2013-28161 Reso RESOLUTION NO. 2013-28161
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. 13 TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY AND CHEN MOORE &
ASSOCIATES, INC., DATED SEPTEMBER 8, 2004, FOR THE CITY CENTER
RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT BID PACKAGES
9A AND 96; SAID AMENDMENT IN THE NEGOTIATED NOT-TO-EXCEED
AMOUNT OF $145,044, PLUS AN ADDITIONAL AMOUNT OF $2,000 FOR
APPROVED REIMBURSABLE EXPENSES, FOR A GRAND TOTAL OF
$147,044, TO PROVIDE EXTENDED CONSTRUCTION ADMINISTRATION AND
RESIDENT PROJECT REPRESENTATIVE SERVICES UNTIL PROJECT
COMPLETION; WITH PREVIOUSLY APPROPRIATED FUNDING FROM THE
CITY CENTER RDA FUND 365.
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 68-02/03, the Mayor and
City Commission adopted Resolution No. 2004-25678 on September 8, 2004, approving and
authorizing the Mayor and City Clerk to execute an Agreement with Chen Moore and Associates,
Inc. (Consultant), in a not-to-exceed amount of $2,144,773, for the planning, design, bid and
award, and construction administration phases of the City Center Right-of-Way (ROW)
Neighborhood Improvement Project (the Project); and
WHEREAS, the Project includes improvements to the stormwater system, water system,
roadways, streetscape, landscaping, traffic calming, pedestrian lighting, and linkages within the
public right-of-ways; and
WHEREAS, the Project limits are bounded by 16'h Street to the South; Dade Boulevard to
the North; and from Alton Road on the West, to Collins Avenue on the East; and
WHEREAS, on April 22, 2009, the City Commission approved the award of a construction
contract to M. Vila & Associates, Inc. (M. Vila), in the amount of $7,589,825, for the construction
of the Project; and
WHEREAS, on October 24, 2011, M. Vila's contract was terminated; and
WHEREAS, the City elected to contract with Metro Express, Inc. (MEI) and Envirowaste
Services Group, Inc. (ENV), each under separate job order contracts (JOC), to complete the
Project; and
WHEREAS, the Project has experienced delays caused by M. Vila's failure to properly
and timely perform its work, necessitating repairs and additional work to be performed on the
Project, and contributing to the Project completion date being extended beyond the previously
anticipated completion date of November, 2012; and
WHEREAS, in order to continue to move the Project forward, City staff was compelled to
incur additional fees and expenses to investigate, inspect and repair work previously installed by
M. Vila; and
WHEREAS, the Consultant has submitted a proposal for additional professional services
required due to extensions of time required as a result of delays to the Project; and
WHEREAS, the total additional fee requested by the Consultant for the additional work
including reimbursables is $147,044; and
WHEREAS, the Capital Improvement Project Office has evaluated the Consultant's cost
proposal and is in agreement that the proposal is reasonable; and
WHEREAS, this Amendment No. 13 to the Agreement, in the total amount of $174,044,
will revise the total contract sum to a not-to-exceed total of$3,613,493.
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 authorize
the Mayor and City Clerk to execute Amendment No. 13 to the Professional Services Agreement
between the City and Chen Moore & Associates, Inc., dated September 8, 2004 for the City
Center Right of Way Neighborhood Improvement Project Bid Packages 9A and 913; said
Amendment in the negotiated not-to-exceed amount of $145,044, plus an additional amount of
$2,000 for approved reimbursable expenses, for a grand total of $147, 044, to provide extended
construction administration and resident project representation during construction of the project;
with previously appropriated funding from the City Center RDA Fund 365.
PASSED AND ADOPTED THIS 13 'A DAY OF 41r(k 2013.
ATTEST:
CITY CL RK O
INCORP ORATED:
............
�� >>
26
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorne (r- Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution.of the Mayor and the City Commission of the City of Miami Beach, Florida, approving and
authorizing the Mayor and the City Clerk to execute Amendment No. 13, to the existing Professional
Services Agreement between the City of Miami Beach and Chen Moore & Associates, Inc. (CMA), dated
September 8, 2004 for the City Center Right of Way Neighborhood Improvement Project Bid Packages 9A
and 9B in the negotiated, not to exceed amount of $147,044, to provide extended Construction
Administration and Resident Project Representative Services to project completion for the City Center
Neighborhood Improvement Right-of-Way Project Bid Packages 9A; with previously appropriated funding
from the City Center RDA Fund 365.
Key Intended Outcome Supported:
Ensure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and
Maintain City's Infrastructure.
Supporting Data(Surveys, Environmental Scan, etc.):
The 2012 Customer Satisfaction Survey indicated that over 81% of residents rated recently completed
capital improvement projects as "excellent" or"good". Recently completed capital improvement projects
(81%), storm drainage (37%), and condition of roads (44%).
Issue:
Shall the City Commission adopt the resolution?
Item Summa /Recommendation:
On September 8, 2004, the Mayor and City Commission adopted Resolution No. 2004-25678, approving
and authorizing the Mayor and City Clerk to execute an Agreement with the firm of Chen Moore &
Associates, Inc. (formally Chen & Associates), (CMA), to provide professional services for the planning,
design, bid and award, and construction administration phases of the City Center Right-of-Way
Neighborhood Improvement Project (the Project). The original contract provided only limited Project
Closeout Services and no Resident Project Representative Services.
