dated November 14, 2011. The City is currently in litigation with M. Vila,. who has claimed wrongful termination. The City has filed a counterclaim against M. Vila to recover its associated damages caused by M. Vila's failure to properly and timely perform its work on the project. Due to the termination of M. Vila, the City elected to contract with Metro Express, Inc. (MEI) and Envirowaste Services Group, Inc. (ENV), each under separate job order contracts (JOC) to make repairs resulting from M. Vila's work and to complete the remaining portions of the project. Due to the delays resulting from the need to correct defective underground work performed by M. Vila and the completion of the remaining scope of work, the Consultant was required to perform additional extended construction administration and RPR services for a time period beyond the last Amendment provided to CMA. The additional cost to bring the Consultant services to a current status and extend them to the final completion and close-out of the project is $145,174. City staff has reviewed the consultant's proposal and found the fees to be fair& reasonable. The Administration recommends approval of the resolution. Advisory Board Recommendation: N/A Financial Information: Financial Amount Account Information: 1 $145,174 365-2616-061357 City Center Bid Pack A Funds: OBPI 2 Total $145,174 Financial Impact Summary: City Clerk's Office Legislative Tracking: David Martinez,W.6972 Sign-Offs: Depart t i ector I Asst Ci n r City Manage DM MTEU JLM TMGEND 2 1 \ anuary\CCM-Chen Amendment\City Cen -Chen Amend.No. 15 SUMM.docx Us AGENDA ITEM AAIAMIBEACH SATE � MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City C mmission FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APP VING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE MENDMENT NO. 159 TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CHEN MOORE & ASSOCIATES, INC. (CMA), DATED SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT; IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $145,174, TO PROVIDE EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE SERVICES TO PROJECT COMPLETION FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENTS BID PACK 9A PROJECT; WITH PREVIOUSLY APPROPRIATED FUNDING FROM THE CITY CENTER RDA FUND 365. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funding for this Amendment has been previously appropriated in the City Center Bid Package A from the City Center RDA fund 365 in the amount of$145,174, account# 365-2616-061357. BACKGROUND— DESIGN On September 8, 2004, the Mayor and City Commission adopted Resolution No. 2004-25678, approving and authorizing the Mayor and City Clerk to execute an Agreement with the firm of Chen Moore & Associates, Inc. (CMA), (formerly Chen & Associates), (Consultant), to provide professional services for the planning, design, bid and award, and construction administration phases of the City Center Right-of-Way Neighborhood Improvement Project (the Project). The original contract provided only limited Project Closeout Services and no Resident Project Representative (RPR) Services. Although the Project originally consisted of Construction of Bid Packages 9A and 9B, the project was subsequently divided into three (3) separate Bid Packages. Bid Package 9A: the residential area bounded by Lincoln Road to the south, Washington Avenue to the west, 21St Street to the north, and Collins Avenue to the east. Bid Package 9B, the commercial area bounded by 16th Street to the south, 17th Street to the north, Alton Road to the west, Washington Avenue to the east, including Meridian Avenue to 19th Street west to Convention Center Drive, and Convention Center Drive to Dade Boulevard. Bid Package 9C: within the commercial area on Lincoln Road from Washington Avenue to Collins Avenue. BACKGROUND - CONSTRUCTION On April 22, 2009, the City Commission approved the award of a construction contract to M. Vila & Associates, Inc. (M. Vila) in the amount of $7,589,825 for the construction of the Commission Memorandum City Center ROW Chen Amendment 15 January 15, 2014 Page 2 of 3 Infrastructure Improvement Project/ City Center Historic District Bid Package 9A. CONTRACTOR TERMINATION — M. VILA& ASSOCIATES, INC. On October 24, 2011, after the City performed its due diligence, M. Vila was terminated for cause from the City Center 9A project due to failure to comply with notices of default associated with repeated non-compliance issues, delays, and other contract violations. Refer to Letter to Commission (LTC #290-2011) dated November 14, 2011 (Exhibit A). The City is currently in litigation with M. Vila, who has claimed wrongful termination. The City has filed a counterclaim against M. Vila to recover its associated damages caused by M. Vila's failure to properly and timely perform its work on the project. METRO EXPRESS AND ENVIROWASTE Due to the termination of M. Vila, the City elected to contract with Metro Express, Inc. (MEI) and Envirowaste Services Group, Inc. (ENV), each under separate job order contracts (JOC) to make repairs resulting from M. Vila's work and to complete the remaining portions of the project. MEI and ENV were willing to assume the responsibility of completing the job which had been left with a significant amount of problems requiring correction, such as incomplete