Amendment 8 to PSA w/ Wolfberg Alvarez & Partnersaoo 9 - 27009
AMENDMENT N0.8 a~~s/fig r C 7F
TO THE PROFESSIONAL ARCHITECTURAL
AND ENGINEERING (A / E) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
WOLFBERG ALVAREZ 8~ PARTNERS,
DATED SEPTEMBER 25, 2002
IN AN AMOUNT NOT-TO-EXCEED $492,458,
FOR RESIDENT PROJECT REPRESENTATIVE (RPR) AND SUPPLEMENTAL
CONSTRUCTION ADMINISTRATION SERVICES, ADDITIONAL DESIGN SERVICES, AND
REIMBURSABLE EXPENSES,
FOR THE RIGHT-OF WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO. 12C -SOUTH POINTE RDA PHASE II PROJECT.
This Amendment No. 8 to the Agreement made and entered this ~S~' day of FFaR4ph~2009, by
and between the CITY OF MIAMI BEACH, a Municipal Corporation existing under the 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 WOLFBERG ALVAREZ & PARTNERS, a Florida
Corporation, having its offices at 1500 San Remo Avenue, Suite 300, Coral Gables, Florida 33146
(hereinafter referred to as the Consultant).
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 57-00/01, the Mayor and
City Commission adopted Resolution No. 2002-24993, on September 25, 2002, approving and
authorizing the Mayor and City Clerk to execute an Agreement with the Consultant for Professional
Services for the South Pointe RDA Phase II Neighborhood Streetscape and Utility Improvement
Project (the Agreement); and
WHEREAS, the Agreement provides for the detailed planning, design, permitting, bidding /
award and construction administrative services for various streetscape /utility improvements within
the South Pointe RDA Phase II Neighborhood(the Project); and
WHEREAS, the Agreement was executed for anot-to-exceed amount of $469,634.00; and
WHEREAS, on February 16, 2005, the City approved Amendment No. 1 to the Agreement,
in the amount of $19,750, for the implementation of additional underground utility field verification
efforts to further refine contract documents by selectively investigating. "utility" locations where
proposed underground infrastructure will intersect with existing improvements; and
WHEREAS, on March 11, 2005, the City approved Amendment No. 2 to the Agreement, in
the amount of $10,750, for additional services for updating /revising the survey for areas within
the Project boundary that recently implemented right-of-way improvements adjacent to the new
private developments, and within along the Alton Road right-of-way from Fourth to Fifth Streets;
and
WHEREAS, on October 19, 2005, the Mayor and City Commission adopted Resolution No.
2005-26037, approving Amendment No. 3 to the Agreement, in the amount of $272,673, for
additional planning, design and construction administration services associated with the expanded
scope of the Project ;and
WHEREAS, on January 10, 2006, the City approved Amendment No. 4 to the Agreement,
in the amount of $12,626, for additional efforts associated with Geotechnical Evaluation services
associated with the expanded scope of the Project; and
WHEREAS, on May 11, 2007, the City approved Amendment No. 5 to the Agreement, in
the amount of $24,999, for additional efforts associated with subsurface exploration/utility
verification for the Project; and
WHEREAS, on October 2, 2008, the City approved Amendment No. 6 to the Agreement, in
the amount of $20,469, for additional efforts associated with additional design efforts for the
paving, grading and drainage of the alleyways, survey and dedication of an Easement and various
proposed staging configurations for the Project; and
WHEREAS, on November 20, 2008, the City approved Amendment No. 7 to the
Agreement, in the amount of $17,921, for the reconfiguration of Parking on Jefferson Avenue; and
WHEREAS, the following Amendment No. 8 to the Agreement, is for $422,658, for
Resident Project Representative (RPR) and Supplemental Construction Administration Services;
$29,000, for additional Design services; and $40,000 for reimbursable expenses; and
WHEREAS, the following Amendment No. 8 increases the total Agreement by $492,458;
for a total fee of $1,341,280.
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:
ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this Amendment
No. 8.
2. MODIFICATIONS
The Agreement is amended to include and incorporate the additional work, asset forth in
Schedule "A-8", 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. 8.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 8 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
W~.~k P..au..