On October 24, 2011, after the City performed its due diligence, M. Vila was terminated from the City
Center 9A project due to failure to comply with notices of default associated with repeated non-compliance
issues, delays, and other contract violations. The City is currently in litigation with M. Vila, who has
claimed wrongful termination. The City intends to file a counterclaim against M. Vila to recover its
associated damages caused by M. Vila's failure to properly and timely perform its work.
Due to the termination of M. Vila, the City elected to contract with Metro Express, Inc. (MEI) and
Envirowaste Services Group, Inc. (ENV) each under separate job order contracts (JOC) to complete the
project.
Due to extensions of time required beyond the last Amendment provided to CMA, the Consultant has had
to perform additional extended construction administration and RPR services. The Project has
experienced delays caused by the former contractor's failure to properly and timely perform its work,
necessitating repairs and additional work to be performed on the Project.
In order to move the Project forward, City staff was compelled to incur additional fees and expenses to
investigate, inspect and repair work previously installed by M. Vila and complete the project. The funds
required to bring the Consultant services to a current status and extend them to the projected substantial
completion date of April 30, 2013, is $145,044.
Staff finds both the scope and negotiated fee to be reasonable and appropriate, and the hourly billing rates
are within the current approved amount negotiated for all City consultants.
The Administration recommends approval of the resolution.
Advisory Board Recommendation:
N/A
Financial lnf tion:
Source Amount Account
Funds 1 $147,044 365-2616-061357 City Center Bid Pack A
OBPI Total $147,044
City Clerk's Office Legislative Tracking:
Maria Hernandez xt. 2584
Sign-Offs:
De artm t rector Asst City r Acting City Mana r
FV JGG KGB
T:WGEND 013\March 13\City Center 9A-Chen Amendment 13\City Center ROW-Chen Amend.No. 13 SUMM.doc
® MIAMI LJ�/�l�� AGENDA ITEM r` r Cl
� DATE
® MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: March 13, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 13, TO THE EXISTING
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CHEN MOORE & ASSOCIATES, INC. (CMA), DATED SEPTEMBER
8, 2004, FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD
IMPROVEMENT PROJECT BID PACKAGES 9A AND 9B; IN THE NEGOTIATED
NOT-TO-EXCEED AMOUNT OF $145,044, PLUS AN ADDITIONAL AMOUNT OF
$2,000 FOR APPROVED REIMBURSABLE EXPENSES, FOR A GRAND TOTAL
OF $147,044; TO PROVIDE EXTENDED CONSTRUCTION ADMINISTRATION
AND RESIDENT PROJECT REPRESENTATIVE SERVICES TO PROJECT
COMPLETION; WITH PREVIOUSLY APPROPRIATED FUNDING FROM THE CITY
CENTER RDA FUND 365.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure Value and Timely Delivery of Quality Capital Projects.
FUNDING
Funding for this Amendment has been previously appropriated in the City Center Bid Package
A from the City Center RDA fund 365 in the amount of$147,044 in account 365-2616-061357.
BACKGROUND— DESIGN
On September 8, 2004, the Mayor and City Commission adopted Resolution No. 2004-25678,
approving and authorizing the Mayor and City Clerk to execute an Agreement with the firm of
Chen Moore & Associates, Inc. (CMA), formerly Chen & Associates, (Consultant), to provide
professional services for the planning, design, bid and award, and construction administration
phases of the City Center Right-of-Way Neighborhood Improvement Project (the Project). The
original contract provided only limited Project Closeout Services and no Resident Project
Representative (RPR) Services.
Although the Project originally consisted of Construction of Bid Packages 9A and 9B, the
project was subsequently divided into three (3) separate Bid Packages. Bid Package 9A: the
residential area bounded by Lincoln Road to the south, Washington Avenue to the west, 21s'
Street to the north, and Collins Avenue to the east. Bid Package 9B, the commercial area
bounded by 16th Street to the south, 17th Street to the north, Alton Road to the west,
Washington Avenue to the east, including Meridian Avenue to 19th Street west to Convention
Center Drive, and Convention Center Drive to Dade Boulevard. Bid Package 9C: within the
commercial area on Lincoln Road from Washington Avenue to Collins Avenue.
Commission Memorandum
City Center ROW Chen Amendment 13
March 13, 2013
Page 2 of 3
For the history of all past approved Amendments for CMA for the City Center projects, refer to
Amendment No. 13, Exhibit A.
BACKGROUND - CONSTRUCTION
On April 22, 2009, the City Commission approved the award of a construction contract to M.
Vila & Associates, Inc. (M. Vila) in the amount of $7,589,825 for the construction of the
Infrastructure Improvement Project/ City Center Historic District Bid Package 9A.
CONTRACTOR TERMINATION — M. VILA& ASSOCIATES, INC.
On October 24, 2011, after the City performed its due diligence, M. Vila was terminated from
the City Center 9A project due to failure to comply with notices of default associated with
repeated non-compliance issues, delays, and other contract violations. Refer to Letter to
Commission (LTC #290-2011) dated November 14, 2011, Exhibit B. The City is currently in
litigation with M. Vila, who has claimed wrongful termination. The City intends to file a
counterclaim against M. Vila to recover its associated damages caused by M. Vila's failure to
properly and timely perform its work.
METRO EXPRESS AND ENVIROWASTE
Due to the termination of M. Vila, the City elected to contract with Metro Express, Inc. (MEI)
and Envirowaste Services Group, Inc. (ENV) each under separate job order contracts (JOC) to
complete the project.