and defective water main and fire line connections, incomplete sidewalk, crosswalks and significant roadway repair. In addition, landscaping, irrigation and lighting had not been completed and the condition of the majority of the completed underground drainage was not fully known. The scope of the work also included drainage work and completion of water main work on 201h Street. SUMMARY Due to the delays resulting from the need to correct defective underground work performed by M. Vila and the completion of the remaining scope of work, the Consultant was required to perform additional extended construction administration and RPR services for a time period beyond the last Amendment provided to CMA. The additional cost to bring the Consultant services to a current status and extend them to the final completion and close-out of the project, is as follows: Summary of Additional Cost: RPR and Construction Administration Services from June 2013 to November 2013 $ 106,638 Construction Administration Services for Close-Out and ongoing litigation 38,536 Total Cost $ 145,174 Construction Administration Services are required for the review of pay applications, change orders and closeout of the project for the extended time beyond the previous anticipated final completion date of May 30, 2013. These services are critical to properly document the deficiencies and corrections required to complete the project. Additional professional services may need to be provided by Consultant associated with the on-going litigation. City staff has reviewed the consultant's proposal and found the fees to be fair& reasonable. The professional services agreement was originally approved in the amount of $2,144,773. Amendments 1 through 14 in the amount of $1,493,360, and this Amendment No. 15 (Exhibit B) in the amount of$145,174, will bring the total contract amount to $3,783,307. Commission Memorandum City Center ROW Chen Amendment 15 January 15, 2014 Page 3 of 3 CONCLUSION The Administration recommends the execution of Amendment No. 15, in the negotiated, not to exceed amount of $145,174 to the Professional Services Agreement between the City of Miami Beach and Chen Moore & Associates, Inc., dated September 8, 2004, to provide extended Construction Administration and Resident Project Representative Services to project completion for the City Center Neighborhood Improvement Right-of-Way Project Bid Package 9A project; with previously appropriated funding from the City Center RDA Fund 365. Exhibit A— LTC#290-2011 Exhibit B—Amendment No. 15 JLM/JMT/DM/OS F:\T_Drive\AGENDA\2014\January\CC9A-Chen Amendment\City Center 9A ROW-Chen Amend. No 15 MEMO.docx Exhibit A M I AMI BEACH, 77� OFFICE OF THE CITY MANAGER LETTER.TO C � IO I; O i LTC# 290-2011 ! CITY CLERK'S OFF IC[ To; Mayor Matti Herrera Bower and Members of-the City Commission r FROM: Jorge M. Gonzalez, City-'Manager DATE: November 14, 2011 SUBJECT: . City Center 9A New Contractor Commences-Construction Activities The purpose of this Letter to Commission (LTC) is to inform you that the Office of Capital Improvement Projects recently terminated M. Vila and Associates, Inc., for cause and hired Metro Express, Inc. to complete the :scope of.'Work originally intended the City'Center 9A Neighborhood. The-sequence of events as it pertains-:to contractor termination and replacement occurred gas follows: ` • October 24, 2011 — M. Vila and Associates was terminated for cause and-asked to demobilize from the project limits. • October 26, 2011 — M. Vila and Associates demobilized and removed-.all equipment # from the-site,- • October 27, 2011 — Metro Express began a clean-up effort throughout the project limits. ; • October 31; 2011 - Metro Express officially mobilized to complete the City Center 9A Improvements. The scope of work to-be finished includes: - • Water Main Improvements • Drainage Improvements • Lighting Improvements • Landscaping Improvements— Roadway Improvements • Hardscape Improvements . The.immediate effort is to assist Metro Express in expediting all work concerning'the area most . used by Art Basel-James Avenue, 18,Street and 21 Street. This work consists.of pouring flags of concrete to replace flags of asphalt on sidewalks currently unfinished, completing bump outs to ensure the safe transit of pedestrians and correct lighting issues. The overall intent or push of-the project is rectification—Metro Express will focus on specific tasks and work zones in order to::4 n logistically"complete" areas, critical to the advancement of the project. All work is expected to be completed by Spring 201.2. The public involvement process of the project was maintained while the contractor was being, terminated. The Public Information Officer(PIO)that was hired by M. Vila'and Associates was retained by Metro Express, Inc. so that impacted stakeholders continue to receive project updates and alerts from the same source. Additionally, the City is coordinating a Construction Letter to Commission-New Contractor Commences Construction Activities November 14,2011 Page 2 of 2 Update Meeting in order to.present Metro Express, Inc. as the new contractor, explain what scope of work'has to be finalized, and provide a schedule update. If you_hn'aye.any additional questions, please feel free to contact me. 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