2014-28647 Reso RESOLUTION NO. 2014-28647
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI REACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 8 TO
THE PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH
AMERICA, INC., DATED MAY 91 2011, FOR EXTENDED
CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT
REPRESENTATIVE SERVICES, FOR THE SOUTH POINTE PARK PIER
PROJECT, IN THE NOT TO EXCEED AMOUNT OF $45,989, WITH
PREVIOUSLY APPROPRIATED FUNDING FROM FUND 388, MDC CDT
INTERLOCAL-CDT/RESORT TAX.
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 04-10/11, the Mayor
and City Commission adopted Resolution No. 2011-27628 on April 13, 2011, approving and
authorizing the Mayor and City Clerk to execute a Professional Services Agreement
(Agreement) with Atkins North America, Inc. for Professional Services for the South Pointe
Park Pier Project (Project); and
WHEREAS, the Agreement provides for the design, bid, award and construction
administration services for the Project, in the not-to-exceed amount of$369,000; and
WHEREAS, on February 9, 2012, Amendment No. 1 to the Agreement was
executed, approving additional services required pursuant to the USACOE permit RAI
process related to a new coral recipient site in Government Cut, in the not-to-exceed amount
of$12,950; and
WHEREAS, on July 1, 2012, Amendment No. 2 to the Agreement was executed,
approving additional bidding and award services required under a Construction Management
at Risk method of procurement, in the not-to-exceed amount of$11,974; and
WHEREAS, Amendment No. 3 to the Agreement is pending approval for additional
coordination in the FDEP — CCCL permit RAI process, in the not-to-exceed amount of
$15,120; and
WHEREAS, on January 16, 2013, pursuant to Resolution 2013-28106, Amendment
No. 4 to the Agreement was approved for an amount of $300,852, as supplemental
Construction Administration services for an on-site representative, to monitor the
construction and environmental permitting requirements for a period of twelve (12) months;
and
WHEREAS, on June 28, 2013, Amendment No. 5 to the Agreement was executed
approving material and laboratory testing services, in the not-to-exceed amount of $9,032;
and
WHEREAS, on February 24, 2014, pursuant to Resolution 2014-28464, Amendment
No. 6 to the Agreement was executed to provide extended Construction Administration and
Resident Project Representative services, in the not-to-exceed amount of $81,000, for a
period of 3 (three) months; and
WHEREAS, on March 10, 2014, Amendment No. 7 to the Agreement, in the not-to-
exceed amount of$4,008.36, was executed to provide additional material testing; and
WHEREAS, the Administration has determined that additional services for the Project
are warranted. The completion of the project has been delayed by approximately 75 days, at
no fault of the Consultant. On May 22, 2014, the Construction Manager at Risk was issued a
Notice-Of-Default identifying Project delays and the failure to achieve substantial completion
as per the approved Project schedule; and
WHEREAS, the total value of the revised agreement, including Amendment No. 8, is
$834,805.36.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the
City of Miami Beach, Florida, hereby authorize the Mayor and City Clerk to execute
Amendment No. 8 to the Professional Services Agreement with Atkins North America, dated
May 9, 2011, attached here to and incorporated by reference herein, for extended
Construction Administration and Resident Project Representative services, for a period of up
to three (3) months, for the South Pointe Park Pier Project, for a total negotiated not-to-
exceed amount of $45,989; with previously appropriated funding from Fund 388, MDC CDT
Interlocal-CDT/Resort Tax.
�
PASSED AND ADOPTED THIS o& DAY OF JW/fA;-- 2014.
ATTEST:
Rafael E. Granado, City Clerk Philip Le ne or
N.
� � •'•` APPROVED AS TO
FORM & LANGUAGE
�
�ORr ORATED' & FOR XECUTION
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Date
City City Attorney
T:\AGENDA\2014\July\Atkins\South Point Park-Atkins Amendment 8 RESO(2).doc
AMENDMENT NO. 8
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
ATKINS NORTH AMERICA, INC.,
DATED May 9, 2011
FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT
REPRESENTATIVE (RPR) SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $45,989
This Amendment to the Agreement made and entered this 21 day of J�� , 2014, by and
between the City of Miami Beach, a Municipal Corporation existing under th aws of the State of
Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida 33139,and Atkins North America, Inc.,a Florida Corporation having its
principal office at 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida, 33607(hereinafter
referred to as CONSULTANT).