MEI and ENV were willing to assume the responsibility of completing the job which had been
left with a significant amount of problems requiring correction such as incomplete and
defective watermain and fire line connections, incomplete sidewalk and crosswalks and
significant roadway repair. In addition, landscaping, irrigation and lighting had not been
completed and the condition of the majority of the completed underground drainage was not
fully known.
JOC Summary:
In order to expedite the construction, maintain accounting accuracy, and separate the tasks
required to complete the project, the remaining scope of work was divided into separate JOC
contracts. The original three contracts, approved on October 27, 2011, released MEI to
immediately clean and stabilize the area and perform hardscape repairs and completion, add
17 missing fire hydrants to the project required by code, and complete the drainage and
watermain work on 201h Street.
Three additional contracts, two which MEI has performed and one which ENV is performing,
required additional research and negotiation and were later approved on June 27, 2012.
SUMMARY
Due to extensions of time required beyond the last Amendment provided to CMA, the
Consultant has had to perform additional extended construction administration and RPR
services. The Project has experienced delays caused by the former contractor's failure to
properly and timely perform its work, necessitating repairs and additional work to be performed
on the Project.
In addition, delays in completion of the project due to special events within the area, such as
Art Basel, the Boat Show, the Food and Wine Festival, as well as construction of private
developments, which are on-going throughout the City Center neighborhood, have contributed
Commission Memorandum
City Center ROW Chen Amendment 13
March 13, 2013
Page 3 of 3
to the project time being extended beyond the previously anticipated completion date of
November, 2012.
In order to move the Project forward, City staff was compelled to incur additional fees and
expenses to investigate, inspect and repair work previously installed by M. Vila and complete
the project. The funds required to bring the Consultant services to a current status and extend
them to the projected substantial completion date of April 30, 2013, is as follows:
Summary of Additional Cost:
RPR Services performed from November 2012 to April 2013 $ 130,100
Construction Administration Services for delayed Close-Out (Allowance if needed) 14,944
Subtotal Cost $ 145,044
Reimbursables 2.000
Total $ 147,044
City staff has reviewed the consultant's proposal and found the fees to be fair & reasonable.
An allowance of $14,944 has been added to provide Construction Administrative Services in
the event the closeout of the project is extended beyond its current anticipated final completion
date of May 30, 2013.
These services are critical to properly document the deficiencies and corrections required to
complete the project.
The project is currently at 85% completion.
CONCLUSION
The Administration recommends the execution of Amendment No. 13, in the negotiated, not to
exceed amount of $147,044, to an existing Agreement between the City of Miami Beach and
Chen Moore & Associates, Inc., dated September 8, 2004, to provide extended Construction
Administration and Resident Project Representative Services to project completion for the City
Center Neighborhood Improvement Right-of-Way Project Bid Packages 9A; with previously
appropriated funding from the City Center RDA Fund 365.
Exhibit A—Amendment No. 13
Exhibit B— LTC dated November 14, 2011.
KGB/JG/FV/DM/MH
T:\AGENDA\2013\March 13\City Center 9A-Chen Amendment No.13\City Center ROW-Chen Amend. No 13 MEMO.docx
Exhibit A
AMENDMENT No. 13
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
CHEN MOORE & ASSOCIATES, INC. (FORMERLY CHEN AND ASSOCIATES, INC), DATED
SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT OF WAY IMPROVEMENT PROJECT,
IN AN AMOUNT NOT-TO-EXCEED OF$145,044 PLUS $2,000 FOR REIMBURSABLE
EXPENSES; FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT
PROJECT REPRESENTATIVE SERVICES, NEIGHBORHOOD NO. 9A, CITY CENTER RIGHT
OF WAY NEIGHBORHOOD IMPROVEMENT PROJECT.
This Amendment No. 13 to the Agreement, made and entered this day of 2013,
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 CHEN MOORE AND ASSOCIATES,
INC, a Florida Corporation, having its offices at 500 W. Cypress Creek Road, Suite 410, Fort
Lauderdale, Florida 33309 (hereinafter referred to as the Consultant).
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 68-02/03, the Mayor and City
Commission adopted Resolution No. 2004-25678, on September 8, 2004, approving and
authorizing the Mayor and City Clerk to execute an Agreement with Chen and Associates, Inc.
