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Amendment 4 to PSA with Atkins North America, Inc. X0/3- c2:?joro EXHIBIT A AMENDMENT NO.4 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ATKINS NORTH AMERICA, INC., DATED MAY 9, 2011 FOR SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES IN THE NOT-TO- EXCEED AMOUNT OF $300,852 FOR THE SOUTH POINTE PARK PIER PROJECT This Amendment to the Agreement made and entered this day of AW , � �'.�, 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 E j WHEREAS,pursuant to Request for Qualifications(RFQ)No.04-10/11,the Mayorand 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 Park Pier Project(PROJECT);and WHEREAS, the Agreement provides for the design, bid, award and construction administration services for the South Pointe Park 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,Amendment No.2 to the Agreementwas executed approving additional bidding and award services required under a Construction Management at Risk method of procurement in the not-to-exceed amount of$11,974; and WHEREAS, Amendment No. 3 to the Agreement was executed approving additional coordination in the FDEP—CCCL permit RAI process in the not-to-exceed amount of$15,120;and WHEREAS,this Amendment No.4 to the Agreement in the amount of$300,852 will provide supplemental construction administration services for an on-site representative to monitor the construction and environmental permitting requirements for a period of twelve(12)months and will also include geotechnical services to perform Pile Dynamic Analyzer(PDA)tests as specified in the contract documents for the South Pointe Park Pier Project. NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as part of this Amendment No. 4. 2. MODIFICATIONS The Agreement is amended to include"Schedule A-4",which is attached and incorporated herein. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The CITY and CONSULTANT ratify the terms of the Agreement, as amended by this Amendment No. 4. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH 3 _ 8�� - - - - - -- City lark, �\ :�•' , Matti Herrera Bower Rafael Granado ay or INCORP CRATED - - - - . r ATTEST: ;?9 SULTANT: r�.C11 ;��' %" TKINS NORTH AMERICA, INC., r'e' `�" By TILE: Assistant Secretary LE: Senior Vice President Rene de los Rios David J. Carter Print Name Print Name 00o��e�a����o� j eooey�Gap�POR,tr��0016 m m SEAL APPROVED AS TO 1960 FORM & ANGUAGE FOR CUTIO Ci tt me Date F:ICAPh$all\Project Files\South Pointe Park PieA0.0 Contracts,RFP's,Rt_I's,RFQ's10.2 Contract\AT KIN SIAmendments\Amendment 3-ATKINS- South Pointe Pier.doc SCHEDULE A-4 TO THE PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC. FOR THE SOUTH POINTE PARK PIER PROJECT SCHEDULE A SCOPE OF SERVICES Task 4—Supplemental Construction Administration Services for the South Pointe Park Pier Project: As supplemental services to the TASK 4 - CONSTRUCTION ADMINISTRATION SERVICES, Atkins North America, Inc. (CONSULTANT) shall perform related on-site construction representative duties and responsibilities as outlined herein: • Provide the services of an on-site, full time construction representative acting as a Special Inspector, to provide oversight of the Construction Manager at Risk's (CONTRACTOR's) project progress and quality control programs as well as, to facilitate coordination between the design team, the CONTRACTOR, the CITY and applicable regulatory agencies. The i CONSULTANT will perform project documentation work off-site, in a construction field office provided by the CONTRACTOR, the CITY and/or at the home office of the CONSULTANT. The construction representative services will be invoiced on a lump sum fee basis inclusive of all labor and expenses. Compensation to the CONSULTANT shall be based on twelve 1 (12) equal payments for construction representative services rendered on monthly basis, for a period of twelve (12) months, in concert with the approved construction baseline I schedule. • Perform underwater SCUBA dive inspections of the completed pile installation work in compliance with the duties of a Special Inspector and as authorized by the CITY. A total of three (3) SCUBA dive inspections are programmed throughout the project. The labor for the authorized underwater SCUBA dive inspections and reporting services will be invoiced based on actual time expended by the CONSULTANT dive team, times the applicable hourly billing rates per job classification as stipulated in Schedule C - Hourly Billing Rate Schedule. Certified CONSULTANT time sheets shall be submitted with each invoice. The equipment costs for the authorized underwater SCUBA dive inspections and reporting services will be invoiced as reimbursable expenses. Copies of invoices for equipment rentals(i.e: dive boat, SCUBA gear, travel, etc.) will be submitted with each