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Amendment No. 2 with Atkins North America, Inc. Cell- X76 29 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ATKINS NORTH AMERICA, INC., DATED MAY 9, 2011 FOR ADDITIONAL BIDDING AND AWARD SERVICES REQUIRED UNDER A CONSTRUCTION MANAGEMENT AT RISK METHOD OF PROCUREMENT IN THE NOT-TO- EXCEED AMOUNT OF $11,974 This Amendment to the Agreement made and entered this 1 st day of July, 2012, 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 Atkins North America, Inc., a Florida Corporation having its principal office at 4030 West Boy Scout Boulevard, Suite 700,Tampa, Florida, 33607(hereinafter referred to as CONSULTANT). RECITALS WHEREAS,pursuant to Request for Qualifications(RFQ)No. 04-10/11,the Mayor and City Commission adopted Resolution No.2011-27628 on April 13, 2011, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Atkins North America, Inc., (CONSULTANT) for Professional Services for the South Pointe Pier Project(PROJECT); and WHEREAS, the Agreement provides for the design, bid, award and construction administration services for the South Pointe Pier Project in the not-to-exceed amount of$369,000; and WHEREAS,on February 2012,Amendment No. 1 to the Agreement was executed approving additional services required pursuant to the USACOE permit RAI process related to a new coral recipient site in Government Cut, in the not-to-exceed amount of$12,950; and WHEREAS,this Amendment No.2 to the Agreement shall be executed in the not-to-exceed amount of$11,974 is to provide additional bidding and award services required under a Construction Management at Risk method of procurement. NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements; terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as part of this Amendment No. 2 2. MODIFICATIONS The Agreement is amended to include"Schedule A-2", which is attached and incorporated herein. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The CITY and CONSULTANT ratify the terms of the Agreement, as amended by this Amendment No. 2. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH I'�/ Z By City Cie r Interim City Manager, Rafael a� Kathie G. Brooks � INCO RP ORATED � : ATTES CONSULTANT: �.�•• AT INS NORTH AMERICA, INC., B TITLE: LE: Print Name Print Name APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION R ity Attorn ,, ate F:\CAPIt5a11\Project FileslSouth Pointe Park Pier\0.0 Conti-acts,RFP's,RLI's,RFQ'st0.2 Contract\P:TKINS\Amendments\AnleridrTleni 2 A-';KINS- South Pointe Pier.doc SCHEDULE A-2 1. ADDITIONAL SCOPE OF SERVICES As per our Professional Services Agreement (PSA), the following post- design services are already defined under Task 3 -Bidding and Award Services and the associated fees have been established in the lump sum amount of$ 5,000.00 Task 3-BIDDING AND AWARD SERVICES • Task 3.1 Construction Contract Document Review: • Task 3.2 Bid Document Delivery • Task 3.3 Pre-Bid Conference • Task 3.4 Addenda Issuance • Task 3.5 Bid Evaluation and Bid Opening • Task 3.6 As Bid Contract Documents Atkins was authorized to commence with the Task 3 services in December 2011 when the City Commission determined it was in the City's best interest to seek a Construction Manager at Risk (CM) and Atkins was authorized to assist the CIP office in that regard. For example, on December 31, 2012 the Atkins project management team met with the City to review the CM qualification packages. Since December 2011, the CM procurement process has progressed and Atkins performed the following services as defined under Task 3 -BIDDING AND AWARD SERVICES: • Task 3.1 Construction Contract Document Review: This task has been completed. Atkins has provided the City with electronic copy of all project deliverables and has participated in construction contract meetings with the City and has responded to City agency comments. No further services are anticipated under this task. • Task 3.2 Bid Document Delivery: This task has been completed. Atkins has provided the City with the necessary sets of contract documents as requested. No further services are anticipated under this task. • Task 3.3 Pre-Bid Conference(s): This task has been completed. The Atkins project management team participated in the review of CM proposals and participated in a full day CM interview process in which Atkins provided technical information to the CM Selection Committee. No further services are anticipated under this task. • Task 3.4 Addenda Issuance: This task has been completed. Most recently Atkins at the direction of the City met with the selected CM and his designated marine contractor to discuss technical merits of potential design modifications under consideration by the CM. Additionally, Atkins participated in two (2) teleconferences with the CM to further discuss and review potential design modifications. While no formal "addenda"were issued, the services performed by Atkins constitute a response to numerous inquiries received from the CM. In this case, the CM and his designated marine contractor have inquired about possible design modifications. Atkins has reviewed these inquiries and has provided the City and CM with opinions and technical responses. No further services are anticipated under this task. • Task 3.5 Bid Evaluation and Bid Opening: This task is about to commence and Atkins will be providing the following services under this task as related to the IGMP and GMP process: o Attend the IGMP presentation ( held on 04.23.12) o Evaluate the IGMP submittal and provide written comments o Evaluate the GMP and provide written comments o Provide formal GMP award recommendation to the City Additional Services: Based on our meetings to date with the City and CM, Atkins understands that the CM will present a number of Value Engineering (VE) design modifications and/or VE related material substitutions for consideration,as potential project cost savings and these will likely include: o Design Modification - Concrete Pile Lengths o Design Modification - Concrete Pile Sizes o Design Modification - Precast Concrete Pile Caps o Design Modification- Post Tensioned Concrete Beams o Design Modification - Deck Grating - Material Change o Design Modification - Hand Railing and Guard Railing - Material Change o Design Modification - Entrance Gate - Material Change o Design Modification - Directional Bore for Underground Utilities o Design Modification — Concrete Mix Design — Admixture Changes It is our understanding that as the A/E of Record, Atkins would be expected to perform a review of the CM's proposed design modifications and/or material substitutions and offer a qualified opinion as to their adaptability, quality, aesthetics, contract amount change, life cycle functions and other considerations deemed in the best interest of the City.This effort would likely require a review of the structural design computations, plans and technical specifications including