(Consultant), in a not-to-exceed amount of $2,144,773, for the planning, design, bid and award,
and construction administration phases of the City Center Right-of-Way (ROW) Neighborhood
Improvement Project(the Project); and
WHEREAS, the Project includes improvements to the stormwater system, water system,
roadways, streetscape, landscaping, traffic calming, pedestrian lighting, and linkages within the
public right-of-ways; and
WHEREAS, the Project limits are bounded by 16`h Street to the South; Dade Boulevard to
the North; and from Alton Road on the West, to Collins Avenue on the East; and
WHEREAS, on February 8; 2006, the City Commission adopted Resolution No. 2006-
26126, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed $347,925, to
include the design of streetscape improvements on Meridian Avenue, from 17th to 18th Street, and
miscellaneous water and wastewater main improvements; and
WHEREAS, on December 6, 2006, the City Commission adopted Resolution No. 2006-
26388, approving Amendment No. 2 to the Agreement, in an amount not-to-exceed $88,081, to
include the design of streetscape improvements on 21' Street, between Park and Collins
Avenues; and Construction Administration and Resident Project Representative (RPR) services
for Lincoln Road, between Collins and Washington Avenues; and
WHEREAS, on April 24, 2007, the Capital Improvement Projects (CIP) Office executed
Amendment No. 3 to the Agreement, for a not-to-exceed amount of $16,973, for the design of
bike lanes/routes within the Project; and
WHEREAS, on September 5, 2007, the Capital Improvement Projects (CIP)Office
executed Amendment No. 4, in an amount not-to-exceed $24,923, for the additional planning
services for the proposed improvements along the Lincoln Road corridor, between Washington
and Collins Avenues (Bid Package 9C); and
WHEREAS, on May 5, 2008, the Capital Improvement Projects (CIP) Office executed
Amendment No. 5 to the Agreement, for a not-to exceed amount of$23,935, for design revisions
to the Bid Package 9B, City Center Commercial District Right-of-Way Neighborhood Improvement
Project, necessitated by the Miami-Dade County Public Works Department Traffic Division; and
WHEREAS, on November 14, 2008, the Capital Improvement Projects (CIP) Office
executed Amendment No. 6 to the Agreement, for a not-to exceed amount of$23,766, for design
revisions to Lincoln Lane North, between Pennsylvania and Washington Avenue, adjacent to the
New World Symphony project; and
WHEREAS, on September 9, 2009, the City Commission adopted Resolution No. 2009-
27159, approving Amendment No. 7 to the Agreement, in the amount of $580,424, for Resident
Project Representative (RPR) services for Bid Packages 9A and 96, during construction of the
Project; and
WHEREAS, on May 19, 2010, the Capital Improvement Projects (CIP) Office executed
Amendment No. 8 to the Agreement, for a not-to-exceed amount of 21,078, for design revisions
necessary for the re-design of 17th Street, Pennsylvania Avenue, and Lincoln Lane North,
adjacent to the New World Symphony project, and
WHEREAS, on February 14, 2011, the Capital Improvement Projects (CIP) Office
executed Amendment No. 9 to the Agreement, for a not-to-exceed amount of$11,235, to provide
revisions to electrical drawings indicating service access points from Sound Space Park, and
additional services for preparation of a stormwater model to be used to establish existing
conditions and determine future stormwater design and collection on Lincoln Road; and
WHEREAS, on August 8, 2011, the Capital Improvement Projects (CIP) Office executed
Amendment No. 10 to the Agreement, for a not-to-exceed amount of $25,000, for additional
professional services necessary for Resident Project Representative (RPR) and supplemental
construction administration services for Lincoln Road, between Washington Avenue and Collins
Avenue, Neighborhood No. 9C, City Center Right of Way Neighborhood Improvement Project;
and
WHEREAS, on September 28, 2011, the Capital Improvement Projects (CIP) Office
executed Amendment No. 11 to the Agreement, for the not-to-exceed amount of $6,181, for
additional professional services required to revise the design plans to reflect a wider pedestrian
crossing at 17th Street and Drexel Avenue and roadway geometry changes at the intersections of
17th Street and Pennsylvania Avenue; and 17th Street and Convention Center Drive, resulting
from the proposed pedestrian signalization additions on 17th Street between Convention Center
Drive and Washington Avenue; and
WHEREAS, on February 8, 2012, the City Commission adopted Resolution No. 2012-
27834, approving Amendment No. 12 to the Agreement, in an amount not-to-exceed $152,155,
for extended Construction Administration and Resident Project Representative Services (RPR)
during construction of the project; and
WHEREAS, the Consultant has submitted a proposal for additional professional services
required due to extensions of time required as a result of unforeseen delays to the project; and
WHEREAS, the total additional fee requested by the Consultant for the additional work
including reimbursables is $147,044; and
WHEREAS, the Capital Improvement Project Office has evaluated the Consultant's cost
proposal and are in agreement that the proposal is reasonable; and
WHEREAS, this Amendment No. 13 to the Agreement, will revise the total contract sum to
a not-to-exceed total of$3,613,493.
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 a part of this Amendment
No. 13.
2. MODIFICATIONS
The Agreement is amended to include and incorporate the additional work, as set forth in
Attachment 1 and Schedule B, attached hereto.
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. 13.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 13 to be executed
in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
Rafael Granado, City Clerk Matti Herrera Bower, Mayor
ATTEST: CONSULTANT:
CHEN MOORE AND ASSOCIATES, INC.
Secretary President
Print Name Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
ATTACHMENT 1
SCOPE OF SERVICES
Task 5.8.1.3 — Resident Project Representative Services BP9A: CONSULTANT shall provide
qualified, resident project representative to provide a quantity and quality of observation as required to
reasonably verify that critical elements of the construction project are being complied with, and that the
general intent of the contract documents is being met. In this effort, CONSULTANT's level of effort shall
be based upon 880 hours of field representation. Should this level of effort be exceeded or decreased,
an equitable adjustment shall be made accordingly.
The CONSULTANT's field staff shall be on-site at all times when the Contractor is on the job, as
practicable. In addition, the CONSULTANT's level of effort is based upon the assumption that the
resident project representative shall monitor all Contractor work crews as specified by the CONSULTANT
in the contract document construction sequencing requirements.
CONSULTANT shall attend weekly construction meetings with the Contractor(s), and applicable CITY
representatives for the duration of the construction. The purpose of these meetings shall be to review the
status of construction progress, shop drawing submittals, and contract document clarifications and
interpretations. These meetings shall also serve as a forum for discussion of construction issues,
potential changes/conflicts and any other applicable matters.