Robert Parcher, City Clerk
CITY OF MIAMI BEACH
M i H. Bowe ,Mayo
ATTEST:
CONSULT T:
WOLFBEI~cQ AtLVA PARTNERS
/~pPROVED AS TO
~~LANGUAGE By rVl; ~'
Secretary: ,~ ~pR CUTION Preside t:
Dd ~s ~~~~4~ ~u -~~
Print Name` 3 3 ~9 Print Name
' ~ ttpmeynr~ ate
SCHEDULE "A-8"
SCOPE OF SERVICES
Schedule "A-8" entitled, "Scope of Services", is amended as follows:
Task 4 -Construction Administration Services
The following shall be added to the existing scope of services:
The use of E-Builder software will be implemented during the construction phase of this project. In
this effort, the CITY plans to reimburse the CONSULTANT for the purchase of up to four (4)
licenses.
Due to the extensive amount of detailed procedures required to properly manage the construction
of the Project, the Construction Management Manual (CMM) developed for the construction phase
of the Infrastructure Improvement Program shall be utilized by the CONSULTANT, in conjunction
with industry standard protocol. The CMM and Project Work Plan provide a uniform procedures
and guidelines for managing the interface between the CITY, CONTRACTOR(S), PROGRAM
MANAGER, and Field Observation staff. With the implementation of a full time Resident Project
Representative (RPR), wherever the term PROGRAM MANAGER has been utilized in the CMM
and Project Work Plan, it shall mean the CONSULTANT. CONSULTANT'S compensation is based
upon an eighteen (18) month construction period.
Task 4.1-Pre-Construction Conferences shall be amended as follows:
The Word PROGRAM MANAGER in the existing Scope of Work shall be substituted with
CONSULTANT.
The following new Task 4.1 a shall be added to the existing scope of services:
Task 4.1 a -Pre-Construction Conference with Residents
CONSULTANT shall prepare, attend and conduct aPre-Construction Conference with residents of
the South Pointe II Neighborhood. The purpose of the meeting shall be to introduce the
CONSULTANT and CONTRACTOR to the residents, as well as have the CONSULTANT provide a
brief overview of the WORK, in conjunction with the CONTRACTOR'S presentation of an overview
of the anticipated construction phasing, conditions to be expected, and other issues that may be of
concern to the residents. The content of the presentation material shall be coordinated with the
selected CONTRACTOR, via the CITY, and presented at aPre-meeting with the CITY.
Deliverables: - PowerPoint Presentation materials.
- Coordinate and participate in the Pre-Construction Conference with Residents.
Schedule: -Following the issuance of the first Construction Notice to Proceed (NTP).
The following new Task 4.2 shall be amended as follows:
Task 4.2 -Weekly Construction Meetings and Coordination with RPR
The CONSULTANT, via the full time Resident Project Representative (RPR) shall attend and
participate in weekly construction progress meetings with the CONTRACTOR, various sub-
contractors, material suppliers, CITY staff, PROGRAM MANAGER, and applicable utility
owners/agencies, and/or representatives assigned to the Project as appropriate. The RPR shall
review the progress of the construction as outlined in the construction schedule approved by the
CONSULTANT, review and/or distribute the Shop Drawing submittals as appropriate, Contract
Document Clarifications (CDCs), Contractor's Requests for Information (RFIs), proposed Change
Order (COs). The construction progress meetings will typically be held at the Project site, or other
location determined by the City's Project Coordinator. The PROGRAM MANAGER shall be
responsible for taking the meeting minutes, and will keep accurate records of such.
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The City's Project Coordinator shall be the CITY's representative on the Project, for the sole benefit
and protection of the CITY. The presence of this Project Coordinator shall in no way diminish any
of the CONSULTANT'S duties and obligations as described in the Agreement. The CONSULTANT
shall have no right to rely on the City's Project Coordinator for assurances or advice regarding
services that are the responsibility of the CONSULTANT.
The CONSULTANT shall provide Architectural and Engineering support throughout the
administration of the Construction Contract as set forth in the Agreement, or in the General or
Supplemental Conditions of the Construction Contract. The CONSULTANT'S assigned authority
therein shall not be modified without the Consultant's written consent.
The Consultant shall advise and consult with the CITY, and keep it informed of the progress of the
Work, .including percentage completed on a monthly basis, during the Construction Phase. After
issuance of the Notice to Proceed with the Work, all of the City's instructions to the Contractors
shall be issued by the CONSULTANT, with final approval by the City.
