2009-27159 ResoRESOLUTION NO. 2009-27159
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. 7 TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY AND CHEN ~ ASSOCIATES, INC., DATED
SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD
IMPROVEMENT PROJECT BID PACKAGES 9A AND 9B, IN THE NEGOTIATED
NOT-TO-EXCEED AMOUNT OF $560,924, PLUS AN ADDITIONAL AMOUNT OF
$19,500 FOR APPROVED REIMBURSABLES; TO PROVIDE CONSTRUCTION
ADMINISTRATION AND RESIDENT PROJECT REPRESENTATION DURING
CONSTRUCTION OF THE PROJECT; WITH PREVIOUSLY APPROPRIATED
FUNDING FROM THE CITY CENTER RDA FUND 365.
WHEREAS, 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 of
Chen & Associates, Inc. (Consultant) to provide professional services for the City Center Right-of-
Way Neighborhood Improvement Project (the Project); and
WHEREAS, the Agreement provides for planning, design, bid and award, and construction
administration services for the Project, and provided only limited Project Closeout Services and no
Resident Project Representative Services; and
WHEREAS, on February 8, 2006, pursuant to Resolution No. 2006-26126, the Cityapproved
Amendment No. 1, in the amount of $347,925, for the provision of additional streetscape
improvements and miscellaneous water and wastewater main upgrades within the Bid Package 9A
area of the Project.; and
WHEREAS, on December 6, 2006, pursuant to Resolution No. 2006-26388, the City
approved Amendment No. 2, in the amount of $88,081, for the provision of additional streetscape
improvements to 21St Street, and Construction Administration and Resident Project Representative
Services for Lincoln Road -Bid Package 9C; and
WHEREAS, on April 24, 2007, the City approved Amendment No. 3, in the amount of
$16,973, for design services necessary to incorporate bike lanes/routes within the Project; and
WHEREAS, on September 5, 2007, the City approved Amendment No. 4, in the amount of
$24,923, for professional services necessary for the planning of Lincoln Road streetscape
improvements between Washington Avenue and Collins Avenue; and
WHEREAS, on May 5, 2008, the City approved Amendment No. 5, in the amount of $23,935,
for additional design services for revisions to the Bid Package 9B: City Center- Commercial District
improvements; and
WHEREAS, on November 14, 2008, the City approved Amendment No. 6, in the amount of
$23,766, for design revisions for Lincoln Lane North; and
WHEREAS, staff has determined that additional Project Closeout Services and Resident
Project Representative Services are required during the construction phase of the Project for both
Bid Packages 9A and 9B; and
WHEREAS, Bid Package 9A is anticipated to have a 24-month construction duration and Bid
Package 9B is anticipated to have an 18-month construction duration; and
WHEREAS, the City and Consultant have negotiated Amendment No. 7 to the Agreement, in
the amount of $580,424.
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 approve and
authorize the Mayor and City Clerk to execute Amendment No. Ito the Agreement between the City
and Chen and Associates, Inc., dated September 8, 2004 for the City Center ROW Neighborhood
Improvement Project, in the negotiated not to exceed amount of $560,924, plus an additional
amount of $19,500 for approved reimbursables to provide construction administration and resident
project representation during construction of the Project; with previously appropriated funding from
the City Center RDA fund 365.
APPROVED AS TO
FORM & LANGUAGE
PASSED AND ADOPTED this 9th day of September 2009.
ATTEST:
C~w~ ~~.c.~.
ROBERT ~ PARCHER, CITY CLERK ATTI H RA OWER, MAYOR
T:\AGENDA\2009\September 9\Consent\City Center ROW -Chen Amend. No.7 RESO.doc
CUTION
m to
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COMMISSION ITEM SUMMARY
Condensed Title:
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. 7, to the existing professional services
agreement between the City of Miami Beach and Chen & Associates, Inc. (Chen), dated September 8, 2004,
for the City Center Right-of-Way Neighborhood Improvement Project Bid Packages 9A and 9B; in the
negotiated not-to-exceed amount of $560,924, plus an additional amount of $19,500 for approved
reimbursables; to provide construction administration and resident project representation during construction
of the project; with previously appropriated funding for Design from the Cit r~Center RDA fund 365.
Key Intended outcome Supported:
To ensure. a quality, well constructed Capital project.
_--__
Supporting Data (Surveys, Environmental Scan, etc.): In the 2007 Community Survey, completed Capital
Improvement Projects were a key positive driver in resident perceptions on overall quality of life and whether
the City is better than a few years ago; 81 % of residents rated the appearance & maintenance of City's public
buildings as excellent or good; 84% of residents rated Capital Improvement Projects as excellent or good.