In general, the CONSULTANT's resident project representative shall observe the construction of the work
and;
(a) CONSULTANT shall conduct on-site observations of the work in progress to determine if the
contract documents and permit requirements are being complied with and to protect the
CITY, through.the CIP PROJECT COORDINATOR, against Contractor work defects and
deficiencies. CONSULTANT shall advise the CITY, through the CIP PROJECT
COORDINATOR, in writing, whenever work is determined to not conform to the contract
documents. The CONSULTANT's observer shall attend all scheduled meetings with the
Contractor.
(b) Maintain a daily log of work performed. The daily notes shall include records of when the
Contractor is on the job-site,weather conditions, change orders, or changed conditions, list of
job site visitors, daily drilling and testing activities, observations in general, and specific
observations in more detail as in the case of observing test procedures. Record, in writing,
the outcome of these inspections. CONSULTANT shall identify any utilities damaged and
verify that the Contractor(s)has notified the respective utility owner.
(c) Verify that tests, equipment and systems start-up are conducted in the presence of
appropriate personnel and that the Contractor maintains adequate records thereof; and
observe, record, and report appropriate details relative to the test procedures and start-up.
(d) Provide a photographic record of the construction, beginning with pre-construction
documentation and completing with post-construction photographs. Photographs shall be
digital snapshot type taken to define the progress of the project and shall be labeled as to
date, location, view, electronically filed by month, and signed by the CONSULTANT.
(e) Review materials and workmanship of the project and report to CITY, through the CIP
PROJECT COORDINATOR, any deviations from the Contract Documents that may come to
the CONSULTANT's attention. Determine the acceptability of the work and materials and
make recommendations to CITY, through the CIP PROJECT COORDINATOR, to reject
items not meeting the requirements of the contract documents.
(f) Check Contractor(s) material certifications and samples, verifying that delivered materials
match approved shop drawings.
(g) Field observe critical points in the construction process.
(h) Direct and supervise the sampling and testing of materials to be performed by independent
testing laboratories under subcontract to the CITY. This task includes the receipt, review and
processing of invoices from the independent testing laboratories for payment by the CITY.
(i) Monitor that record drawing mark-ups are properly maintained by the Contractor, including
progressive record drawings and as-builts.
(j) The CONSULTANT's resident project representative shall coordinate with its office staff as
necessary to resolve / address all Requests for Information / Contract Document
Clarifications / Field Orders, Change Orders and other such project related correspondence
as may be forwarded by the Contractor, through the CIP PROJECT COORDINATOR
(k) Attend weekly construction meetings
(1) Attend additional meetings with contractor(s) completing work on the project as necessary.
(m) CONSULTANT shall review, verify and sign off on all pay requisitions. CONSULANTS level
of effort includes reviewing Six (6) JOC pay requisitions. In this effort the CONSULTANT
shall advise the CIP PROJECT COORDINATOR of percentage complete being
recommended for concurrence.
If Contractor's work schedule requires RPR to visit the site outside of normal work schedule,
CONSULTANT will be entitled to an equitable adjustment accordingly, based on the hourly rates set in
Schedule B.
Deliverables: - Provide resident project representation on the project.
- Prepare Daily Construction Observation Forms.
-Review invoices for independent testing laboratories.
-Provide photographic records.
- Prepare responses for RFI's and prepare Field Orders.
-Conduct reviews and responses to Change Orders.
- Prepare response for dispute resolutions.
-Conduct reviews and recommendation for claims.
-Attend weekly construction meetings.
- Attend additional meetings with Contractor(s) completing work on the project as
necessary
- Review and recommend payment for monthly contractor pay requests.
Schedule - Ongoing throughout Project.
Task 4.7.1 —Optional Project Closeout Services: Upon receiving notice from the Contractor(s)advising
the CONSULTANT that the project is substantially complete, CONSULTANT, in conjunction with
appropriate CITY staff, shall schedule and conduct an overview of the project for Bid Package 9A. The
overview shall include CONSULTANT'S development of a "punch list" of items needing completion or
correction prior to consideration of final acceptance. The list shall be forwarded to the Contractor(s). For
the purposes of this provision, substantial completion shall be deemed to be the stage in construction of
the project where the project can be utilized for the purposes for which it was intended, and where minor
items may not be fully completed, but all items that affect the operational integrity and function of the
project are capable of continuous use. Substantial Completion criteria shall be as specified by the
CONSULTANT in its contract documents, and shall also address the startup of warranties accordingly.
Upon notification from Contractor(s) that all remaining "punch list" items have been resolved, the
CONSULTANT, in conjunction with appropriate CITY staff, shall perform a final review of the finished
project. Based on successful completion of all outstanding work items by the Contractor(s), the
CONSULTANT shall assist CITY in closing out the construction contract. This shall include, but not be
limited to, providing recommendations concerning acceptance of the project and preparing/collecting
necessary documentation, including but not limited to, lien waivers, Contractor's final affidavit, close-out
change orders, consent of surety to final payment, and processing of the final payment application.
Deliverables: - Receive Contractor(s)substantial completion notification.
-Coordinate and attend field meetings to review Substantial Completion.
- Prepare and verify that punch lists are completed.
-Certify project completion to appropriate agencies.
Schedule -Ongoing throughout Project.
