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2011-27630 Reso RESOLUTION NO. 2011 - 27630 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AMENDMENT NO. 9 TO THE AGREEMENT BETWEEN THE CITY AND EAC CONSULTING, INC., DATED JULY 27, 2005, FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 42 -03/04 FOR THE BISCAYNE POINT NEIGHBORHOOD RIGHT -OF -WAY IMPROVEMENT PROJECT; SAID AMENDMENT FOR VALUE ENGINEERING SERVICES, ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES, AND RESIDENT PROJECT REPRESENTATION (RPR) SERVICES (FOR A PERIOD OF UP TO TWENTY -FOUR MONTHS), IN THE NEGOTIATED LUMP SUM AMOUNT OF $358,684, PLUS AN ADDITIONAL NOT -TO- EXCEED AMOUNT OF $9,246 FOR REIMBURSABLE EXPENSES, FOR A TOTAL NOT -TO- EXCEED AMOUNT OF $367,930; WITH PREVIOUSLY APPROPRIATED FUNDING, IN THE AMOUNT OF $97,362, FROM FUND 376, AND FUNDING, IN THE AMOUNT OF $90,648, FROM FUND 420; AND FURTHER APPROPRIATING FUNDING, IN THE AMOUNT OF $179,920, FROM FUND 429, STORM WATER PROJECTS LINE OF CREDIT, WITH SUCH FUNDS TO BE REPAID FROM PROPOSED FUTURE STORM WATER BONDS. WHEREAS, on July 27, 2005, the Mayor and City Commission adopted Resolution No. 2005 - 25973, approving and authorizing the Mayor and City Clerk to execute an Agreement with EAC Consulting Inc. (Consultant), for Professional Architectural and Engineering Services for the Biscayne Point Neighborhood Right - of -Way (ROW) Improvement Project (the Project); and WHEREAS, the Agreement provides for the planning, design, bidding and award, construction administration, and reimbursables for the Project; and WHEREAS, the Agreement was executed in the amount of $1,186,807; and WHEREAS, on March 6, 2006, the Mayor and City Commission approved Resolution No. 2006 - 26133, approving Amendment No. 1 to the Agreement, in the amount of $129,325, for professional services for the design, permitting and construction of an additional 11,000 linear feet of water main infrastructure required by the City's Public Works Department; and WHEREAS, on January 6, 2009, Amendment No. 2 to the Agreement was administratively approved by the City Manager, in the amount of $24,924, for additional storm water system modeling services; and WHEREAS, on January 28, 2009, the Mayor and City Commission approved Resolution No. 2009 - 26979, approving Amendment No. 3 to the Agreement, in the amount of $27,000, for additional professional services for the inclusion of Pavement Markings and Signage drawings which were not included in the original design; and WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Resolution No. 2009 - 27191, modifying the approved Basis of Design Report (BODR) to change the design of Stillwater Drive, the 77 Street entryway, provide improvements to the Tatum Waterway Bridge, and provide additional neighborhood signage; and WHEREAS, on December 9, 2009, the Mayor and City Commission approved Resolution No. 2009 - 27257, approving Amendment No. 4 to the Agreement, in the amount of $113,984, for additional professional services to design storm water pump stations; and WHEREAS, on December 9, 2009, the Mayor and City Commission also approved Resolution No. 2009 - 27258, approving Amendment No. 5 to the Agreement, in the amount of $75,664, for additional design and construction administration services for the redesign of Stillwater Drive (as per the revised BODR requirements addressed in Resolution No. 2009 - 27191); and WHEREAS, Amendment No. 6 is currently being processed for the City Manager's administrative approval, in the amount of $3,522, for additional services to investigate, assess, and recommend alternative swale reinforcement methodologies to be utilized along Stillwater Drive; and WHEREAS, Amendment No. 7 is currently being processed for the City Manager's administrative approval, in the amount of $7,251, for additional services to conduct an assessment of existing seagrasses, conduct and evaluate salinity readings, and provide a report of findings for areas near the Project's storm water outfalls as requested by the Miami -Dade County Department of Environmental Resources Management (DERM) for the Class II Permit; and WHEREAS, Amendment No. 8 is currently being processed for the City Manager's administrative approval, in the amount of $24,974, for additional services to provide the design and construction administration services for the Project's irrigation design as requested by the City's Parks and Recreation Department; and WHEREAS, the following Amendment No. 9, in the amount of $367,930, is for value engineering services, additional construction administration services, and Resident Project Representation (RPR) services for a period of up to twenty -four (24) months. 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. 