invoice. • Provide the services of a specialty Geotechnical Engineering firm (authorized subconsultant) to perform up to three (3) Pile Dynamic Analyzer(PDA) tests in concert with the development of pile installation procedures, as specified by the Contract Documents and as authorized by the City. Construction material sampling and testing as required by SOUTH POINTE PARK PIER PROJECT Page 1 of 7 AMENDMENT No.4—12/21/2012 i the Contract Documents shall be undertaken by an independent testing laboratory engaged by the CITY under a separate agreement. The PDA testing services will be undertaken in accordance with the approved service agreement inclusive of an approved scope of services and fees. The CONSULTANT shall invoice these services as a Reimbursable Expense. • Provide the services of a specialty Geotechnical Engineering firm (authorized subconsultant) during pile driving activities to address any unforeseen conditions requiring site specific geotechnical expertise and consultation related to the installation of the new pier pilings. The services will be undertaken with the approval of the CITY in accordance with the approved service agreement inclusive of an approved scope of services and fees. The CONSULTANT shall invoice these services as a Reimbursable Expense. 7.1 General Coordination: The CONSULTANT will communicate periodically with the CITY and CITY's inspector related to progress on the project and any issues that are being addressed. ` The CONSULTANT will report on concerns as it relates to the construction effort and activities. In addition, the CONSULTANT shall also coordinate with the contractor's Public Information Officer where notifications such as utility outages, road closures, etc. may be required. The CONSULTANT will monitor and verify that the CONTRACTOR has made the required notifications to the utility owners, residents and businesses as may be required. 7.2 Full-Time Field Representative and Construction Engineering Inspections: The CONSULTANT shall conduct field inspections throughout the construction phase of the project. The field representative services are predicated on twelve (12) months project duration (January 2012 to January 2013). The field representative shall be present at the construction site daily during the construction phase of the project and will be expected to be available, as needed, throughout the CONTRACTOR's 8-hour work day, 40-hour work week, excluding weekends and CITY holidays. The CONSULTANT may perform project documentation work off-site, in a construction field office provided by the CONTRACTOR, the CITY or at the home office of the CONSULTANT. The CONSULTANT shall provide inspection services during pile driving activities to record and document the installation of the each piling in conformance with the duties of a Special Inspector. The CONSULTANT shall also perform underwater SCUBA dive inspections of the completed pile work in compliance with the duties of a Special Inspector and as authorized by the CITY. 7.2.1 Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite, the CONSULTANT will check the materials certifications and samples and verify that an approved shop drawing was submitted for the material in question. If it is determined that a submittal as not been approved, the CONSULTANT shall immediately notify the CITY and issue a Non-Compliance Notice. The CONSULTANT will direct and supervise the sampling and testing of materials to be performed by the CITY's i independent testing laboratory. The CONSULTANT shall maintain test report logs which SOUTH POINTE PARK PIER PROJECT Page 2 of 7 AMENDMENT No.4—12/21/2012 shall be submitted to the CITY for review on a monthly basis and uploaded to the CITY's E-Builder document management system on a weekly basis. CONSULTANT shall also review invoices submitted by the independent testing laboratories and recommend payment by the CITY. 7.2.2 Issuance of Non-compliance Notices: The CONSULTANT will be responsible for notifying the CITY when they become aware of a condition that is believed to be in non- compliance with Construction Documents. Anytime the CONSULTANT notices a potential construction problem or a condition that could result in non-complying materials, equipment or workmanship, the CONSULTANT will need to determine whether the condition poses an immediate threat to public health or safety. If a condition does not pose a threat to public health or safety, immediate verbal notification or "Pre-Noncompliance Notice" of the potential non-compliance should be made to the CONTRACTOR and the CITY. This verbal notice shall be documented in the CONSULTANT's daily report and shall advise the CONTRACTOR of potential construction problems, errors, or deficiencies that can be promptly resolved and do not warrant a Non-compliance Notice. If the