H:IPROPOSALS120131P13.099 Miami BeachICC9A -Scope of Service Amendment 13R—Revised
130215.docx
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Exhibit B
NAM 81E.A.- K .
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OFFICE.OF THE CITY MANAGER. LETTER.TO Cq r� U V l§'I t
�
LTC#; 290-2017
I CtTY CLERK'S OFFICC
to; 'Mayor Matti Herrera Bower and Members of-the City Commission
FROM: 'Jorge M. Gonzalez, City.,Manager
DATE: November 14,2011
suaJEcT: . City Centex 9ANew Contractor Commences.Constructlon Activltles
'The purpose of this Letter to Commission (LTC) Is to Inform you that;the Office of Capital
Improvement Projects teceritly terminated M.-Vila and Associates, Inc., for cause and hired
Metro Express, Inc.to complete the.scope of.'work originally i6terided the CitiCenter!9A
Neighborhood,
Toe sequence gf events as it pert0ins.to contractor termination and replacement occurred as
follows:
• October 2.4, 201 I - M. Vila and�Assoclates.was terminated•for cause and asked to
demobilize from the project limits. _
• October 26, 2011 - M. Vila aAd Associates'demobilized and removed--all equipment- •. s
-
from the-site:._ . . .
• O•ctdber 21, 2011 - Metro;Express began a clean-up effort throughout the•project
limits. _
October 31; 2611 Metro Express officially moliillzed fo cflmplete'the City'Center 9A-
Improvements.
The scope of work to-be finished includes:.
• Water Main Improvements
• Drainage Improvements
• Lighting Improvements
• Landscaping Improvements-
Roadway Improvements a
• Hardscape Improvements . . '• ;
The.'lrtimediate effort is to assist Metro Express in expediting all'work concerning the area most J
used by Art Basel-James Avenue, 18.Street and 21 Street This work consists:of pouring flags of
concrete to replace flags of asphalt on sidewalks currently unfinished, completing bump outs to•
ensure the sale transit of pedestrians and correct lighting issues.The overall intent or push of:the `.
project Is rectification-Metro Express will focus on specific tasks and work zones in order to Y &
logistically"complete"areas,critical to the advancement of the project
All work Is expected to be completed by Spring 2012.
The public involvement process of the project was maintained.while the contractor was being, ;
terminated.The Public Information Officer(PIO)that was hired by M. Vila"and Associates•was
retained-by Metro Express, Inc. so that impacted stakeholders continue to recelve project .
updates and alerts from the same source. Additionally, the City is coordinating a Construction
I
' Letter to Commission-New Contractor Commences Construction Activities
Ndvemhar 14,2011
Page 2 eP 2,:
Update Meeting In order to.present Metro Express, Inc. as'the new contractor, explain what
scope of work'has to be finalized,and provide a schedule update.
If you_haye.any additional questions,please feel free to contact me.
JMGlDBf .0 H
We are cemmiBed do providing excellem public serwce and sc4 to alf who live,work,and ploy U:our wbront rrop(cal.historic community.
I
a013- apt(PI
AMENDMENT No. 13
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
CHEN MOORE &ASSOCIATES, INC. (FORMERLY CHEN AND ASSOCIATES, INC), DATED
SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT OF WAY IMPROVEMENT PROJECT,
IN AN AMOUNT NOT-TO-EXCEED OF$145,044 PLUS$2,000 FOR REIMBURSABLE
EXPENSES; FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT
PROJECT REPRESENTATION, NEIGHBORHOOD NO.9A, CITY CENTER RIGHT OF WAY
NEIGHBORHOOD IMPROVEMENT PROJECT.
This Amendment No. 13 to the Agreement, made and entered this day of r" 2013,
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 CHEN MOORE AND ASSOCIATES,
INC, a Florida Corporation, having its offices at 500 W. Cypress Creek Road, Suite 410, Fort
Lauderdale, Florida 33309(hereinafter referred to as the Consultant).
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 68-02103, the Mayor and City
Commission adopted Resolution No. 2004-25678, on September 8, 2004, approving and
authorizing the Mayor and City Clerk to execute an Agreement with Chen and Associates, Inc.