RECITALS
WHEREAS, pursuant to Request for Qualifications(RFQ)No. 04-10/11,the Mayor and City
Commission adopted Resolution No. 2011-27628 on April 13, 2011, approving and authorizing the
Mayor and City Clerk to execute a Professional Services Agreement with Atkins North America, Inc.,
(CONSULTANT)for Professional Services for the South Pointe Pier Project(PROJECT); and
WHEREAS, the Agreement provides for the design, bid, award and construction
administration services for the South Pointe Pier Project in the not-to-exceed amount of$369,000;
and
WHEREAS, on February 9, 2012, Amendment No. 1 to the Agreement was executed
approving additional services required pursuant to the USACOE permit RAI process related to a new
coral recipient site in Government Cut, in the not-to-exceed amount of$12,950; and
r
WHEREAS, on July 1, 2012, Amendment No. 2 to the Agreement was executed to provide
de
additional bidding and award services required under a Construction Management at Risk method of
procurement in the not-to-exceed amount of$11,974; and
WHEREAS, Amendment No. 3 to the Agreement shall be executed to provide additional
coordination in the FDEP—CCCL permit RAI process in the not-to-exceed amount of$15,120; and
WHEREAS, on January 16, 2013,the Mayor and City Commission adopted Resolution No.
2013-28106 approving Amendment No. 4 to the Agreement to provide supplemental Construction
Administration services in the not-to-exceed amount of$300,852; and
WHEREAS,on June 28,2013,Amendment No. 5 to the Agreement was executed to provide
material and laboratory testing services in the not-to-exceed amount of$9,032; and
WHEREAS,on February 24,2014, pursuant to Resolution 2014-28464,Amendment No.6 to
the Agreement was executed to provide extended Construction Administration and Resident Project
Representative services in the not-to-exceed amount of$81,000 for a period of 3 (three) months;
and
WHEREAS, on March 10, 2014, Amendment No. 7 to the Agreement in the not-to-exceed
amount of$4,008.36 was executed to provide additional material testing; and
WHEREAS, this Amendment No. 8 to the Agreement was executed to provide extended
Construction Administration and Resident Project Representative services in the not-to-exceed
amount of$45,989 for a period of three (3) months; and
WHEREAS, the total revised agreement including Amendment No. 8 is $834,805.36.
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, correct and are incorporated as part of this Amendment No. 8.
2. MODIFICATIONS
The Agreement is amended to include "Exhibit A-8", which is attached and incorporated
herein.
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. 8.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 8 above.
ATTEST: CITY OF MIAMI BEACH
1� By
Ci Clerk � May
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ATTEST: '` '•• ;�°�a,:iaN� CONSUL ANT:
�. ��,��'._:,�� _° � Po, P°• �' ATKINS NORTH AMERICA, INC.,
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TITLE:µ r ` ° .,�;L®a►o�.°° yTl LE: Q,rl Oar V t C?, PV6%C1 e.vlk
Rene de los Rios ao �
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Assistant Secretary �� �• 'BiAm S,
Print Name Print Name
ATTACHMENT A: Exhibit A-8 — including Schedule A- Scope of
Servi P &e g bIe A J-1onsultant's
Compensation and Schedule C— Hourly Billing Rates O
FORM &LANGUAGE
&FOR EXECUTION
k
City Attomey Date
ATKINS
EXHIBIT A-8
SCHEDULE A
TO THE PROFESSIONAL SERVICE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC.
SCOPE OF SERVICES
Extended Construction Administration Services for the South Pointe Park Pier Project:
As extended services to the TASK 4 - CONSTRUCTION ADMINISTRATION SERVICES, Atkins North
America, Inc. (CONSULTANT)shall perform Construction Administration Services as described herein for
an extended period of three(3)calendar months to July 31, 2014.
The extended service period will enable the CONSULTANT to perform necessary Construction
Administration and Special Inspector Services in concert the latest construction schedule which shows
the project is to be Substantially Completed on July 04, 2014.
The duration of the CONSULTANT Construction Administration and Special Inspector Services was
initially established as twelve (12) consecutive months. Amendment No.6 to the Professional Services
Agreement extended the CONSULTANT services an additional three(3) months for a total service period
of fifteen (15)consecutive months.This Amendment will extend the service period an additional three(3)
months for a CONSTRUCTION ADMINISTRATION SERVICE period of eighteen (18) consecutive
months,which coincides with the latest construction schedule.