Issue:
Shall the Ma or and the Cit Commission a rove the Resolution?
Item Summary/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 & Associates, Inc.
(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
Services for BP-9A (residential area) and 9B (commercial area). Bid Package 9A is anticipated to have an 18-
month construction duration and Bid Package 96 a 24-month construction duration.
Chen had submitted a proposal totaling $786,517 for the additional services. Staff negotiated the hourly billing
rates and made revisions for the amount of time needed for each task. As a result the negotiated amount is
$580,424. The hourly billing rates for this proposed amendment are the same as those recently negotiated
with another Engineering firm for the Venetian Islands ROW Project. Staff finds both the Scope and
negotiated Fee to be reasonable and appropriate. Attached are the Scope of Services (Attachment 1) and
Consultant's Compensation Fee Schedule (Attachment 2).
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Adviso Board Recommendation:
CIPOC: Recommended a royal on Au ust 31, 2009.
Financial Information:
Source of Amount Account
Fun 1 $290,212 365-2616-061357 Bid Pack A
2 $290,212 365-2327-061357 Bid Pack B
OB Total $580,424
Financial pact Summary:
City Clerk's Office Legislative Tracking:
I Keith Mizell ext. 6972
Si n-Offs:
Depart ire r Assists Ci anager City M na er
CC TH JMG
T:WGENDA\2009\September 9\Consent\City Center ROW -Chen Amend. No.7 SUMM.doc
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~~ ,A ~~ }~ ~ ~~~ AGENDA#TEM ~~ ~
f -~ ~'(~ DATE ~ l~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachs'I.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 9, 2009
SUBJECT: 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. 7, TO THE EXISTING
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CHEN 8~ ASSOCIATES, INC. (CHEN), DATED SEPTEMBER 8,
2004, FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD
IMPROVEMENT PROJECT BID PACKAGES 9A AND 9B; IN THE NEGOTIATED
NOT-TO-EXCEED AMOUNT OF $560,924, PLUS AN ADDITIONAL AMOUNT OF
$19,500 FOR APPROVED REIMBURSABLES; TO PROVIDE CONSTRUCTION
ADMINISTRATION AND RESIDENT PROJECT REPRESENTATION DURING
CONSTRUCTION OF THE PROJECT; WITH PREVIOUSLY APPROPRIATED
FUNDING FOR DESIGN 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 for Design in the amount of $290,212 in
account 365-2616-061357 and $290,212 from the City Center Bid Package B in account
365-2327-061357.
ANALYSIS
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 & Associates, Inc. (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
Services.
Although the Project originally consisted of Construction Bid Packages 9A and 9B, it has
since been divided into three separate Bid Packages. Bid Package 9A is 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 96 is the commercial area bounded by
16th Street to the south, Alton Road to 17th Street to Meridian Avenue to 19th Street to
Convention Center Drive to the west, Dade Boulevard to the north, and Washington Avenue
to the east. Bid Package 9C is within the commercial area on Lincoln Road from Washington
Avenue to Collins Avenue.
Commission Memorandum
City Center ROW Chen Amendment 7
September 9, 2009
Page 2 of 2
On February 8, 2006, the City approved Amendment No. 1, in the amount of $347,925, for
the provision of additional streetscape improvements and miscellaneous water and
wastewater main upgrades within the Bid Package 9A area of the Project.
On December 6, 2006, Amendment No. 2 was approved, in the amount of $88,081, for the
provision of additional streetscape improvements to 21St Street, and Construction
Administration and Resident Project Representative Services for the Lincoln Road Bid
Package 9C.
On April 24, 2007, the City approved Amendment No. 3, in the amount of $16,973, for
design services necessary to incorporate bike lanes/routes within the Project.
On September 5, 2007, Amendment No. 4 was approved, in the amount of $24,923, for
professional services necessary for the planning of Lincoln Road streetscape improvements
between Washington Avenue and Collins Avenue.
On May 5, 2008, the City approved Amendment No. 5, in the amount of $23,935, for
additional design services for revisions to the Bid Package 9B: City Center -Commercial
District improvements.
On November 14, 2008, the City approved Amendment No. 6, in the amount of $23,766, for
design revisions for Lincoln Lane North.
Staff has determined that additional Project Closeout Services and Resident Project
Representative Services are required during the construction phase of the Project for Bid
Packages 9A and 9B. Bid Package 9A is anticipated to have an 18-month construction
duration and Bid Package 9B is anticipated to have a 24-month construction duration.