(Consultant), in a not-to-exceed amount of $2,144,773, for the planning, design, bid and award,
and construction administration phases of the City Center Right-of-Way (ROW) Neighborhood
Improvement Project(the Project); and
WHEREAS, the Project includes improvements to the stormwater system, water system,
roadways, streetscape, landscaping, traffic calming, pedestrian lighting, and linkages within the
public right-of-ways; and
WHEREAS, the Project limits are bounded by 16th Street to the South; Dade Boulevard to
the North; and from Alton Road on the West, to Collins Avenue on the East; and
WHEREAS, on February 8, 2006, the City Commission adopted Resolution No. 2006-
26126, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed $347,925, to
include the design of streetscape improvements on Meridian Avenue, from 17th to 18th Street, and
miscellaneous water and wastewater main improvements; and
WHEREAS, on December 6, 2006, the City Commission adopted Resolution No. 2006-
26388, approving Amendment No. 2 to the Agreement, in an amount not-to-exceed $88,081, to
include the design of streetscape improvements on 21st Street, between Park and Collins
Avenues; and Construction Administration and Resident Project Representative (RPR) services
for Lincoln Road, between Collins and Washington Avenues; and
WHEREAS, on April 24, 2007, the Capital Improvement Projects (CIP) Office executed
Amendment No. 3 to the Agreement, for a not-to-exceed amount of $16,973, for the design of
bike lanes/routes within the Project; and
WHEREAS, on September 5, 2007, the Capital Improvement Projects(CIP)Office
executed Amendment No. 4, in an amount not-to-exceed $24,923, for the additional planning
services for the proposed improvements along the Lincoln Road corridor, between Washington
and Collins Avenues (Bid Package 9C); and
I
WHEREAS, on May 5, 2008, the Capital Improvement Projects (CIP) Office executed
Amendment No. 5 to the Agreement, for a not-to exceed amount of$23,935, for design revisions
to the Bid Package 9B, City Center Commercial District Right-of-Way Neighborhood Improvement
Project, necessitated by the Miami-Dade County Public Works Department Traffic Division; and
WHEREAS, on November 14, 2008, the Capital Improvement Projects (CIP) Office
executed Amendment No. 6 to the Agreement, for a not-to exceed amount of$23,766, for design
revisions to Lincoln Lane North, between Pennsylvania and Washington Avenue, adjacent to the
New World Symphony project; and
WHEREAS, on September 9, 2009, the City Commission adopted Resolution No. 2009-
27159, approving Amendment No. 7 to the Agreement, in the amount of $580,424, for Resident
Project Representative (RPR) services for Bid Packages 9A and 96, during construction of the
Project; and
WHEREAS, on May 19, 2010, the Capital Improvement Projects (CIP) Office executed
Amendment No. 8 to the Agreement, for a not-to-exceed amount of 21,078, for design revisions
necessary for the re-design of 17`h Street, Pennsylvania Avenue, and Lincoln Lane North,
adjacent to the New World Symphony project, and
WHEREAS, on February 14, 2011, the Capital Improvement Projects (CIP) Office
executed Amendment No. 9 to the Agreement, for a not-to-exceed amount of$11,235, to provide
revisions to electrical drawings indicating service access points from Sound Space Park, and
additional services for preparation of a stormwater model to be used to establish existing
conditions and determine future stormwater design and collection on Lincoln Road; and
WHEREAS, on August 8, 2011, the Capital Improvement Projects (CIP) Office executed
Amendment No. 10 to the Agreement, for a not-to-exceed amount of $25,000, for additional
professional services necessary for Resident Project Representative (RPR) and supplemental
construction administration services for Lincoln Road, between Washington Avenue and Collins
Avenue, Neighborhood No. 9C, City Center Right of Way Neighborhood Improvement Project;
and
WHEREAS, on September 28, 2011, the Capital Improvement Projects (CIP) Office
executed Amendment No. 11 to the Agreement, for the not-to-exceed amount of $6,181, for
additional professional services required to revise the design plans to reflect a wider pedestrian
crossing at 17`x' Street and Drexel Avenue and roadway geometry changes at the intersections of
17`h Street and Pennsylvania Avenue, and 17'' Street and Convention Center Drive, resulting
from the proposed pedestrian signalization additions on 17th Street between Convention Center
Drive and Washington Avenue; and
WHEREAS, on February 8, 2012, the City Commission adopted Resolution No. 2012-
27834, approving Amendment No. 12 to the Agreement, in an amount not-to-exceed $152,155,
for extended Construction Administration and Resident Project Representation Services (RPR)
during construction of the project; and
WHEREAS, the Consultant has submitted a proposal for additional professional services
required due to extensions of time required as a result of unforeseen delays to the project; and
WHEREAS, the total additional fee requested by the Consultant for the additional work
including reimbursables is $147,044; and
WHEREAS, the Capital Improvement Project'Office has evaluated the Consultant's cost
proposal and are in agreement that the proposal is reasonable; and
WHEREAS, this Amendment No. 13 to the Agreement, will revise the total contract sum to
a not-to-exceed total of$3,613,493.
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 a part of this Amendment
No. 13.
2. MODIFICATIONS
The Agreement is amended to include and incorporate the additional work, as set forth in
Attachment 1 and Schedule B, attached hereto.
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. 13.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 13 to be executed
in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY OF MIAMI BEA H, FLORIDA
Rafa I Granado, City Clerk M i Herrera Bower, Mayor
ATT T: CONSU NT:
CHEN ORE AND A IATES, INC.
Secret Presi I t
ep� —c , E4-
Print Name Print me
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
tl-�3
Att Date
ATTACHMENT 1
SCOPE OF SERVICES
Task 5.8.1.3 — Resident Proiect Representative Services BP9A: CONSULTANT shall provide
qualified, resident project representative to provide a quantity and quality of observation as required to
reasonably verify that critical elements of the construction project are being complied with, and that the
general intent of the contract documents is being met. In this effort, CONSULTANT's level of effort shall
be based upon 880 hours of field representation. Should this level of effort be exceeded or decreased,
an equitable adjustment shall be made accordingly.
The CONSULTANT's field staff shall be on-site at all times when the Contractor is on the job, as
practicable. In addition, the CONSULTANT's level of effort is based upon the assumption that the
resident project representative shall monitor all Contractor work crews as specified by the CONSULTANT
in the contract document construction sequencing requirements.
CONSULTANT shall attend weekly construction meetings with the Contractor(s), and applicable CITY
representatives for the duration of the construction. The purpose of these meetings shall be to review the
status of construction progress, shop drawing submittals, and contract document clarifications and
interpretations. These meetings shall also serve as a forum for discussion of construction issues,
potential changes/conflicts and any other applicable matters.
