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2013-28222 Reso RESOLUTION NO. 2013-28222 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. 2 TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC. DATED SEPTEMBER 23, 2011, FOR THE BAYSHORE NEIGHBORHOOD NO. 8 RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT — CENTRAL BAYSHORE (PACKAGE A), LOWER NORTH BAY ROAD (PACKAGE B), AND LAKE PANCOAST (PACKAGE C) PROJECTS, FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE SERVICES, FOR A PERIOD OF EIGHT (8) MONTHS, IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $234,409 AND AN ADDITIONAL AMOUNT OF $6,950 FOR REIMBURSABLES EXPENSES, FOR A TOTAL AMOUNT OF $241,359, WITH PREVIOUSLY APPROPRIATED FUNDING. WHEREAS, On January 19, 2011, the Mayor and City Commission approved the award of the construction contract for the Right-of-Way Improvements for Bayshore Neighborhood No. 8 Central Bayshore (Package A) and Lake Pancoast (Package C) to Lanzo Construction Co. of Florida (LCC); and WHEREAS, the Project time in the contract with LCC called for a total of 730 calendar days (or 24 months); and WHEREAS, on July 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27682 authorizing the execution of a Professional Services Agreement with Atkins North America, Inc., (CONSULTANT) in the lump sum amount of $544,000, including reimbursable expenses for Resident Project Representative Services for Neighborhood No. 8 Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C) (the Project)for a period of 26 months; and WHEREAS, on March 14, 2013, Amendment No. 1 to the Agreement was executed by the City Manager, approving additional Resident Project Representative services to provide management support services related to cost analysis and design and permitting management and monitoring for the Phase II work at Central Bayshore, in the not-to-exceed amount of$23,925; and WHEREAS, as stated above, the base contract time for the Resident Project Representative Services was for a period of (26) months, commencing upon the second Notice to Proceed issued to LCC on October 31, 2011; and WHEREAS, on March 13, 2013, the Mayor and City Commission adopted Resolution No. 2013-28162, approving Amendment No. 2 to the Construction Contract with LCC for Central Bayshore (Package A), for additional scope associated with Phase II work and a time extension of 168 days; and WHEREAS, the additional scope associated with Phase II work requires additional Resident Project Representative services; and WHEREAS, additional Resident Project Representative services were necessary due to additional scope added to the Construction Contract with via change orders for additional work related to unforeseen conditions and rain delays, which extended the original project completion date by 76 days; and WHEREAS, the additional scope associated with Phase II work and the approved change orders have extended the Construction Completion date by approximately eight (8) months; and WHEREAS, this Amendment No. 2 to the Agreement in the amount of $241,359 will provide additional Resident Project Representative services for a period of approximately eight (8) months; and WHEREAS, City staff have evaluated the Consultant's cost proposal and are in agreement that the proposal is fair and reasonable; and WHEREAS, Amendment No. 2 to the Agreement, will revise the total contract sum to a not-to-exceed total of$809,284. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the Mayor and City Clerk to execute Amendment No. 2 in the negotiated, not to exceed amount of $241,359, to an existing Agreement between the City of Miami Beach and Atkins North America, Inc., dated September 23, 2011, to provide additional Resident Project Representative Services for the Bayshore Neighborhood No. 8 - Central Bayshore (Package A) And Lake Pancoast (Package C) Project; with previously appropriated funding. PASSED AND ADOPTED THIS DAY OF 2013. ATTEST: CI CLERK R INCORP lO,RATtD APPROVED AS TO FORM &LANGUAGE &FO CUTION Attorne ate 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.2 To The Existing Professional Services Agreement Between The City Of Miami Beach And Atkins North America, Inc. Dated September 23, 2011, For The Bayshore Neighborhood No.8 Right Of Way Infrastructure Improvement—Central Bayshore(Package A), Lower North Bay Road(Package B),And Lake Pancoast(Package C Projects, For Additional Resident Project Representative Services. 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%). Item Summa /Recommendation: On January 19, 2011, the Mayor and City Commission approved the award of the construction contract for the Right- of-Way Improvements for Bayshore Neighborhood 8 Central Bayshore (Package A) and Lake Pancoast(Package C to Lanzo Construction Co. of Florida (LCC). The Project time in the contract with LCC called for a total of 730 calendar days(or 24 months). On July 13,2011,the Mayor and City Commission adopted Resolution No. 2011-27682 authorizing the execution of a Professional Services Agreement with Atkins North America, Inc., (CONSULTANT) in the lump sum amount of $544,000, including reimbursable expenses for Resident Project Representative Services for Neighborhood No. 8 Central Bayshore(Package A), Lower North Bay Road(Package B),and Lake Pancoast(Package C)(the Project). On March 14, 2013, Amendment No. 1 to the Agreement was executed by the City Manager, approving additional resident project representative services to provide management support services related to cost analysis and design and permitting management and monitoring for the Phase II work at Central Bayshore, in the not-to-exceed amount of $23,925. The base contract time for the