The following new Task 4.3 shall be amended as follows:
Task 4.3 -Requests for Information/Contract Document Clarification (RFI's CDCs)
The CONSULTANT, via the RPR will receive, log and process all RFIs/CDCs. Whenever an RFI
involves the interpretation of design issues or design intent, the RPR shall review the RFI in
collaboration with the design Engineer of Record, sub-Consultants, and prepare a response within
Seven (7) days for the CONSULTANTS, and fourteen (14) days for the Sub-Consultants, and
return it to the Contractor, with copies to the CITY and PROGRAM MANAGER. The
CONSULTANT, via the RPR may also be requested by the CITY or PROGRAM MANAGER to
provide written CDCs should certain items within the Contract Documents require clarification, or
may be handled via Field Directives.
Deliverables: -Maintain Request for Information and Contract Document Clarification Logs, and
participate in review of documents as appropriate.
Schedule: -Ongoing throughout the project construction duration.
The following new Task 4.4 shall be amended as follows:
Task 4.4 -Requests for Changes to Construction Cost and/or Schedule:
The CONSULTANT will receive, log, classify and evaluate all requests for project cost and/or
schedule changes from the Contractor and/or CITY. Changes may be the result of unforeseen
conditions; interferences identified by the Contractor during the routine progress of the work;
errors; inadvertent omissions (betterment) issues; requests by regulatory agencies; or additional
improvements requested by the CITY or CONSULTANT after the Project award date. Regardless
of the source, the CONSULTANT will evaluate the merit of the claim as well as the impact of the
potential change in terms of the project cost, and schedule. CONSULTANT will review claims
and/or change order requests with the CITY and PROGRAM MANAGER. No claim assistance
services are included under this task.
Deliverables: - Perform independent review of request for cost increase and/or time extension.
- Coordinate and participate in meetings, as required with the Program Manager,
CITY and CONTRACTOR to resolve and/or negotiate the equitable resolution of
request.
- Prepare change order documentation.
Schedule: -Ongoing throughout the project construction duration.
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The following new Task 4.5 shall be amended as follows:
Task 4.5 -Processing of Shop Drawings:
The RPR will receive, log and distribute shop drawings to the CONSULTANT, and the various
design disciplines (civil, mechanical, landscaping, and electrical) for review. The CONSULTANT
shall have fourteen (14) calendar days from the time of receipt in its office, to review and return
shop drawings to RPR, whom shall promptly return to the CONTRACTOR.
Deliverables: -Receive, Review, distribute, and return shop drawings to the CONTRACTOR as
appropriate.
Schedule: -Ongoing throughout the project construction duration.
The following new Task 4.6 shall be amended as follows:
Task 4.6 -Specialty Site Inspection Services:
The CONSULTANT shall provide specialty site inspections by the various design disciplines (civil,
mechanical, landscaping, and electrical) on an as needed basis throughout the construction, in
order to ensure that the work is being installed in accordance with the Construction Documents.
Field Observation Services, in conjunction with the full time construction observation by the RPR,
shall serve as sufficient oversight of the Project to enable the CONSULTANT to certify the work as
being completed in accordance with the Construction Documents. For the purpose of this scope of
services, it is assumed that a total of twenty-two (22) specialty site inspections are included.
Deliverables: -Provide up to twenty-two (22) specialty site visits as appropriate.
- Provide detailed report of the inspection conducted.
Schedule: -Ongoing throughout the project construction duration.
Task 4.7 shall be deleted in its entirety from the existing scope of services and replaced with the
following:
Task 4.7 - Project Closeout/Final Punch ListlAs-Builts
Upon receiving notice from the Contractor(s) advising the CONSULTANT that the project is
substantially complete, CONSULTANT, in conjunction with appropriate CITY and PROGRAM
MANAGER Staff, shall schedule and conduct an overview of the project. 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. 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 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 and PROGRAM MANAGER staff, shall
perform a final review of the finished project. Based on successful completion of all outstanding
work items by the Contractor, the CONSULTANT shall assist CITY, through the PROGRAM
MANAGER, in closing out the construction contract. This shall include, but not 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, and processing of the final payment application.
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~In addition, the CONSULTANT shall coordinate with the Contractor as necessary to transfer record
drawing markups, which the CONSULTANT shall update the corresponding CAD files for record
purposes and certify the project as complete, in accordance with all applicable jurisdictional
permitting requirements.