9 to the Agreement between the City and EAC Consulting, Inc., dated July 27, 2005, for Professional Architectural and Engineering Services pursuant to Request for Qualifications No. 42 -03/04 for the Biscayne Point Neighborhood Right -of -Way Improvement Project; said Amendment for value engineering services, additional construction administration services, and Resident Project Representation (RPR) services (for a period of up to twenty -four (24) months), in the lump sum amount of $358,684, plus an additional not -to- exceed amount of $9,246 for reimbursable expenses, for a total not -to- exceed amount of $367,930; with previously appropriated funding, in the amount of $97,362, from Fund 376, and funding, in the amount of $90,648, from Fund 420; and further appropriating funding, in the amount of $179,920, from Fund 429, Storm Water Projects Line of Credit, with such funds to be repaid from proposed future storm water bonds. PASSED and ADOPTED this /3/h day of Ap riJ 2011. ATTEST: (AURA Petit C6-4-"■ 0 ; Arai „ir r Allir ROBERT I PARCHER, CITY CLERK MA I H - RE A = OWER, MAYOR JMG /DB /FV T.\AGENDA\2011 \ \4 -13 -11 \Biscayne Point - EAC Amendment No. 9\Biscayne Point - EAC Amendment No. 9 - RESO.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION , ; /Li 1 _,,,,,, if S ity Attorney D 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. 9 to the agreement between the City and EAC Consulting, Inc., dated July 27, 2005, for Professional Architectural and Engineering Services Pursuant to Request for Qualifications No. 42 -03/04 for the Biscayne Point Neighborhood Right -of -Way Improvement Project; said amendment for value engineering services, additional construction administration services, and Resident Project Representation (RPR) services (for a period of up to twenty -four months), in the lump sum amount of $358,684, plus an additional not -to- exceed amount of $9,246 for reimbursable expenses, for a total not -to- exceed amount of $367,930; with previously appropriated funding, in the amount of $97,362, from Fund 376, and funding in the amount of $90,648, from Fund 420; and further appropriating funding, in the amount of $179,920, from Fund 429, Storm Water Projects Line of Credit, with such funds to be repaid from proposed future storm water bonds. Key Intended Outcome Supported: Ensure well designed quality capital projects. Supporting Data (Surveys, Environmental Scan, etc.): Completed Capital Improvement Projects are a key positive driver in resident perceptions on overall quality of life. The 2009 Customer Satisfaction Survey indicated that 51.8% and 85.0% of North -Beach residents rated storm drainage and landscape maintenance in right -of -ways and public areas as excellent or good, respectively. Completing this Project will add to the needed upgrades in this area and improve overall rating. Issue: I Shall the Mayor and City Commission approve the Resolution? Item Summary /Recommendation: On March 9, 2011, the Mayor and City Commission authorized the award of a contract to David Mancini & Sons, Inc. (DMSI) for the Biscayne Point Right -of -Way Improvements Project. As part of the award, the Mayor and City Commission authorized the Administration to engage in value engineering to reduce the cost and completion time of the project and awarded the contract subject to a level of service review of the plans by the City's Public Works Department. The construction administration fees approved in the Consultant's Agreement were limited to basic services in the amount of $167,377, which represents 1.5% of the total cost of construction. The original agreement did not include post award value engineering services and RPR services from the Consultant. The Administration now proposes to provide additional construction administration services for the project's pump station design, value engineering services, and RPR services. Execution of Amendment No. 9 approves additional services to provide value engineering services, additional construction administration services, and RPR services for a period of up to twenty -four months (24) for the Biscayne Point Right -of -Way Improvements project for a lump sum fee of $23,392, $8,364, and $326,928, respectively, and a not -to- exceed amount of $9,246 for reimbursable expenses, for at total amount of $367,930. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 $97,362 376- 2321 - 061357 2 $90,648 420 - 2321 - 000356 3 $179,920 429 - 2321 - 069357 it: PI Total $367,930 Financ al Impact Summary: City Clerk's Office Legislative Tracking: Janette Fernandez Arencibia, Capital Projects Coordinator, ext. 6596 Sign - Offs: Department Director Assistant C ty nager City Mager .147/ DB JMG JMG /DB /FV T:\AGENDA\2011 \4 -13 -11 \Biscayne Point - EAC Amendment No. 9 \Biscayne Point - EAC Amendment No. 9 - SUMMARY.doc AGENDA ITEM C 7. MIAMIBEACH DATE I l - l3 /I to MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: April 13, 2011 • SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR THE CITY CLERK TO EXECUTE AMENDMENT NO. 9 TO THE AGREEMENT BETWEEN THE CITY AND EAC CONSULTING, INC., DATED JULY 27, 2005, FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 42-03/04 FOR THE BISCAYNE POINT NEIGHBORHOOD RIGHT -OF -WAY IMPROVEMENT PROJECT; SAID AMENDMENT FOR VALUE ENGINEERING SERVICES, ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES, AND RESIDENT PROJECT REPRESENTATION (RPR) SERVICES (FOR A PERIOD OF UP TO TWENTY -FOUR MONTHS), IN THE NEGOTIATED LUMP SUM AMOUNT OF $358,684, PLUS AN ADDITIONAL NOT -TO- EXCEED AMOUNT OF $9,246 FOR REIMBURSABLE EXPENSES, FOR A TOTAL NOT -TO- EXCEED AMOUNT OF $367,930; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $97,362, FROM FUND 376, AND FUNDING, IN THE AMOUNT OF $90,648, FROM FUND 420; AND FURTHER APPROPRIATING