2009-27222 Reso Inc.RESOLUTION No. 2009- 27222
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. 9 TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH, FLORIDA AND CH2M HILL, DATED MAY 16, 2001,
FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE AND
CONSTRUCTION ADMINISTRATION SERVICES FOR THE RIGHT-
OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM,
NEIGHBORHOOD NO. 3 - NORMANDY SHORES, IN THE
NEGOTIATED NOT-TO-EXCEED AMOUNT OF $284,000; WITH
PREVIOUSLY APPROPRIATED FUNDING FROM STORMWATER
ENTERPRISE FUND 427, FOR CONTINGENCY, TO BE
REALLOCATED TO DESIGN. THESE FUNDS ARE PROGRAMMED
TO BE REIMBURSED BY FUTURE STORMWATER BONDS.
WHEREAS, pursuant to Request for Qualifications No. 134-99/00, the City
adopted Resolution No. 2001-24386, on May 16, 2001, approving and authorizing the
Mayor and City Clerk to execute an Agreement with the Consultant, for professional
services for the Neighborhood No.3 - Normandy Shores Right-of-Way (ROW)
Infrastructure Improvement Project (the Agreement); and
WHEREAS, the Agreement was executed fora not-to-exceed amount of
$620,800; and
WHEREAS, the Normandy Shores Project (the Project) is located in the following
area: Normandy Shores, a residential island with approximately 200 single family homes
and 43 apartment buildings surrounding the Normandy Shores Golf Course and Fairway
Park, which is linked to Miami Beach at 71S' Street; and
WHEREAS, the Project scope of work includes enhanced landscaping and street
lighting consistent with community preferences; repair, extension or widening of
sidewalks to comply with ADA -Title III; street resurfacing/pavement markings and
improvement of dead end streets with street lighting, landscaping, fencing, and/or
parking, where appropriate; bicycle paths and pedestrian access ways; incorporation of
traffic calming features, consistent with the community preferences; improved storm
water drainage collection and disposal infrastructure; and provision of the necessary
infrastructure to accommodate the burial of overhead facilities, in the event the residents
consider the creation of a special assessment district to underground electric, cable, and
telephone services; and
WHEREAS, on May 13, 2005, Amendment No. 1 to the Agreement was
executed, to include the provision of additional services necessary to prepare and attend
a second pre-community design workshop, and community design workshop for the
Project, for a no-to-exceed amount of $12,811; and
WHEREAS, on October 5, 2004, Amendment No. 2 to the Agreement was
executed, to include the provision of additional professional services necessary to
-1-
perform undergrounding utility verification for the Project, in an amount not-to-exceed
$16,325; and
WHEREAS, on March 18, 2005, Amendment No.3 to the Agreement was
executed, to include the provision of additional professional services necessary to install
a drainage test well for the Project, in an amount not-to-exceed $12,750; and
WHEREAS, on March 18, 2005, Amendment No.4 to the Agreement was
executed, to include provisions for additional professional services necessary to
incorporate concrete valley gutters to the Construction Documents for the Project, for a
not-to-exceed amount of $3,500; and
WHEREAS, on July 14, 2005, Amendment No.S to the Agreement was executed,
to include provisions for additional services necessary to install an additional drainage
test well for the Project, in snot-to-exceed amount of $500; and
WHEREAS, on December 6, 2006 Amendment No.6 to the Agreement was
executed, to include the provision of resident project representation and additional
construction management services, in anot-to-exceed amount of $550,000; and
WHEREAS, Amendment No. 7 addresses additional services required for the
provision of additional permitting services for expanded construction of seawalls on the
street ends of Jones St., Hagan St., and South Shore Drive, in snot-to-exceed amount
of $24,607; and
WHEREAS, Amendment No. 8 addresses permitting assistance to incorporate
additional stormwater drainage from the Normandy Golf Course Club House and parking
lot into the right-of-way, which will improve the Club House and parking lot drainage and
make it substantially less expensive to construct, in anot-to-exceed amount of $24,376;
and
WHEREAS, due to reasons beyond the control of the CH2M Hill, the Project was
not completed by the originally scheduled date of December 5, 2008; and
WHEREAS, the City and CH2M Hill have negotiated Amendment No. 9 to the
Agreement, to provide Resident Project Representative and Construction Administration
Services for the period between December 6, 2008 through the completion of the
Project, in a negotiated not-to-exceed amount of $284,000, which will increase the total
fee to $1,485,716 and
WHEREAS, funding for this task, in the amount of $284,000, has been previously
appropriated from the stormwater Enterprise Fund 427. These funds are programmed
to be reimbursed by future stormwater Bonds.