Deliverables: - Receive Contractor 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.
- Prepare electronic record drawings and certify project as complete
applicable jurisdictional requirements.
- Submit five full size copies of final record drawings with applicable
certification(s) of completion.
Schedule: -Upon notification of Substantial Completion, Final completion, and Close-out.
The following new Task 4.9 shall be added to the existing scope of services:
Task 4.9 -Resident Project Representative (RPR)
The CONSULTANT shall provide one qualified, full-time RPR to provide an adequate 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 a period of up to five hundred and
fifty two days (552 days) of field representation. Should this level of effort be exceeded or
decreased, an equitable adjustment shall be made accordingly. Should the City determine that this
level of effort is no longer required, it shall have the option to reduce the level of effort, or
discontinue the services of the RPR. The Services of the RPR shall commence at the issuance of
the contractor's Second Notice to Proceed, or the actual date of mobilization on the site.
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.
In general, the CONSULTANT's RPR shall observe the construction of the work and;
(a) Conduct on-site observations of the work in progress to assist in determining if the
provisions of the Contract Documents and permit conditions are being fulfilled and to reasonably
protect the CITY, through the PROGRAM MANAGER, against defects and deficiencies in the work
of the Contractor. CONSULTANT shall report, to the CITY, through the PROGRAM MANAGER, in
writing, whenever it is believed that work is unsatisfactory, faulty or defective and / or does not
conform to the contract documents, does not meet the requirements of inspections, tests, or has
been damaged prior to final payment.
(b) CITY, through the PROGRAM MANAGER, against Contractor work defects and
deficiencies. CONSULTANT shall advise the CITY, through the PROGRAM MANAGER, in writing,
whenever work is determined to not conform to the contract documents. The CONSULTANT's
RPR shall attend all scheduled meeting with the Contractor as appropriate.
(c) 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, and advise the CITY accordingly, in a
timely manner.
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'(d) 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.
(e) 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 be labeled as to date, location,
and view, electronically filed by month, and signed by the CONSULTANT.
(f) Review materials and workmanship of the projects and report to CITY, through the
PROGRAM MANAGER, any deviations from the Contract Documents that may come to the
CONSULTANT's attention. Determine the acceptability of the work and materials and make
recommendation to CITY, through the PROGRAM MANAGER, to reject items not meeting the
requirements of the contract documents.
(g) Check Contractors' material certifications and samples, verifying that delivered
materials match approved shop drawings.
(h) Field observes critical points in the construction process.
(i) 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.
(j) CONSULTANT shall verify and sign off on all pay requisition quantities in the field.
CONSULTANT shall develop a Field Measurement Form and utilize such form as verification of
pay requisition items. In this effort the CONSULTANT shall advise the PROGRAM MANAGER of
quantities being approved for concurrence.
(k) Monitor that record drawing mark-ups are properly maintained by the Contractor.
(I) The CONSULTANT's RPR shall have suitable training, understanding of the Project,
and authorization, when there is no material deviation from the Contract Documents, to address,
process, evaluate, recommend, respond to, review and issue Requests for Information, Contract
Document Clarifications, Field Orders, Change Order, requests for Proposals and other such
Project contractual related correspondence and documents as may be forwarded by the Contactor,
or requested for issuance as the Project needs dictate. In this effort, Office Support may be
provided by CONSULTANT on an as-needed basis. However,
it is understood that the majority of these issues should be address by the RPR, as the
CONSULTANT is anticipated to represent to the CITY that its Resident Project representative is
duly qualified to meet the requirements of the specified Tasks.
(m) The CONSULTANT's RPR shall perform independent reviews of any Change Orders
and provide a written opinion as to the merit /value of such items to the CITY, through the
PROGRAM MANGER. It is understood that no legal claims assistance or support services are
inferred by the work effort noted under this Task.
Deliverables: - Provide full time Resident Project Representation on the Project
Schedule: -Ongoing throughout Project.
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• The following new Task 5.13 shall be added to the existing scope of services:
513 -Revisions to Water Main design (HNTB) due to Additional Subsurface Investigation
Water main drawings shall be modified as necessary to accommodate the location of existing
utilities that were discovered as a result of additional geotechnical subsurface exploration. The
drawings shall be modified to avoid potential conflicts and to raise the proposed elevation of water
mains where possible.
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