In general,the CONSULTANT's resident project representative shall observe the construction of the work
and:
(a) CONSULTANT shall conduct on-site observations of the work in progress to determine if the
contract documents and permit requirements are being complied with and to protect the
CITY, through the CIP PROJECT COORDINATOR, against Contractor work defects and
deficiencies. CONSULTANT shall advise the CITY, through the CIP PROJECT
COORDINATOR, in writing, whenever work is determined to not conform to the contract
documents. The CONSULTANT's observer shall attend all scheduled meetings with the
Contractor.
(b) Maintain a daily log of work performed. The daily notes shall include records of when the
Contractor is on the job-site,weather conditions,change orders,or changed conditions,list of
job site visitors, daily drilling and testing activities, observations in general, and specific
observations in more detail as in the case of observing test procedures. Record, in writing,
the outcome of these inspections. CONSULTANT shall identify any utilities damaged and
verify that the Contractor(s)has notified the respective utility owner.
(c) Verify that tests, equipment and systems start-up are conducted in the presence of
appropriate personnel and that the Contractor maintains adequate records thereof; and
observe,record, and report appropriate details relative to the test procedures and start-up.
(d) Provide a photographic record of the construction, beginning with pre-construction
documentation and completing with post-construction photographs. Photographs shall be
digital snapshot type taken to define the progress of the project and shall be labeled as to
date, location,view, electronically filed by month,and signed by the CONSULTANT.
(e) Review materials and workmanship of the project and report to CITY, through the CIP
PROJECT COORDINATOR, any deviations from the Contract Documents that may come to
the CONSULTANT's attention. Determine the acceptability of the work and materials and
make recommendations to CITY, through the CIP PROJECT COORDINATOR, to reject
items not meeting the requirements of the contract documents.
(f) Check Contractor(s) material certifications and samples, verifying that delivered materials
match approved shop drawings.
(g) Field observe critical points in the construction process.
(h) Direct and supervise the sampling and testing of materials to be performed by independent
testing laboratories under subcontract to the CITY. This task includes the receipt, review and
processing of invoices from the independent testing laboratories for payment by the CITY.
(i) Monitor that record drawing mark-ups are properly maintained by the Contractor, including
progressive record drawings and as-builts.
(j) The CONSULTANT's resident project representative shall coordinate with Its office staff as
necessary to resolve / address all Requests for Information / Contract Document
Clarifications / Field Orders, Change Orders and other such project related correspondence
as may be forwarded by the Contractor,through the CIP PROJECT COORDINATOR
(k) Attend weekly construction meetings
(1) Attend additional meetings with contractor(s) completing work on the project as necessary.
(m) CONSULTANT shall review, verify and sign off on all pay requisitions. CONSULANTS level
of effort includes reviewing Six (6) JOC pay requisitions. In this effort the CONSULTANT
shall advise the CIP PROJECT COORDINATOR of percentage complete being
recommended for concurrence.
If Contractor's work schedule requires RPR to visit the site outside of normal work schedule,
CONSULTANT will be entitled to an equitable adjustment accordingly, based on the hourly rates set in
Schedule B.
Deliverables: -Provide resident project representation on the project.
-Prepare Daily Construction Observation Forms.
-Review invoices for independent testing laboratories.
-Provide photographic records.
-Prepare responses for RFI's and prepare Field Orders.
-Conduct reviews and responses to Change Orders.
-Prepare response for dispute resolutions.
-Conduct reviews and recommendation for claims.
-Attend weekly construction meetings.
- Attend additional meetings with Contractor(s) completing work on the project as
necessary
-Review and recommend payment for monthly contractor pay requests.
Schedule - Ongoing throughout Project.
Task 4.7.1 —Optional Protect Closeout Services: Upon receiving notice from the Contractor(s)advising
the CONSULTANT that the project is substantially complete, CONSULTANT, in conjunction with
appropriate CITY staff, shall schedule and conduct an overview of the project for Bid Package 9A. The
overview shall include CONSULTANT'S development of a "punch list" of items needing completion or
correction prior to consideration of final acceptance. The list shall be forwarded to the Contractor(s). For
the purposes of this provision, substantial completion shall be deemed to be the stage in construction of
the project where the project can be utilized for the purposes for which it was intended, and where minor
items may not be fully completed, but all items that affect the operational integrity and function of the
project are capable of continuous use. Substantial Completion criteria shall be as specified by the
CONSULTANT in its contract documents,and shall also address the startup of warranties accordingly.
Upon notification from Contractor(s) that all remaining "punch list" items have been resolved, the
CONSULTANT, in conjunction with appropriate CITY staff, shall perform a final review of the finished
project. Based on successful completion of all outstanding work items by the Contractor(s), the
CONSULTANT shall assist CITY in closing out the construction contract. This shall include, but not be
limited to, providing recommendations concerning acceptance of the project and preparing/collecting
necessary documentation, including but not limited to, lien waivers, Contractor's final affidavit, close-out
change orders,consent of surety to final payment,and processing of the final payment application.
Deliverables: -Receive Contractor(s)substantial completion notification.
-Coordinate and attend field meetings to review Substantial Completion.
-Prepare and verify that punch lists are completed.
-Certify project completion to appropriate agencies.
Schedule -Ongoing throughout Project.
HAPROPOSALS120131P13.099 Miami BeachICC9A-Scope of Service Amendment 13R Revised
130215.docx
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