-2-
2009-27222
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby adopt a resolution authorizing the Mayor and City Clerk to execute
Amendment No. 9 to the Professional Services Agreement between the City of Miami
Beach and CH2M Hill, dated May 16, 2001, for additional resident project representative
and construction administration services for the Right-of-Way Infrastructure
Improvement Program, Neighborhood No. 3 -Normandy Shores, in a negotiated not to
exceed amount of $284,000.
PASSED AND ADOPTED this 14th day of October , 2009.
A ~ EST:
~ Cki~~
ROBERT PA CHER, CITY CLERK
I HER RA BOWER, MAYOR
T:WGENDA\2009\October 14\Consent\Normandy Shores RPR RESO.doc
APPROVED AS 'PO
FORM ~ LANGUAGE
~~ FQR EXECUTION
1"°~
t~
~ Date
-3-
COMMISSION ITEM SUMMARY
Cnndpnsed Title:
A resolution to authorize execution of Amendment No. 9 to the professional services agreement with CH2M
Hill for additional construction administration and resident project representative services for the Normandy
Shores Right-of-Way Improvement Project, in the negotiated not to exceed amount of $284,000 with
previously appropriated funding from stormwater enterprise fund 427, for contingency, to be reallocated to
'~ design. These funds are programmed to be reimbursed from future stormwater Bonds
Ke Intended Outcome 5u ortea:
Ensure well maintained infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): Improvements to the Normandy Shores
Neighborhood satisfies two of the Capital Improvement Projects Office Key Intended Outcomes (KIOs):
1. Ensure Well-Maintained Infrastructure.
2. Ensure Well-Designed Quality Capital Projects.
Issue:
Shall the Ci Commission a rove the amendment to the Contract?
Item Summa /Recommendation:
Due to reasons beyond the control of the CH2M Hill, the Normandy Shores ROW project was not completed
by the originally scheduled date of December 5, 2008. As a result, the fees associated with the resident
project representation and construction management services have been expended.
This request for additional resident project representation and construction administration services covers the
period from December 6, 2008 through completion of the project. The City and CH2M Hill have negotiated a
not-to-exceed amount of $284,000, using Project contingency funds.
City staff which included the Special Assistant to the City Manager negotiated the work effort, the hourly billing
rates, and the scope of services during multiple meetings with the Consultant. In the final session during the
evening of October 2, 2009, the Consultant accepted compensation in the amount of $284,000 (a 20%
reduction) based upon the agreement that the City and Consultant reach acceptable terms and conditions for
the Bayshore neighborhood construction management services. Should the City and Consultant not be able
to reach acceptable terms and conditions for the Bayshore neighborhood construction management services,
then the City is obligated to amend the Consultant's Normandy Shores agreement in the amount of $71,000 in
order to compensate the Consultant for its expended and incurred effort of $355,000.
APPROVE THE AMENDMENT TO THE AGREEMENT.
Adviso Board Recommendation:
Financial Information:
Source of Amount Account Approved
Funds: 1 $284,000 427-2323-000356
2 These funds are programmed to
be reimbursed from future
stormwater Bonds.
3
OBPI Total $284,000
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Rick Saltrick, Ext. 6565
Sign-Offs: ,.
De art it for Assistan Cit Man er Cit a er
CO TH JM
^{J
T:\AGENDA\2009\October 14\Consent\Normandy Shores RPR SUMMARY.doc
m MIAMIBEACH
V / ~ // \
,4GEI~DA ITEM ~?