CONTRACTOR fails to respond to the verbal notification within a reasonable timeframe, the CONSULTANT will notify the CITY and the CITY's Projects Coordinator will issue a Non-compliance Notice. If a condition poses an immediate threat to public health or safety, the CONSULTANT will notify the CONTRACTOR and CITY immediately and the CITY's Projects Coordinator will issue a Non-compliance Notice to the Contractor. Non- compliance Notices will include a description of the Work that does not meet the construction contract requirements, along with a required timetable for corrective work to be implemented by the Contractor. Other items that should be included in the Notice include a reference to the provision of the Construction Documents that has been violated. I 7.2.3 Damage to Existing Facilities: The CONSULTANT will identify any existing facilities damaged by the CONTRACTOR and verify that the CONTRACTOR has notified the respective owner(s). Include record of such occurrences in the daily reports. 7.2.4 Schedule: CONSULTANT will review the construction schedule, monitor the progress of construction, and ensure that Contractor's adherence to the schedule. The CONTRACTOR will be required to submit a detailed schedule to the CONSULTANT at the pre-construction meeting. This schedule will be reviewed and approved by the CONSULTANT and the CITY. This schedule will be updated on a by weekly basis by the Contractor; however, the CONSULTANT will be responsible for reviewing the Contractor's schedule to confirm accuracy of the work activities completed. Analysis of the CONTRACTOR schedule will be on the basis of planned versus actual costs for the month and construction contract to date. CONSULTANT shall verify that the CONTRACTOR is uploading approved schedule and schedule updates to the CITY's E-Builder document management system. 7.3 Daily Reports: The CONSULTANT will prepare daily reports, on the same date as construction occurs, to record the daily performance of the CONTRACTOR as well as other significant construction related matters. Daily Reports shall be uploaded to the CITY's E- Builder document management system by the CONSULTANT. The daily reports shall include records of when the CONTRACTOR is on the job-site, general field observations, weather conditions, change orders, changed conditions, list of job site visitors, daily drilling and testing activities, testing results, testing observations, and records of the outcome of tests and inspections. At a minimum the daily reports will contain the following information: SOUTH POINTE PARK PIER PROJECT Page 3 of 7 AMENDMENT No.4—12/21/2012 i i • Weather and general site conditions • Contractor's work force counts by category and hours worked • Description of work performed including location • Equipment Utilized • Name of visitors to the jobsite and reason for the visit • Tests made and results • Construction difficulties encountered and remedial measures taken • Significant delays encountered and apparent reasons why • Description of(potential)disputes between the CONTRACTOR and CITY • Description of(potential)disputes between the CONTRACTOR and residents • Summary of additional directions that may have been given to the Contractor • Detailed records of materials, equipment and labor used in connection with extra work, or where there is reason to suspect that a claim or request for Change Order may be submitted by the Contractor • Summary of any substantive discussions held with the CONTRACTOR and/or CITY • Summary of nonconforming work referenced to corresponding Non-Compliance Notice • A log of photographs taken • Photographic Record: CONSULTANT shall provide a photographic record of the overall progress of construction, beginning with preconstruction documentation, following with on- going construction documentation, and ending with post-construction documentation. Photographs shall be digital snapshot type take to define the progress of the project and shall be filed electronically by month in the CITY's E-Builder document management system, labeled by date, time and location. The CONSULTANT will upload all photos to the E-Builder document management system on a weekly basis. 7.4 Pay Requisitions: CONSULTANT shall verify Contractor's pay requisition and sign-off on all pay requisition quantities in the field. CONSULTANT shall be responsible for reviewing with the CONTRACTOR the monthly payment requisition to confirm the status of completed and uncompleted work and stored materials. The CONSULTANT shall advise the CITY of quantities being approved for subsequent concurrence for payment purposes. Payment requisitions shall be certified by the CONSULTANT. CONSULTANT will prepare a Final Certificate for Payment. 