Task 4: Extended Construction Administration Services
The CONSULTANT will provide Construction Administration Services during the extended three (3)
month service period from May 01 through July 31, 2014. The services listed below are those services
which require extension and these are described under the Professional Services Agreement, Schedule A
- Scope of Services. Other tasks not listed herein are already completed or do not need to be extended
since they have not been undertaken as yet.
Task 4.2 -Weekly Construction Progress Meetings
Task 4.3-Requests for Information/Contract Document Clarifications(RFI's and CDC's)
Task 4.4-Requests for Changes to Construction Cost and/or Schedule
Task 5: Extended Special Inspection Services:
The CONSULTANT will continue to provide the services of an on-site, full time construction
representative acting as a Special Inspector, to provide oversight of the Construction Manager at Risk's
(CONTRACTOR's) project progress and quality control programs as well as, to facilitate coordination
between the design team, the CONTRACTOR, the CITY and applicable regulatory agencies. The
CONSULTANT will continue to perform project documentation work off-site, in a construction field office
provided by the CONTRACTOR, the CITY and/or at the home office of the CONSULTANT.
The CONSULTANT will provide Special Inspector Services on a full-time basis during the extended
service period through July 15,2014, if deemed desirable and necessary by the CITY.
Page 1 of 6
Task 5.7.1 General Coordination: The CONSULTANT will communicate periodically with the CITY
and CITY's inspector related to progress on the project and any issues that are being addressed. The
CONSULTANT will report on concerns as it relates to the construction effort and activities. In addition, the
CONSULTANT shall also coordinate with the contractor's Public Information Officer where notifications
such as utility outages, road closures, etc. may be required. The CONSULTANT will monitor and verify
that the CONTRACTOR has made the required notifications to the utility owners, residents and
businesses as may be required.
Task 5.7.2 Full-Time Field Representative Inspections: The.CONSULTANT will conduct field
inspections throughout the extended service phase on a full-time basis through July 15, 2014, if deemed
desirable and necessary by the CITY.
The field representative shall be present at the construction site daily during the construction phase of the
project and will be expected to be available, as needed, throughout the CONTRACTOR's 8-hour work
day, 40-hour work week, excluding weekends and CITY holidays. The CONSULTANT may perform
project documentation work off-site, in a construction field office provided by the CONTRACTOR, the
CITY or at the home office of the CONSULTANT.
Task 5.7.3 Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite,
the CONSULTANT will check the materials certifications and samples and verify that an approved shop
drawing was submitted for the material in question. If it is determined that a submittal as not been
approved, the CONSULTANT shall immediately notify the CITY and issue a Non-Compliance Notice.The
CONSULTANT will direct and supervise the sampling and testing of materials to be performed by the
CITY's independent testing laboratory. The CONSULTANT shall maintain test report logs which shall be
submitted to the CITY for review on a monthly basis and uploaded to the CITY's E-Builder document
management system on a weekly basis. CONSULTANT shall also review invoices submitted by the
independent testing laboratories and recommend payment by the CITY.
Task 5.7.4 Issuance of Non-compliance Notices: The CONSULTANT will be responsible for notifying
the CITY when they become aware of a condition that is believed to be in non-compliance with
Construction Documents. Anytime the CONSULTANT notices a potential construction problem or a
condition that could result in non-complying materials,equipment or workmanship, the CONSULTANT will
need to determine whether the condition poses an immediate threat to public health or safety. If a
condition does not pose a threat to public health or safety, immediate verbal notification or "Pre-
Noncompliance Notice" of the potential non-compliance should be made to the CONTRACTOR and the
CITY. This verbal notice shall be documented in the CONSULTANT's daily report and shall advise the
CONTRACTOR of potential construction problems, errors, or deficiencies that can be promptly resolved
and do not warrant a Non-compliance Notice. If the CONTRACTOR fails to respond to the verbal
notification within a reasonable timeframe,the CONSULTANT will notify the CITY and the CITY's Projects
Coordinator will issue a Non-compliance Notice. If a condition poses an immediate threat to public health
or safety, the CONSULTANT will notify the CONTRACTOR and CITY immediately and the CITY's
Projects Coordinator will issue a Non-compliance Notice to the Contractor. Non-compliance Notices will
include a description of the Work that does not meet the construction contract requirements, along with a
required timetable for corrective work to be implemented by the Contractor. Other items that should be
included in the Notice include a reference to the provision of the Construction Documents that has been
violated.