DATE /0'/~/-~ mil'
to MIAMIBEACH
Cit~r of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, veww.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 14, 2009
SUBJECT: 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. 9 TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CH2M
HILL, DATED MAY 16, 2001, FOR ADDITIONAL RESIDENT PROJECT
REPRESENTATIVE AND CONSTRUCTION ADMINISTRATION SERVICES FOR
THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM,
NEIGHBORHOOD NO. 3 -NORMANDY SHORES, IN THE NEGOTIATED NOT-
TO-EXCEED AMOUNT OF $284,000; WITH PREVIOUSLY APPROPRIATED
FUNDING FROM STORMWATER ENTERPRISE FUND 427, FOR CONTINGENCY,
TO BE REALLOCATED TO DESIGN. THESE FUNDS ARE PROGRAMMED TO BE
REIMBURSED FROM FUTURE STORMWATER BONDS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Previously appropriated Funds, in the amount of $284,000, are available from Stormwater Enterprise
Fund 427, for Project Contingency, in account No. 427-2323-000356, and to be reallocated into
Design Account No. 427-2323-061357. These funds are programmed to be reimbursed from future
Stormwater Bonds.
ANALYSIS
On May 16, 2001, pursuant to Request for Qualifications No. 134-99/00, the City adopted Resolution
No. 2001-24386, approving and authorizing the execution of an Agreement with CH2M Hill for
professional services for the Neighborhood No. 3 -Normandy Shores Right-of-Way (ROW)
Infrastructure Improvement Project (the "Agreement"). The Agreement was negotiated for anot-to-
exceed amount of $620,800. The project scope of work included planning, design, and limited
construction management /field observation services. The construction management /field
observation services task included pre-construction conference attendance, weekly construction
meeting attendance, requests for information /contract document clarifications, requests for changes,
shop drawing processing, field observation services and project closeout. The original agreement
contemplated approximately $94,848 for the referenced limited construction management services
over a period of 26 months. It is important to note that the original agreement intended for twelve (12)
field visits during this 26-month period.
The design included enhanced landscaping and street lighting consistent with community preferences;
repair, extension or widening of sidewalks to comply with ADA -Title III; street resurfacing /pavement
markings and improvement of dead end streets with street lighting, landscaping, fencing, and/or
Normandy Shores RPR
October 14, 2009
Page 2 of 3
parking, where appropriate; bicycle paths and pedestrian access ways; incorporation of traffic calming
features, consistent with the community preferences; improved storm water drainage collection and
disposal infrastructure; and road reconstruction.
The Agreement has had several amendments over the last eight years to accommodate additional
work tasks and to further define construction scope. Amendment No. 1 included additional services
necessary to prepare and attend a second pre-community design workshop, for anot-to-exceed
amount of $12,811. Amendment No. 2 covered additional services necessary to perform underground
utility verification, in an amount not-to-exceed $16,325. Amendment No. 3 included additional
services necessary to install a drainage test well for the Project, in an amount not-to-exceed $12,750.
Amendment No. 4 included additional services necessary to incorporate concrete valley gutters, for a
not-to-exceed amount of $3,500. Amendment No. 5 included additional services necessary related to
the additional drainage test well approved in Amendment No. 3 for reimbursable expenses associated
with increased fuel surcharges and the preparation of a Reasonable Assurance Report required for
permitting, in anot-to-exceed amount of $500.
Amendment No. 6 augmented the Consultant's original agreement in the amount of $550,000 for
additional construction management services for a period of 21 months which included resident
project representation. This entailed afull-time representative of the Consultant to be present at the
site during construction activities. Amendment No. 6 compensated the Consultant for these
construction management services through December 5, 2008.
Amendment No. 7 addresses professional services for additional permitting services for expanding the
construction limit of the seawalls at the street ends of Jones Street, Hagan Street, and South Shore
Drive, in anot-to-exceed amount of $24,607. Amendment No. 8 addresses permitting assistance to
incorporate additional stormwater drainage from the Normandy Golf Course Club House and parking
lot into the right-of-way, which will improve the Club House and parking lot drainage and make it
substantially less expensive to construct, in snot-to-exceed amount of $24,376.
This Amendment No. 9 compensates the Consultant for construction management services for the
period of December 2008 through November 2009; an additional 11 months. Amendment No. 6
provided for construction management services through the period ending in December 2008.