7.5 Record Drawings: CONSULTANT will monitor that record drawing mark-ups are properly maintained by the Contractor. At a minimum, the CONSULTANT will review the record drawing mark-ups every month, or more often, as deemed necessary. Contractors failure to maintain the record drawings in up-to-date condition may be deemed grounds for withholding Contractor's monthly payment requisitions until such time as the record drawings are brought up-to-date. The CONSULTANT will notify the CITY if it considers the mark-up documents insufficient. The CITY will make final determination of payment withholding. 7.6 Safety: CONSULTANTs will be expected to recognize a hazard that any reasonable non- safety professional might be expected to recognize. In addition, those safety obligations extend only to recognizable hazards that the CONSULTANT may note while in the normal conduct of onsite business. if a situation presents itself, the following procedures should be followed: • Immediately direct personnel to remove'themselves from the apparent danger, SOUTH POINTE PARK PIER PROJECT Page 4 of 7 AMENDMENT No.4—12/21/2012 • Notify the CONTRACTOR's superintendent of the apparent condition that caused the concern and that the affected personnel were directed to remove themselves accordingly, • Notify the CONTRACTOR of the situation that arises concern, both in writing and verbally, • Issue a written Notice of Noncompliance stating that the CONTRACTOR should take immediate action as it deems necessary to correct the deficiency/condition,. • Write a full report in the Daily Report on the condition found to be unsafe, all actions taken, and correspondence written, including times and names, • Take photographs of the concern, • If the CONTRACTOR does not make corrections, the CONSULTANT should notify the CITY, • The CONSULTANT will review the situation with the CITY for further direction, • The condition, as well as all conversations and correspondence, will be recorded in the CONSULTANT's Daily Report, • In case of a construction-related accident, CONSULTANT will notify the CITY of the accident. CONSUTANT will direct the CONTRACTOR to prepare an accident report with a copy forwarded to the CITY. 7.7 Quality Control: The CONSULTANT will review and monitor the Contractor's adherence to an acceptable quality control program submitted by the CONTRACTOR prior to the issuance of the second Notice-to-Proceed by the CITY. This program will describe the Contactor's quality control, organizational procedures, documentation controls and processes for each phase of the work. Quality control during construction will be the responsibility of the Contractor; however, oversight and ensuring the CONTRACTOR complies with applicable jurisdictional construction standards will be enforced on the CITY's behalf by the CONSULTANT. j 7.8 CONSTRUCTION MANAGER Request for Services: When the CONTRACTOR requires services from the CITY for issues such as water service shutdowns, tie-ins to existing water mains, electrical service interruptions and/or any special regulatory inspections, etc.,a request shall be made in writing by the CONTRACTOR, and forwarded by the CONSULTANT to the CITY, a minimum of three(3)working days prior to when required. f Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless memorialized in written document approval and executed with the same formality and of equal dignity herewith. SOUTH POINTE PARK PIER PROJECT P age 5 of 7 AMENDMENT No.4—12/21/2012 SCHEDULE B CONSULTANT COMPENSATION Task Description Payment Method Limiting Fee • On- site full time construction representation Lump Sum $266,472 • Underwater SCUBA dive inspections Unit Cost $12,360 • Reimbursable Expenses: • PDA pile testing and report Subcontract $10,500 • Geotechnical consulting services Subcontract $7,140 • Underwater inspection equipment rentals Receipts $2,880 • Other reimbursable expenses Receipts $1,500 Grand Total Limiting Fee $300,852 Notes: 1. The on-site full time construction representation services shall be invoiced in twelve (12) equal amounts of$22,206, for a duration of twelve (12) consecutive months. In the event that construction representative services are required to be extended,which extension shall be subject to CITY approval, the CONSULTANT shall be entitled to additional compensation, to be negotiated. 2. The labor for the authorized underwater SCUBA dive inspections and reporting services will be invoiced based on actual time expended by the CONSULTANT dive team, times the applicable hourly billing rates per job classification as stipulated in Schedule C - Hourly Billing Rate Schedule. Certified CONSULTANT time sheets shall be submitted with each invoice. 3. PDA pile testing and geotechnical services will be undertaken with the approval of the CITY in accordance with the approved service agreement inclusive of an approved scope of services and fees. The CONSULTANT shall invoice these services as a Reimbursable Expenses. 