Task 5.7.5 Damage to Existing Facilities: The CONSULTANT will identify any existing facilities
damaged by the CONTRACTOR and verify that the CONTRACTOR has notified the respective owner(s).
Include record of such occurrences in the daily reports.
Task 5.7.6 Schedule: CONSULTANT will review the construction schedule, monitor the progress of
construction, and ensure that Contractor's adherence to the schedule. The CONTRACTOR will be
required to submit a detailed schedule to the CONSULTANT at the pre-construction meeting. This
schedule will be reviewed and approved by the CONSULTANT and the CITY. This schedule will be
updated on a by weekly basis by the Contractor; however,the CONSULTANT will be responsible for
Page 2 of 6
I
I
reviewing the Contractor's schedule to confirm accuracy of the work activities completed. Analysis of the
CONTRACTOR schedule will_ be on the basis of planned versus actual costs for the month and
construction contract to date. CONSULTANT shall verify that the CONTRACTOR is uploading approved
schedule and schedule updates to the CITY's E-Builder document management system.
Task 5.7.7 Daily Reports: The CONSULTANT will prepare daily reports, on the same date as
construction occurs, to record the daily performance of the CONTRACTOR as well as other significant
construction related matters. Daily Reports shall be uploaded to the CITY's E-Builder document
management system by the CONSULTANT. The daily reports shall include records of when the
CONTRACTOR is on the job-site, general field observations, weather conditions, change orders,
changed conditions, list of job site visitors, daily drilling and testing activities, testing results, testing
observations, and records of the outcome of tests and inspections. At a minimum the daily reports will
contain the following information:
• Weather and general site conditions
• Contractor's work force counts by category and hours worked
• Description of work performed including location
• Equipment utilized
• Name of visitors to the jobsite and reason for the visit
• Tests made and results
• Construction difficulties encountered and remedial measures taken
• Significant delays encountered and apparent reasons why
• Description of(potential)disputes between the CONTRACTOR and CITY
• Description of(potential)disputes between the CONTRACTOR and residents
• Summary of additional directions that may have been given to the Contractor
• Detailed records of materials, equipment and labor used in connection with extra work, or where
there is reason to suspect that a claim or request for Change Order may be submitted by the
Contractor
• Summary of any substantive discussions held with the CONTRACTOR and/or CITY
• Summary of nonconforming work referenced to corresponding Non-Compliance Notice
• A log of photographs taken
• Photographic Record: CONSULTANT shall provide a photographic record of the overall progress
of construction, beginning with preconstruction documentation, following with on-going
construction documentation, and ending with post-construction documentation. Photographs shall
be digital snapshot type take to define the progress of the project and shall be filed electronically
by month in the CITY's E-Builder document management system, labeled by date, time and
location. The CONSULTANT will upload all photos to the E-Builder document management
system on a weekly basis.
Task 5.7.8 Pay Requisitions: CONSULTANT shall verify Contractor's pay requisition and sign-off on all
pay requisition quantities in the field. CONSULTANT shall be responsible for reviewing with the
CONTRACTOR the monthly payment requisition to confirm the status of completed and uncompleted
work and stored materials. The CONSULTANT shall advise the CITY of quantities being approved for
subsequent concurrence for payment purposes. Payment requisitions shall be certified by the
CONSULTANT.
Task 5.7.9 Record Drawings: CONSULTANT will monitor that record drawing mark-ups are properly
maintained by the Contractor. At a minimum, the CONSULTANT will review the record drawing mark-ups
every month, or more often, as deemed necessary. Contractor's failure to maintain the record drawings in
up-to-date condition may be deemed grounds for withholding Contractor's monthly payment requisitions
until such time as the record drawings are brought up-to-date.The CONSULTANT will notify the CITY if it
considers the mark-up documents insufficient. The CITY will make final determination of payment
withholding.