Chen had submitted a proposal totaling $786,517 for the additional services. Staff
negotiated the hourly billing rates and made revisions for the amount of time needed for
each task. As a result the negotiated amount is $560,924. The hourly billing rates for this
proposed amendment are the same as those recently negotiated with another Engineering
firm for the Venetian Islands ROW Project. Staff finds both the Scope and negotiated Fee to
be reasonable and appropriate. Attached are the Scope of Services {Attachment 1) and
Consultant's Compensation Fee Schedule (Attachment 2).
This item was presented at the August 31, 2009, Capital Improvement Projects Oversight
Committee (CIPOC) meeting, where it was recommended for approval.
CONCLUSION
The Administration recommends the execution of Amendment No. 7, in the negotiated, not
to exceed amount of $580,424, to an existing Agreement between the City of Miami Beach
and Chen & Associates, Inc., dated September 8, 2004, to provide Construction
Administration and Resident Project Representation Services for the City Center
Neighborhood Improvement Right-of-Way Project Bid Packages 9A and 9B; with previously
appropriated funding for Design from the City Center RDA fund 365.
Attachments
J MG/TH/CC/JCC/RS/HKM
T:\AGENDA\2009\September 9\Consent\City Center ROW Chen Amendment 7 - Memo.doc
SCHEDULE "A-7"
SCOPE OF SERVICES
Basis of Scope:
• The CONSULTANT'S compensation is based upon the administration of separate
construction bid packages being implemented on concurrent timelines, up to 6 month overlap.
• It is anticipated that the construction timeframes for Bid Package 9A will be 18 months & 9B
will be 24 months.
Schedule "A" entitled, "Scope of Services", is amended as follows:
Delete existing Task 4.7 in its entirety and replace with the following:
L°Task 4.7 - Proiect Closeout: 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 &
9B. 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 shaIl 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. 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 shaIl 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, consent of surety to final payment, and processing of the final
payment application.
Deliverables - Receive Contractor(s) substantial completion notification.
- Coordinate and attend field meetings to review Substantial Completion.
- Prepare and verify that punch lists aze completed.
- Certify project completion to appropriate agencies.
Page 1 of 4
090826 City Center -Scope for Amendment 7 (RPR).doc
Schedule - Ongoing throughout Program."
Also, please add the following Task 4.8, 5.8 & 6.6 to the existing scope of services:
"Task 4.8 - Warranty Administration/Post Proiect Services• The CONSULTANT shaII assist the
CITY with the coordination of requested warranty work for Bid Package 9A & 9B. This assistance
shall be provided for a period of up to one yeaz following the Final Completion and acceptance of the
PROJECT by the CITY, or the issuance of the Final Payment, whichever occurs latest.
In addition, the CONSULTANT shaIl coordinate with the Contractor as necessary to obtain record
drawing mazkups or CAD files, which the CONSULTANT shall update the corresponding CAD files
for record purposes and certify the project as complete, in accordance with ali applicable jurisdictional
permitting requirements.
Deliverables - Assist the CITY with warranty work completion.
- Prepare electronic record drawings and certify project as complete per applicable
jurisdictional requirements.
- Submit five full size copies of final record drawings with applicable certifications of
completion
Schedule - On~,oing throughout Pro am
Task 5.8 -Resident Proiect Representative Services• The CONSULTANT shallprovide qualified,
part-time 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 6,720 man-hours of field representation. 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.
In general, the CONSULTANT's resident project representative shall observe the construction ofthe
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
Page 2 of 4
090826 City Center -Scope for Amendment 7 (RPRJ.doc
the contract documents. The CONSULTANT's observer shall attend all scheduled
meeting 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 shaIl be
digital snapshot type taken to define the progress of the project and shall be labeled as to
date, location, view, electronically filed by month, and signed 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) 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
CJP PROJECT COORDINATOR of quantities being approved for concurrence.
(j) Monitor that record drawing mark-ups are properly maintained by the Contractor,
including progressive record drawings and rock as-builts.
Page 3 of 4
090826 City Center -Scope for Amendment 7 (RPR).doc
(k) The CONSULTANT's resident project representative shall coordinate with its office staff
as necessary to resolve /address aIl Requests for Information /Contract Document
Clarifications 1 Field Orders, Change Orders and other such project related
correspondence as maybe forwarded by the Contractor, through the CIP PROJECT
COORDINATOR.
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.
Deliverables - Provide part-time resident project representation on the project.
- Prepare Daily Construction Observation Forms.
- Review and recommend payment for monthly contractor pay requests.
- Process 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.
Schedule -Ongoing throughout Project.
Task 6.b -Field Office Snace for RPR• The CONSULTANT shall provide field office space to
house proposed RPR staff. The proposed office space shall include janitorial services, telephone,
utilities, and Internet access. Office space shall be located no farther than 0.5 miles from the project
boundaries."
Page 4 of 4
090826 City Center -Scope for Amendment 7 (RPR). doc
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