4. The Reimbursable Expenses must be approved in writing, in advance, by the CITY's Project Coordinator. Any unused portions will not be paid to the CONSULTANT. SOUTH POINTE PARK PIER PROJECT Page 6 of 7 AMENDMENT No.4—12/21/2012 SCHEDULE C HOURLY BILLING RATE SCHEDULE Supalemental Construction Administration Services Classification Hourly Billing Rate Project Manager $198.00 per hour Construction Engineer(Inspector) $100.00 per hour Engineer El (Project Controls) $91.00 per hour Sr. Engineer III (Lead Structural Diver) $180.00 per hour Sr. Engineer II (Structural Diver) $135.00 per hour Construction Engineer(Safety Diver/Boat Tender) $100.00 per hour Note: Rates are per the Agreement between City of Miami Beach and Atkins North America, Inc for Professional Architecture and Engineering Services for the South Pointe Park Pier Project, Resolution No. 2011-27628. SOUTH POINTE PARK PIER PROJECT Page 7 of 7 AMENDMENT No.4—12/21/2012 i . � . � c } , ■ § ; ; , � , , ] e . ; ■ Q § � � ) o ! f ] LA z a ) ` J c 2 u Ls / _ § L) 5 k % \ k k } CL k © 2 / } k � _ ■ w COL J § P. IL z z o | 2 c k ! _ ) / a ! ! ; 2 Q 5 2 A) \ ! $ i KADERABEK COMPANY •Geotechnical Engineering •Foundation Engineering•Construction Materials Testing •Soil E;orings/Morritor Wells 9565 NW 40th Street Rd. Phone: 305/666-3563 December 20, 2012 Miami,Florida 33178 Fax: 305/666-3069 Mr. William Pitcher, P.E. ATKINS 3230 West Commercial Blvd., Ste 100 Fort Lauderdale, Florida 33309 Re: Proposal for CEI Services South Pointe Park Pier Miami Beach, Florida KACO Project/Proposal No. 12-334 Dear Mr. Pitcher: Kaderabek Company(KACO) is pleased to submit this proposal as a result of your recent request for proposal. This Proposal describes our understanding of the project, lists a purpose for our work, suggests a scope of work and presents our compensation. PROJECT INFORMATION Construction of the new South Pointe Park Pier is will involve razing of the existing structure and construction of a new pier. The pier will be constructed on driven precast concrete piles. PURPOSE The purpose of our services on this project will be to provide testing services related to the pier construction. PROPOSED SCOPE OF SERVICES Based on the information provided, we will provide piles testing services 6 Conduct three (3) PDA pile tests as per the technical specifications and develop the pile installation criteria and production pile lengths. 9 Provide QA inspector for pile driving activities during a period of 4.5 months of pile driving- 64 new piles) Provide on- call Sr. Geotechnical Engineer support during pile driving to address unforeseen conditions/consultations. • Provide materials testing for cast- in- place concrete pours and soil density for utility trenches and pavement subgrade. i Mr. William Pitcher, P.E. December 20, 2012 ATKINS Page 2 COMPENSATION We can-complete the requested scope of services proposed herein on a unit price time and materials basis. We estimate a budget as follows: PDA Testing $3,500 each x 3 $10,500 Pile QA Inspector $60 hr x 5 hr/pile 3 piles $900 Sr Geotech Engineer $130 hr x 48 hrs $6,240 We recommend a budget of$18,000. We will submit an invoice for the actual work that has been completed; we request that this invoice be paid at the time the engineering Report is submitted. CLOSURE We look forward to the opportunity to work on this project. If you have questions about information contained in this Proposal, please contact the writer at 305/666-3563. Sincerely, 4DE OMPANY rn, P.E. anage r Distribution: Copy via Email (Christian.ossa @atkinsglobal.com) Copy to KACO File F:%DOC%KACO Proposels%U 334-South Pointe Perk-CEl-Alklns-0731-12.doc i KADERABEK COMPANY I RESOLUTION NO. 2013-28106 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NUMBER 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH AMERICA, INC. FOR SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES, FOR A PERIOD OF UP TO TWELVE (12) MONTHS, FOR THE SOUTH POINTE PARK PIER PROJECT; IN THE NEGOTIATED LUMP SUM AMOUNT OF $266,472 AND AN ADDITIONAL AMOUNT OF $34,380 FOR REIMBURSABLE EXPENSES, FOR A TOTAL AMOUNT OF $300,_852; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $300,852 FROM FUND 389, SOUTH POINTE CAPITAL FUND. 