the research of the various products and materials proposed for modification. A review of"samples" of the proposed materials (ie: aluminum v. stainless steel)would also be required of Atkins.Ultimately,the City would rely on Atkins for any and all technical reviews and material acceptance recommendations. Additional Services: While services related to "alternative prices and unit prices" is included in Task 3.5 design modification reviews of the type noted above were not contemplated.These services would be considered Additional Services as defined by Article 5 of the Professional Services Agreement. Task 3.6 As-Bid Contract Documents: This task will be completed once the GMP has been accepted. This task as defined in the PSA would include the incorporation of all changes to the contract made via contract addenda. In this case, these changes would be made as a result of the IGMP and GMP process. Additional Services: Based on our understanding of this requirement, Atkins would be expected to formally incorporate any and all approved design modifications and approved material substitutions into the conformed Contract Documents (plans and specifications). Additionally,most if not all of the approved design modifications would require approval by the City of Miami Beach Building Department, other Departments and the DRB, as they would constitute a material change to the approved plans. Atkins would be required to resubmit plans and calculations for BD review as well as, other City Departments and possibly DRB. These services would be considered Additional Services as defined by Article 5 of the PSA. to the extent that incorporation of multiple design modifications into the Contract Documents and resubmitted to the BD is beyond the current scope. Based on recent proposals offered by the CM,the following design modifications may have to be incorporated into the confirmed Contract Documents. o Design Modification - Concrete Pile Lengths o Design Modification -Concrete Pile Sizes o Design Modification - Precast Concrete Pile Caps o Design Modification - Post Tensioned Concrete Beams o Design Modification -Deck Grating -Material Change o Design Modification - Wood Decking- Material Change o Design Modification - Hand Railing and Guard Railing- Material Change o Design Modification - Entrance Gate - Material Change o Design Modification - Directional Bore for Underground Utilities o Design Modification—Concrete Mix Design—Admix Changes o Design Modification—Alternative to Concrete Penetrate Sealers o City of Miami Beach Departments/DRB—Plans Resubmittal Summary: As outlined above, in conformance with Article 5 - Additional Services of the Professional Services Agreement,Atkins herein requests the City's approval and authorization to perform Additional Services under Task 3 - Bidding and Award Services. Not- to-Exceed Fee Based on the anticipated number of design modifications and material substitutions currently proposed by the CM, we estimate a level of effort not to exceed 80.0 manhours may be required to: l.) evaluate the technical issues associated with each.proposal, 2.) render written comments and recommendations to the City, 3.) incorporate the approved design modifications into the conformed Contract Documents and 4.) submit any design changes to the City Departments/DRB for review. This estimated level of effort would translate to additional fees not to exceed $11,974.00 which Atkins would perform on a certified time and material basis per the provisions of Article 5 of the PSA. A manhour breakdown and fee analysis has been prepared in conformance with the Hourly Billing Rates as stipulated in Schedule C of the PSA and is attached hereto as Exhibit 1. Closing Thank you for the opportunity to be of service to the City of Miami Beach. We trust the City will recognize that additional effort is required to review and address the numerous CM proposals and that this effort is beyond the scope of services as defined in the PSA and as contemplated by parties at the time of execution of the PSA. We also trust that the City will find the proposed manhours and not to exceed fee limitation to be fair and reasonable and can issue an Amendment (No. 2) to the PSA for the additional services described herein. Please do not hesitate to contact the undersigned with any questions or concerns. Your prompt reply will be appreciated. 2. PAYMENT AND COMPENSATION The scope of services described in this amendment shall be performed for a not-to-exceed amount of$11,974. Invoicing shall be as referenced in the original agreement. Consultant's request for additional services is attached for reference purposes. 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Brooks, Interim City Manager FROM: Fernando Vazquez, CIP Director VIA: Jorge Gomez, Assistant City Manager DATE: September 12, 2012 SUBJECT: Amendment No. 2 to the Professional Services Agreement for the South Pointe Pier Project Pursuant to RFQ No. 04-10/11,the Mayor and City Commission authorized the execution of the Professional Services Agreement with Atkins North America, Inc. (Atkins)on April 2011. Since April 2011,Atkins has provided services in accordance with their Agreement with the City,which included services for design, permitting, bidding and construction administration for the South Pointe Park Pier. Subsequent to the execution of the agreement with Atkins, on February 8, 2012, the City awarded the Pre-construction Service agreement to the Construction Management at Risk(CM) firm, the Weitz Company for the provision of pre-construction services during the design and permitting phase of the project. The City anticipated a conventional bid process but elected to proceed with a CM bid process thus impacting Atkins' bid phase services. The selection of a CM was initiated to procure a firm that could assist in constructability and value engineering reviews during the design phase with a resultant Guaranteed Maximum Price(GMP)that would offset any future change orders. Atkins is expected to perform a review of the CM's value engineering (VE)and constructability review recommendations. Theywill provide VE design modifications(including Structural design and calculations) and the implementation of material substitutions to address the selected alternates during the negotiation of the GMP.They will also provide their qualified opinion as to the adaptability, quality, aesthetics, contract price changes and life cycle impacts to determine the best value for the City. The additional services includes several meetings to define the final design modifications, open the sub-contract bids and negotiate the final GMP. If you require er larification, please do not hesitate to call me. Sin ely, Fer ndo Vazquez, PE, CIP Director C pital Improvements Office FV/mer i We are committed to providing excellent public service and safety to all who live,work,and play in our vibrant,tropical,historic community.