Task 5.7.10 Safety: CONSULTANTs will be expected to recognize a hazard that any reasonable non-
safety professional might be expected to recognize. In addition, those safety obligations extend only to
Page 3 of 6
recognizable hazards that the CONSULTANT may note while in the normal conduct of onsite business. If
a situation presents itself, the following procedures should be followed:
• Immediately direct personnel to remove themselves from the apparent danger,
• Notify the CONTRACTOR's superintendent of the apparent condition that caused the concern
and that the affected personnel were directed to remove themselves accordingly,
• Notify the CONTRACTOR of the situation that arises concern, both in writing and verbally,
• Issue a written Notice of Noncompliance stating that the CONTRACTOR should take immediate
action as it deems necessary to correct the deficiency/condition,
• Write a full report in the Daily Report on the condition found to be unsafe, all actions taken, and
correspondence written, including times and names,
• Take photographs of the concern,
• If the CONTRACTOR does not make corrections, the CONSULTANT should notify the CITY,
• The CONSULTANT will review the situation with the CITY for further direction,
• The condition, as well as all conversations and correspondence, will be recorded in the
CONSULTANT's Daily Report,
• In case of a construction-related accident, CONSULTANT will notify the CITY of the accident.
CONSULTANT will direct the CONTRACTOR to prepare an accident report with a copy forwarded to
the CITY.
Task 5.7.11 Quality Control: The CONSULTANT will review and monitor the Contractor's adherence to
an acceptable quality control program submitted by the CONTRACTOR prior to the issuance of the
second Notice-to-Proceed by the CITY. This program will describe the Contactor's quality control,
organizational procedures, documentation controls and processes for each phase of the work. Quality
control during construction will be the responsibility of the Contractor; however, oversight and ensuring
the CONTRACTOR complies with applicable jurisdictional construction standards will be enforced on the
CITY's behalf by the CONSULTANT.
Task 5.7.12 CONSTRUCTION MANAGER Request for Services: When the CONTRACTOR requires
services from the CITY for issues such as water service shutdowns, tie-ins to existing water mains,
electrical service interruptions and/or any special regulatory inspections, etc., a request shall be made in
writing by the CONTRACTOR, and forwarded by the CONSULTANT to the CITY, a minimum of.three(3)
working days prior to when required.
Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements whether oral or written. It is further agreed that no modification,
amendment or alteration in the terms or conditions contained herein shall be effective unless
memorialized in written document approval and executed with the same formality and of equal dignity
herewith.
COMPENSATION:
• Original Agreement: $369,000
• Amendment#1: $12,950
• Amendment#2: $11,974
• Amendment#3: N/A
• Amendment#4: $300,852
• Amendment#5: $9,032
• Amendment#6: $81,000
• Amendment#7: $4,008.36
• Amendment#8: $45,989.00
• Total Revised Agreement:$834,805.36
Page 4 of 6
ATKI S
SCHEUDLE B
CONSULTANT COMPENSATION
Task Description Payment Method Limiting Fee
Extended Construction Administration Services Lump Sum * $9,000.00
Extended on-site Special Inspector Services Hourly not-to-exceed ** $36,904.00
Reimbursable Expenses: Expenses not-to-exceed $ 85.00
Grand Total Limiting Fee not to exceed: $45,989.00
Invoicing Procedures:
*The lump sum fee shall be invoiced in three(3)equal amounts of$3,000.00 for each month of extended
Construction Administration Services in accordance with Schedule B of the Professional Service
Agreement. These services shall extend through project completion projected to be on or before July 31,
2014.
**The labor costs for the on-site Special Inspector and inspector support services will be invoiced based
on actual time expended by the CONSULTANT, times the applicable hourly billing rates per job
classification as stipulate in Schedule C - Hourly Billing Rate Schedule. Certified time sheets.shall be
submitted with each invoice. These services shall extend through July 15, 2014, if necessary, at which
time the Special Inspector services are expected to be completed, based on the latest construction
schedule.
Page 5 of 6
t
ATKI S
SCHEDULE C
HOURLY BILLING RATE SCHEDULE
Extended Construction Administration Services
Classification Hourly Billing Rate
Project Manager $198.00 per hour
Construction Engineer(Inspector) $ 100.00 per hour
Engineer El(Project Controls) $ 91.00 per hour
Note:
Rates are per the Agreement between City of Miami Beach and Atkins North America, Inc for
Professional Architecture and Engineering Services for the South Pointe Park Pier Project, Resolution
No. 2011-27628.
�I
Page 6 of 6
A TINS
SOUTH POINTE PARK PIER AMEMDMENT NO.8
EXTENDED SPECIAL INSPECTOR SERVICES TO JULY 15,2014
EXTENDED CONSTRUCTION ADMINISTRATION SERVICES TO JULY 31,2014.