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. for Professional Services for the South Pointe Park Pier 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, 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, Amendment No. 2 to the Agreement was executed approving additional bidding and award services required under a Construction Management at Risk method of procurement in the not-to-exceed amount of$11,974; and WHEREAS, Amendment No. 3 to the Agreement was executed approving additional coordination in the FDEP — CCCL permit RAI process in the not-to-exceed amount of $15,120; and WHEREAS, the Administration has determined that additional services are warranted due to the sensitive marine environment and extensive environmental permit monitoring requirements during the construction phase; and WHEREAS, pursuant to RFQ No. 04-10/11, any additional services required during the performance of the work would be requested by the City and negotiated in accordance with the Contract Documents; and WHEREAS, Amendment No. 4 to the Agreement in the amount of $300,852 will provide supplemental construction administration services for an on-site representative to monitor the construction and environmental permitting requirements for a period of twelve ! i (12) months and will also include geotechnical services to perform Pile Dynamic Analyzer (PDA)tests as specified by the Contract Documents for the South Pointe Park Pier. NOW, THEREFORE, BE IT RESOLVED BY ) THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, hereby authorize the Mayor and City Clerk to execute Amendment 4 to the Professional Services Agreement with Atkins North America for Supplemental Construction Administration Services, for the South Pointe Park Pier for a total amount of $300,852; with previously appropriated funding in the amount of $300,852 from Fund 389, South Pointe Capital Fund. PASSED.AND ADOPTED THIS DAY OF 2013. i ATTEST: i C CLERK .B OR i INCORP ORBITED F:1T_DriveIAGENDA12013t1-1 .i1tr Poi Pier,14 endment 4-RESO.doc ^�I 2r i i i APPROVED AS TO FORM&LANGUAGE FOR EXECUTION ome Date COMMISSION ITEM SUMMARY Condensed Title: 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. 4 To The Professional Services Agreement.With Atkins North America, For Supplemental Construction Administrative Services,For A Period Of Up To Twelve(12)Months,For The South Point Park Pier Project; In The Negotiated Lump Sum Amount Of$266,472 And An Additional Amount of$34,380 For Reimbursable Expenses, For A Total Amount Of$300,852 With Previously Appropriated Funding In The Amount $300,852 From Fund 389 South Pointe Capital Fund. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects,Ensure Well Maintained Facilities,Ensure Safety and Appearance of Building Structures and Sites. Supporting Data(Surveys,Environmental Scan,etc.): The 2012 Customer Satisfaction Survey indicated that over 87% and 83% of City residents and businesses respectively, rated the appearance and maintenance of public buildings as excellent or good; and over 81%of residents rated recently completed capital improvement projects as excellent or good. Issue: Shall the Mayor and City Commission approve the issuance of the Resolution? Item Summa /Recommendation: On April 13,2011,the City Com mission pursuant to Request for Qualifications(RFQ)No.04-10111,adopted Resolution No.2011-27628,approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Atkins North America, Inc.(Atkins)for Professional Services for the South Pointe Pier Project. The Agreement provided for the design, bid, award and construction administration services. Pursuant to RFQ No.04-10/11,any additional services required during the performance of the work would be requested by the City and negotiated in accordance with the Contract Documents. To that effect, the additional services will be added to the Atkins Professional Services Agreement as requested by the City. As supplemental construction services to Task 4-Construction Administration Services in the Professional Services Agreement, Atkins shall perform the duties and responsibilities of an on-site representative to monitor the construction and environmental permitting requirements for a period of twelve (12) months. Atkins will provide review of the Construction Manager at Risks progress in full coordination with the City and environmental agencies. In addition, this amendment will include the services of Geotechnical Consultant (authorized sub-consultant) to perform Pile Dynamic Analyzer (PDA) tests as specified by the Contract Documents. The Administration has determined that the supplemental construction administration services are warranted due to sensitive marine environment and extensive environmental permit monitoring requirements during the project's construction phase. The additional services will be added to the Atkins Professional Services Agreement as requested by the City(Exhibit A). The negotiated rice submitted b Atkins North America for.the above services h 9 P Y es as been reviewed by City staff and found to be fair and reasonable. The Administration recommends approval of the resolution. Advisory Board Recommendation: Financial Amount Account Informati n: 1 F s: $300,852 389-2577-061357 PI Total/T $300,852 a Financial Impact Summary: City Clerk's Office Legislative Tracking: Mattie Reyes, Ext. 6884 Sign-Offs: Departmen "rector Assistant City Manager/ Interim City Manager Chief Financial Officer FV JGG PDW KGB T Drive\A NDA1201311-16-121South Pointe Park Pier-Atkins Amendment 4-SUMMARY.doc AGENDA ITEM 79 MIAMIBEACH �- �- DATE � MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeochfi.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Kathie G. Brooks, Interim City Manager DATE: January 16, 2013 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 NUMBER 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH AMERICA, , INC. FOR SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES, FOR A PERIOD OF UP TO TWELVE (12) MONTHS, FOR THE SOUTH POINTE PARK PIER PROJECT; IN THE NEGOTIATED LUMP SUM AMOUNT OF $266,472 AND AN ADDITIONAL AMOUNT OF $34,380 FOR REIMBURSABLE EXPENSES, FOR A TOTAL AMOUNT OF $300,852; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE AMOUNT OF $300,852 FROM FUND 389, SOUTH POINTE CAPITAL FUND. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure Value and Timely Delivery of Quality Capital Projects; Ensure Well Maintained Facilities, Ensure Safety and Appearance of Building Structures and Sites. FUNDING Funding in the amount of $300,852 has been previously appropriated from Fund 389, South Pointe Capital Fund. ANALYSIS On April 13, 2011, the City Commission pursuant to Request for Qualifications (RFQ) No. 04- 10/11, adopted Resolution No. 2011-27628, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Atkins North America, Inc. (Atkins) for Professional Services for the South Pointe Pier Project. The Agreement provided for the design, bid, award and construction administration services. The Administration has determined that additional services are warranted due to the sensitive marine environment and extensive environmental permit monitoring requirements during the construction phase. Some of the regulatory agencies that have issued permits to be monitored include the US Army Corps of Engineers, the US Coast Guard, the Florida Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission, the South Florida Water Management District, and several Miami-Dade County agencies. Other pertinent ordinances/codes to be adhered to include the Marine Turtle Lighting Ordinance and the Coastal Construction Line Program. As one of the world's leading engineering and design consultancies, Atkins provides expertise in a diverse range of specialized areas including construction management and administration Commission Memorandum-Atkins North America Amendment 4 for South Pointe Park Pier Project January 16, 2013 Page 2 of 2 services, project controls, etc. Atkins has been successful in providing the required support to the City in securing the required myriad of permits and in capturing the extensive code requirements in the Construction Documents. It would be a benefit to the City to retain Atkins for the additional required services due to their familiarity and in-depth knowledge of the design, permitting requirements, and sensitive nature of the project. Pursuant to RFQ No. 04-10/11, any additional services required during the performance of the work would be requested by the City and negotiated in accordance with the Contract Documents. To that effect, the additional services will be added to the Atkins Professional Services Agreement as requested by the City(Exhibit A). As supplemental construction services to Task 4 - Construction Administration Services in the Professional Services Agreement, Atkins shall perform the duties and responsibilities of an on- site representative to monitor the construction and environmental permitting requirements for a period of twelve (12) months. Atkins will provide review of the Construction Manager at Risk's progress in full coordination with the City and environmental agencies. In addition, this amendment will include the services of Geotechnical Consultant (authorized sub-consultant) to perform Pile Dynamic Analyzer (PDA) tests as specified by the Contract Documents. The negotiated price submitted by Atkins North America for the above services has been reviewed by City staff and found to be fair and reasonable. CONCLUSION: The Administration recommends that a Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment Number 4 to the professional services agreement with Atkins North America, Inc. for supplemental construction administration Services, for a period of up to twelve (12) months, for the South Pointe Park Pier Project; in the negotiated lump sum amount of $266,472, and an additional amount of $34,380 for reimbursable expenses, for a total amount of $300,852; with previously appropriated funding in the amount of$300,852 from Fund 389, South Pointe Capital Fund. KB\J G G\FV\D'M ATTACHMENTS: Exhibit A—Atkins Amendment No. 4 T Drive\AGENDA1201311-16-121South Pointe Park Pier-Atkins Amendment 4-MEMO.doc I