FUNDING, IN THE AMOUNT OF $179,920 FROM FUND 429, STORM WATER PROJECTS LINE OF CREDIT, WITH SUCH FUNDS TO BE REPAID FROM PROPOSED FUTURE STORM WATER BONDS. ADMINISTRATION RECOMMENDATION Approve the Amendment. KEY INTENDED OUTCOME Ensure value and the timely delivery of a quality capital project. FUNDING Funding in the amount of $97,362 and $90,648 has been previously appropriated from Fund 376 and Fund 420 in the Capital Budget, respectively. Funding in the amount of $179,920 shall be appropriated from Fund 429, Storm Water Projects Line of Credit, to be repaid from proposed future storm water bonds. BACKGROUND On October 15, 2003, the Mayor and City Commission adopted Resolution No. 2003 - 25376, approving the Infrastructure Improvement Program Basis of Design Report (BODR) for the Biscayne Point Neighborhood prepared by The Corradino Group, Inc. This BODR was the culmination of a comprehensive planning effort that included input from and reviews by residents, various City Departments, and the Design Review Board (DRB). After several attempts to negotiate a reasonable fee City Commission Memorandum - EAC Amendment No. 9 Memo April 13, 2011 Page 2 of 4 for the design, bid and award, and construction administration of the project, the City terminated its relationship with The Corradino Group Inc. On October 13, 2004, the City issued a Request for Qualifications (RFQ), to select another Consultant to complete the Biscayne Point Neighborhood Improvement Project. As a result, on July 27, 2005, the Mayor and City Commission adopted Resolution No. 2005 - 25973, approving and authorizing the Mayor and City Clerk to execute an agreement with EAC Consulting, Inc. (the Consultant) to provide Professional Engineering and Landscape Architecture consulting services for the Biscayne Point Neighborhood Right -of -Way (ROW) Improvement Project in the amount of $1,186,807. Since the execution of the original Agreement, there have been a total of eight (8) amendments which have been either approved by the City Commission or administratively approved. The previous amendments will result in a total contract value of $1,593,451 once all have been fully executed. A complete list of the executed amendments and proposed amendments for this project has been provided in Attachment A. ANALYSIS Invitation to Bid (ITB) No. 07 -10/11 was issued on November 30, 2010, with an opening date of January 27, 2011. The Technical Review Panel (TRP) convened the week of February 14, 2011, to shortlist and interview prospective bidders and recommended to the City Manager that the Biscayne Point project contract be awarded to David Mancini & Sons, Inc. (DMSI) as the lowest and best bidder for the project. The City Manager then exercised his due diligence and recommended to the Mayor and City Commission to award the contract to DMSI. On March 9, 2011, the Mayor and City Commission authorized the award of a contract to DMSI for the Biscayne Point Right -of -Way Improvements Project. As part of the award, the Mayor and City Commission authorized the Administration to engage in value engineering to reduce the cost and completion time of the project and awarded the contract subject to a level of service review of the plans by the City's Public Works Department. The Consultant's original contract did not provide for value engineering services to assist the City with value engineering alternatives proposed by the Contractor. In order to evaluate the compliance of any proposed substitutions or design modifications with the design criteria and contract documents, the Consultant must be involved in all the value engineering discussions. In this amendment, the Consultant is requesting additional services to participate in the value engineering process. Their proposed services would include engineering analyses, assessments, verification, and investigations required to ascertain the merit and benefits of the value engineering proposals provided by the Contractor prior to the commencement of construction activities. The consultant will attend value engineering meetings, conference calls, coordinate, provide responses and make recommendations regarding to the proposed options. When the Agreement was originally negotiated, the scope of services for the Biscayne Point Right -of- Way Improvements project was based on the BODR that was completed for the neighborhood. The BODR provided only a preliminary analysis of the existing storm water system which did not allow for the development of a comprehensive storm water system design concept. As such, the scope of services included as part of the Agreement did not include those construction administration services associated with constructing a storm water pump station design which was introduced into the project in Amendment No. 5 to the Agreement. As part of this Amendment No. 10, the Consultant is requesting additional services to perform construction administration services for the pump station design. The construction administration services would now be expanded to include the additional hours required for attending and participating in additional weekly construction progress meetings, providing additional technical submittal reviews, and reviewing and responding to additional RFIs, CDCs, COs, processing