MANHOUR AND BUDGET CALCULATION SHEET
1-Jun-14
Acanii
7
X"
I I d h
S!7L%LL-JSPECTOR.SERVICES;ImacobFAtecti6a I Rai
zi
16 8 14 3 19LOD $4,751
Engincer El(Project Caatmli) 48 24 71 3 91.00 $6.352
Conatraction Enjlmr(lospe"or) ids 88 156 3 10100 $15.600
Subtotal Uh--I..w Sato S—fic, .060041
"Rebba
rob IaF
Reproduction(ttiparts,pbntoq mpbs.etc.)
$81
Sohtatal Rcicoh—bl.&p.—
Wink,
South z. 14.0 vt
1.0h b
'm.ith 11-th! 36 ?look, cab;� �3
17.
PER SCUEDULE S'OFTHE A/6 AGREWLYT 3,0G0.00 $9.000
CONSULTANT AND MY AGREES TO S3.00040
PERMONT11 OF EXTENDED CA SERVICES
8U8TOTAL CA SERVICES s9j)00
GRAND TOTAL NOT to EXCEED AMOUNT $45,989
Notes
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Authorizing The Mayor And City
Clerk To Execute Amendment No. 8 To The Professional Services Agreement With Atkins North America, For
Extended Construction Administrative And Resident Project Representative Services,For The South Point Park Pier
Project; In The Not to Exceed Amount Of$45,989 With Previously Appropriated Funding From Fund 388 MDC CDT
Interlocal-CDT/Resort Tax.
Key Intended Outcome Supported:
Ensure Value and Timely Delivery of Quality Capital Projects
Supporting Data(Surveys, Environmental Scan,etc.): The 2012 Customer Satisfaction Survey indicated that
over 87%and 83%of City residents and businesses respectively, rated the appearance and maintenance of public
buildings as excellent or good;and over 81%of residents rated recently completed capital improvement projects as
excellent or good.
Issue:
Shall the Mayor and City Commission approve the issuance of the Resolution?
Item Summa /Recommendation:
On April 13,2011,the City Commission pursuant to Request for Qualifications(RFQ)No.04-10/11,adopted Resolution
No.2011-27628,approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement
with Atkins North America, Inc.(Atkins)for Professional Services for the South Pointe Pier Project.
i
On February 9, 2012, Amendment No. 1 to the Agreement was executed approving additional services required
pursuant to the USACOE permit RAI process related to a new coral recipient site in Government Cut, in the not-to-
exceed amount of$12,950. Subsequently, on July 1, 2012, Amendment No. 2 to the Agreement was executed to
provide additional bidding and award services required under a Construction Management at Risk method of
procurement in the not-to-exceed amount of$11,974.Amendment No.3 for an amount of$15,120 is pending approval.
On January 16,2013,the Mayor and City Commission adopted Resolution No.2013-28106 approving Amendment No.
4 in the not-to-exceed amount of$300,852. On June 28,2013,Amendment No.5 to the Agreement was executed to
provide material and laboratory testing services in the not-to-exceed amount of$9,032.
On February 24, 2014, pursuant to Resolution 2014-28464, Amendment No. 6 to the Agreement was executed to
provide extended Construction Administration and Resident Project Representative services in the not-to-exceed
amount of$81,000.On March 10,2014,Amendment No.7 to the Agreement in the not-to-exceed amount of$4,008.36
was executed to provide additional material testing
Pursuant to approval of Amendment No. 8 the Construction Administration and Resident Project Representative
services will be extended for a period of up to three(3)months for a total not-to-exceed amount of$45,989. Atkins'
revised contract amount will total$834,805.36.The additional services will be added to the Atkins Professional Services
Agreement as requested by the City.
The Administration has determined that additional services are warranted due to 75 calendar days the project is
delayed,not due to the consultant fault.On May 22,2014,the Construction Manager at Risk was issued a Notice-Of-
Default identifying project delays and not achieving substantial completion as per approved project schedule.
The negotiated price submitted by Atkins has been reviewed by City staff and found to be fair and reasonable.
The Administration recommends approval of the resolution.