Tran Construction was retained by the City via its Job Order Contracting system and was provided a
Notice to Proceed No. 1 on December 7, 2006. The City released Tran Construction to proceed with
construction activities on January 12, 2007 via Notice to Proceed No. 2. Tran Construction was
terminated for convenience by the City in mid-November 2007 due to sub-standard quality work and
performance issues. During this period of time, the Consultant was providing construction
administration and resident project representation services and had utilized approximately 10 months
of its previously allocated 21 months of services as authorized via Amendment No. 6. After Tran
Construction was released, it was necessary to retain another contractor to assist in making the work
areas safe until a replacement contractor was retained.
During the period after the original contractor (Tran Construction) was released, the Consultant
assisted the City in establishing the work that was remaining to be performed so that a replacement
contractor could be retained to complete the assignment. This effort formed the basis for retaining
Unitech Builders Corporation by the City. Unitech Builders Corporation was issued a Notice to
Proceed No. 1 on January 4, 2008 and released for construction via the second Notice to Proceed on
January 8, 2008. Unitech Builders Corporation is anticipated to reach substantial completion this
month and final completion by the end of the year.
Construction management services have been provided by the Consultant since January 2007 to
date; a period of 35 months. It is important to note that the Consultant worked with the City in
Normandy Shores RPR
October 14, 2009
Page 3 of 3
minimizing manpower when required in an effort to maintain costs to a minimum. Also, the Consultant
has been providing services without payment since December 2008.
The Consultant's actual expenses above and beyond their contract value and detailed in its proposal
is $355,000. (See Attached.) This funding is available in the Project contingency. City staff which
included the Special Assistant to the City Manager, negotiated the work effort, the hourly billing rates,
and the scope of services during multiple meetings with the Consultant. In the final session during the
evening of October 2, 2009, the Consultant accepted compensation in the amount of $284,000 (a
20% reduction) based upon the agreement that the City and Consultant reach acceptable terms and
conditions for the Bayshore neighborhood construction management services. Should the City and
Consultant not be able to reach acceptable terms and conditions for the Bayshore neighborhood
construction management services, then the City is obligated to amend the Consultant's Normandy
Shores agreement in the amount of $71,000 in order to compensate the Consultant for its expended
and incurred effort of $355,000.
It is believed necessary to continue these services as projects of this magnitude necessitate a
qualified, full-time RPR to provide an on-site representative of the Consultant to observe and verify
that critical elements of the construction project are being complied with and that the general intent of
the construction documents is met. The RPR also maintains daily progress logs, verifies testing is
performed relative to the appropriate procedures, provides photographic records of the construction
progress, and reviews materials and workmanship used in the construction of the project to verify
compliance with critical elements of the construction specifications.
The RPR and staff assigned to this project have developed relationships with numerous residents and
have a familiarity with the particular issues on the project that others do not have, such as flooding
contingency plans and locations of underground utilities. CH2M Hill has also demonstrated good will
by continuing to provide on-site services and staffing the project at the level required for proper
oversight.
CONCLUSION:
The Administration recommends that the Mayor and City Commission authorize the City to execute
Amendment No. 9 to the existing Professional Services Agreement between the City of Miami Beach
and CH2M Hill to provide additional resident project representation and construction administration
services through completion of construction, in an amount not to exceed $284,000; with previously
appropriated funding from Stormwater Enterprise Fund 427, for Contingency, to be reallocated to
Design. These funds are programmed to be reimbursed from future Stormwater Bonds.
Attachment
JMGlTH/COC/JCC/RWS
T:WGENDA\2009\October 141Consent\Normandy Shores RPR MEMO.doc
SCHEDULE "A-9"
SCOPE OF SERVICES
CITY OF MIAMI BEACH
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NORMANDY SHORES NEIGHBORHOOD NO. 3
AMENDMENT NO. 9
SCOPE OF SERVICES
9.1 Schedule "A" entitled, "Scope of Services", Task 4 -Construction Management
Services, last sentence:
DELETE the last sentence in its entirety and REPLACE it with the following:
"CONSULTANT's level of effort is based upon a construction duration period of 1,120
calendar days."
9.2 Schedule "A-6", Task 5.7 - Resident Project Representative, second and third
sentences:
DELETE the second and third sentences in their entirety and REPLACE it with the
following:
"CONSULTANT's level of effort shall be generally based upon a period of up to 1,120
days of field representation and shall be all encompassing through construction
completion."
T:WGENDA\2009\October 14\Consent\Normandy Shores RPR Attachment 1.doc
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