of shop drawings, performing additional specialty site inspection and reporting services, City Commission Memorandum - EAC Amendment No. 9 Memo April 13, 2011 Page 3 of 4 preparing substantial completion documents, participating in the project close -out process, including preparing project record drawings and certifying that the Project was constructed in accordance with the Construction Documents. The Consultant will be responsible for developing a "punch list" of items needing completion or correction, prior to consideration of final acceptance. Based on successful completion of all outstanding work items by the Contractor, the Consultant shall assist City in closing out the construction contract. The Consultant shall also coordinate with the Contractor as necessary to transfer record drawing markups, and update the corresponding CAD files for record purposes and to certify the Project as complete, in accordance with all applicable jurisdictional permitting requirements. The fee being requested by the Consultant for the project close -out services is included as part of the construction administration services. To effectively manage the construction of the Biscayne Point Right -of -Way Improvements project, the Administration has determined that it would be necessary to have a full -time qualified Resident Project Representative (RPR) to provide adequate daily field observation in addition to construction administration services. These services are necessary to verify that critical elements of construction are properly completed and that the general intent of the Contract Documents is being met. The Consultant's original contract did not provide for resident project representative services and only allowed for a limited amount of construction administration services throughout the duration of the project. The approved construction administration fees under the original contract were $167,377, which represent 1.5% of the total cost of construction. RPR and construction administration services are typically between 5.0% and 10% of the total construction value. In 2003, when the original contract was negotiated, the RPR services for the project were anticipated to be provided by Hazen and Sawyer, Inc., the Program Manager at the time the design of the project was initiated. By terminating the continuing professional services agreement with the Program Manager, the RPR role for the Biscayne Point Right - of -Way Improvements project became vacant and the services unfulfilled. As part of Amendment No. 10, EAC proposes to assume the role and responsibilities of the RPR and provide the required close -out certifications, certifications which were originally to be completed by the Program Manager. The City has negotiated with EAC for full -time RPR services in order to provide adequate project oversight for a construction duration period of up to twenty -four (24) months. EAC's RPR services for the project would entail observing the project construction and determining if the Contractor is adhering to the Construction Documents; attending weekly construction meetings; maintaining daily logs of the job conditions; monitoring independent testing laboratories; providing photo documentation of the site before, during, and at the close -out of construction; reviewing materials and workmanship for acceptability; verifying quantities of work installed in the field and reviewing contractor payment requisitions; monitoring as -built documentation; coordinating with the project team to address Requests for Information (RFIs), Contract Document Clarifications (CDCs), Change Orders (COs) and Field Orders. The RPR shall be onsite at all times while the Contractor is performing work. Consultant's level of effort is based on the assumption that the RPR shall monitor all Contractor work crews as specified by the Consultant in the Contract Documents. These services would be in addition to the basic construction administration services provided in the original contract scope of services and those additional construction administration services proposed in this amendment. Once this Amendment has been approved by the City Commission and executed by the Mayor, the Consultant shall commence with the value engineering services. We estimate that value engineering discussions will take approximately eight (8) weeks to complete and permitting revisions to take an additional four (4) to six (6) weeks. As such, Construction on the Biscayne Point Right -of -Way Improvements project would commence sometime in the 3rd quarter of 2011. It is important to note that changes to the current set of plans will require a change order to the construction contract, an exact estimate of which cannot be determined at this time. City Commission Memorandum - EAC Amendment No. 9 Memo April 13, 2011 Page 4 of 4 Execution of Amendment No. 9 approves additional services to provide value engineering services, additional construction administration services, and RPR services for a period of up to twenty -four months (24) for the Biscayne Point Right -of -Way Improvements project for a lump sum fee of $23,392, $8,364, and $326,928, respectively, and a not -to- exceed amount of $9,246 for reimbursable expenses, for at total amount of $367,930. The