Advisory Board Recommendation:
Financial Amount Account
m
Inforation: 1
In $45,989 388-2577-067357
2
OB Total $45,989
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Roberto Rodriguez, Ext. 6122
Sign-Offs:
Departm ector Assistan i a ger City nager
DM MT JLM
T:\AGENDA\2014\July\CIP\Ntkins\South Point Park Pier-Atkins ndment 8 SUMMARY.doc
AGENDA ITEM C-
7B
MIAMII AC DATE 7—��/
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MIAMI BEACH
City of Miami Beach, 1710 Convention Cen t er Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Phillip Levine and Members o the City Co mission
FROM: Jimmy L. Morales, City Manager
DATE: July 23, 2014
SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 8 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH
AMERICA, INC. FOR EXTENDED CONSTRUCTION ADMINISTRATION
AND RESIDENT PROJECT REPRESENTATIVE SERVICES, FOR THE
SOUTH POINTE PARK PIER PROJECT; IN THE NOT TO EXCEED
AMOUNT OF $45,989, WITH PREVIOUSLY APPROPRIATED FUNDING
FROM FUND 388, MDC CDT INTERLOCAL-CDT/RESORT TAX.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Ensure Value and Timely Delivery of Quality Capital Projects.
FUNDING
Funding has been previously appropriated from Fund 388, South Pointe Capital Fund.
BACKGROUND
On April 13, 2011, the City Commission pursuant to Request for Qualifications (RFQ) No. 04-
10/11, adopted Resolution No. 2011-27628, approving and authorizing the Mayor and City Clerk
to execute a Professional Services Agreement with Atkins North America, Inc. (Atkins) for
Professional Services for the South Pointe Pier Project in the amount of$369,000.
On February 9, 2012, Amendment No. 1 to the Agreement was executed approving additional
services required pursuant to the USACOE permit RAI process related to a new coral recipient
site in Government Cut, in the not-to-exceed amount of$12,950. Subsequently, on July 1, 2012,
Amendment No. 2 to the Agreement was executed to provide additional bidding and award
services required under a Construction Management at Risk method of procurement in the not-
to-exceed amount of$11,974. Amendment No. 3 for an amount of$15,120 is pending approval.
On January 16, 2013, the Mayor and City Commission adopted Resolution No. 2013-28106
approving Amendment No. 4 to the Agreement to provide supplemental Construction
Administration services in the not-to-exceed amount of $300,852. On June 28, 2013,
Amendment No. 5 to the Agreement was executed to provide material and laboratory testing
services for the project in the not-to-exceed amount of$9,032. On February 24, 2014, the Mayor
and City Commission adopted Resolution No. 2014-28464 approving Amendment No. 6 to the
Agreement to provide extended Construction Administration and Resident Project
Representative Services in the not-to-exceed amount of $81,000 for a period of three months,
Commission Memorandum—Atkins North America
Amendment 8 for South Pointe Park Pier Project
July 23, 2014
Page 2 of 2
due to approved time extension to Construction Contract. On March 10, 2014, Amendment No.
7 to the Agreement was executed to provide additional material and laboratory testing services
in the not-to-exceed amount of$4,008.36.
ANALYSIS
Due to the Construction Manager at Risk (CMR) delay in completing the project, the
Administration has determined that additional services are warranted to Atkins. The completion
of the project has been delayed by approximately 75 days, at no fault of the Consultant. On May
22, 2014, the CMR was issued a Notice-Of-Default identifying project delays and not achieving
substantial completion as per approved project schedule.
Pursuant to approval of Amendment No. 8, the Construction Administration and Resident
Project Representative services are required for the continued monitoring of the construction
phase and environmental permitting requirements for an additional period of three (3) months.
Amendment No. 8 is for a total not-to-exceed amount of $45,989. Atkins' revised contract
amount will total $834,805.36. The additional services will be added to the Atkins Professional
Services Agreement as requested by the City(see attached).
The negotiated price submitted by Atkins has been reviewed by City staff and found to be fair
and reasonable.
CONCLUSION:
The Administration recommends that a Resolution of the Mayor and City Commission of the City
of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment No. 8 to
the professional services agreement with Atkins North America, Inc. for extended Construction
Administration and Resident Project Representative services, for a period of up to three (3)
months, for the South Pointe Park Pier Project; in the negotiated not-to-exceed amount of
$45,989 with previously appropriated funding from Fund 388, MDC CDT Interlocal-CDT/Resort
Tax.
J LM\ M
ATTACHMENT—Atkins Amendment No. 8
T:\AGENDA\2014\July\CIP\Atkins\South Pointe Park Pier Atkins Amendment 8-MEMO.docx