Consultant's proposed construction administration/ RPR services fee as a percent of the Project's total construction cost is lower than customary for construction administration/ RPR services. CONCLUSION: The Administration recommends that the Mayor and City Commission authorize the Mayor and City Clerk to execute Amendment No. 9 to the agreement between the City of Miami Beach and EAC Consulting, Inc. for Professional Architectural and Engineering Services Pursuant to the Request for Qualifications No. 42 -03/04 for the Biscayne Point Neighborhood Right -of -Way Improvement Project, dated July 27, 2005, for value engineering services, additional construction administration services, and Resident Project Representation (RPR) services (for a period of up to twenty -four months), in the lump sum amount of $358,684 plus an additional not -to- exceed amount of $9,246 for reimbursable expenses, for a total not -to- exceed amount of $367,930; with previously appropriated funding in the amount of $97,362 from Fund 376 and funding in the amount of $90,648 from Fund 420; and further appropriating funding in the amount of $179,920 from Fund 429, Storm Water Projects Line of Credit, with such funds to be repaid from proposed future storm water bonds. ATTACHMENTS: Attachment A -- Executed Amendments JMG /DB /FV i : yAGENDA ' v2011 v4 -13 -11 yBiscayne Point - EAC Amendment No. 91Biscayne Point - EAC Amendment No. 9 - MEMO doc ATTACHMENT A EXECUTED AMENDMENTS On March 8, 2006, the Mayor and City Commission adopted Resolution No. 2006 - 26133, approving and authorizing the Mayor and City Clerk to execute Amendment No.1 to the Professional Architecture /Engineering (NE) Services Agreement (Agreement) between the City of Miami Beach (City) and EAC Consulting, Inc. (Consultant) for the design, permitting and construction of an additional 11,000 linear feet of water main infrastructure required by the City's Public Works Department. Amendment No. 1 increased the original contract value by $129,325, for a total contract value of $1,316,132. On January 6, 2009, Amendment No. 2 was administratively executed by the City Manager, in the amount of $24,924, for additional stormwater modeling services to find an alternative stormwater treatment and disposal system for the project. Based on the survey conducted for the project a gravity based system, as specified in the BODR, would not provide sufficient drainage capacity to meet the required design criteria. Amendment No. 2 increased the contract value, for a total contract value of $1,341,056. On January 28, 2009, the Mayor and City Commission adopted Resolution No. 2009 - 26979, approving and authorizing the Mayor and City Clerk to execute Amendment No. 3 to the Agreement for additional professional A/E services to provide Pavement Marking and Signage Plans, which were not a part of the Agreement Scope of Services. Amendment No. 3 increased the contract value by $27,000, for a total contract value of $1,368,056. On December 9, 2009, the Mayor and City Commission adopted Resolution No. 2009 -27257 and Resolution No. 2009 - 27258, approving and authorizing the Mayor and City Clerk to execute Amendment No. 4 and Amendment No. 5 to the Agreement, respectively. Amendment No. 4 provided for additional design services associated with the stormwater treatment and disposal system, including the addition of three (3) pump stations, associated piping and structures needed to comply with the regulatory agencies' requirements. Amendment No. 5 provided for additional design and construction administration services to redesign Stillwater Drive as per the revised BODR requirements, addressed in Resolution No. 2009 -27191 which was adopted by the Mayor and City Commission on September 9, 2009. Amendment No. 4 increased the contract value by $113,984 and Amendment No. 5 increased the contract value by an additional $75,664, for a total contract value of $1,557,704. Amendment No. 6 and Amendment No. 7 to the Agreement are currently being processed for the City Manager's administrative approval. Amendment No. 6 provided for additional services to investigate, assess, and recommend alternative swale reinforcement methodologies to be utilized along Stillwater Drive. Amendment No. 7 is for additional services to conduct an assessment of existing segrasses, conduct and evaluate salinity readings, and provide a report of findings for areas near the Project's storm water outfalls as requested by the Miami Dade County Department of Environmental Resources Management (DERM) for the Class II Permit. Amendment No. 6 would increase the contract value by $3,522 and Amendment No. 7 would increase the contract value by an additional $7,251, for a total contract value of $1,568,477. Amendment No. 8 to the Agreement is currently being processed for the City Manager's administrative approval. Amendment No. 8 provides to design, permit, and provide bidding and construction phase assistance for the irrigation system for the Biscayne Point Neighborhood Improvements Project which includes the Stillwater, Biscayne Point, and Biscayne Beach sub - neighborhoods. Amendment No. 8 would increase the Consultant's total contract value by a not -to- exceed amount of $24,974, for a total contract value of $1,593,451.