Resident Project Representative Services was for a period of(26)months,commencing upon the second Notice to Proceed issued on October 31,2011,and ending on October 31,2013. On March 13, 2013, the Mayor and City Commission adopted Resolution No. 2013-28162, approving Amendment No. 2 to the Construction Contract for Central Bayshore (Package A), for additional scope associated with Phase II work and a time extension of 168 days. Additional resident project representative services were necessary due to additional scope added to the Construction Contract via change orders for additional work related to unforeseen conditions and rain delays, which extended the original project completion date by an additional 76 days. Therefore, the additional extension of time is 168 days plus the 76 days totals 244 days or approximately 8 months. Amendment No. 2 to the Agreement in the amount of$241,359 will provide additional resident project representative services for a period of approximately(8)eight months. 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 Information: Source of Amount Account Funds: 1 $39,342 Pay-As-You-Go Account#302-2205-069357 2 $59,012 Water&Sewer Bonds 2000S Fund#424-2205-069357 3 $98,354 Stormwater LOC Fund#429-2205-069357 4 $8,930 Pay-As-You-Go Account#302-2326-069357 5 $13,396 1 Water&Sewer Enterprise Fund#425-2326-069357 6 $22,325 Stormwater Enterprise Fund#427-2326-069357 Total $241,359 OBPI Financial Impact Summa City Clerk's Office Legislative Tracking: Eddie Baldie, ext.6596 Sign-Offs: Departmqfl ctor Asst Cit rfo city M r DM fN1 JM JLM F:\T_Drive\AGE A\2 \June 5\Bayshore-Atkins\Atkins-Amen en No. -SUMM.docx ® MIAMIBEACH AGENDA ITEM C C DATE ® MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me bers of the i y Commission FROM: Jimmy L. Morales, City Manager DATE: June 5, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTH RIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC. DATED SEPTEMBER 23, 2011, FOR THE BAYSHORE NEIGHBORHOOD NO. 8 RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT — CENTRAL BAYSHORE (PACKAGE A), LOWER NORTH BAY ROAD (PACKAGE B), AND LAKE PANCOAST (PACKAGE C) PROJECTS, FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE SERVICES, FOR A PERIOD OF EIGHT (8) MONTHS, IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $234,409 AND AN ADDITIONAL AMOUNT OF $6,950 FOR REIMBURSABLES EXPENSES, FOR A TOTAL AMOUNT OF $241,359, WITH PREVIOUSLY APPROPRIATED FUNDING. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure Value and Timely Delivery of Quality Capital Projects. FUNDING Funding in the amount of$241,359 has been previously appropriated in the Capital Budget, as follows: $ 48,272 Pay-As-You-Go -Account 302 $ 59,012 Water and Sewer Bonds 2000S—Account 424 $ 13,396 Water and Sewer Enterprise Fund —Account 425 $ 22,325 Stormwater Enterprise Fund —Account 427 98,354 Stormwater LOC—Account 429 Total $241,359 BACKGROUND On February 1, 2010, the City of Miami Beach issued ITB No. 18-09/10 for construction of right-of-way improvements for Bayshore Neighborhood No. 8 Central Bayshore (Package A) and Lake Pancoast (Package C). The Mayor and City Commission awarded this ITB to Lanzo Construction Co. of Florida (LCC) at its January 19, 2011 meeting. The project provided for neighborhood right-of-way improvements including the installation of water mains, storm water infrastructure, sidewalk restoration, landscaping, irrigation, and resurfacing of existing roadways. The project time in the contract called for a total of 730 calendar days. Commission Memorandum Bayshore Packages A & C-Atkins North America-Amendment No. 2 June 5, 2013 Page 2 of 3 On July 13, 2011, the City of Miami Beach adopted Resolution No. 2011-27682, authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Atkins North America, Inc. (Atkins) pursuant to Request for Qualifications (RFQ) No. 36-10/11, for Resident Project Representative Services (RPR), in the amount of $544,000, including reimbursable expenses, for a period of 26 months for the Neighborhood No. 8 — Central Bayshore (Package A), Lower North Bay Road (Package B) and Lake Pancoast (Package C) projects. On March 14, 2013, Amendment No. 1 to the Professional Services Agreement with Atkins was executed by the City Manager in the amount of $23,925 to provide management support services related to cost analysis, permitting management and monitoring for phase II work at Central Bayshore (Package A). The City of Miami Beach adopted Resolution No. 2013-28162 on March 13, 2013, authorizing the Mayor and City Clerk to execute Amendment No. 2 to the construction contract between the City of Miami Beach and LCC, for additional scope toward the Central Bayshore improvement project. This additional scope extended the construction schedule for a period of one hundred and sixty-eight (168) calendar days. In addition to the aforementioned extended time, LCC has also been awarded an additional seventy-six (76) calendar days via change orders for additional work related to unforeseen conditions and rain delays. The total additional time approved as related to Resolution No. 2013-28162 and the Change Orders to date amount to approximately eight (8) months. It will be necessary to approve the cost for additional Resident Project Representative Services, in order to extend Atkins' services beyond the original construction contract time. ANALYSIS The RPR's duties and responsibilities include general coordination and communication with the City, the City's Architect/Engineer (A/E) Consultant and the Contractor; attend and participate in the Pre-Construction Meeting with the City as well as all project progress meetings; conduct field inspections on a daily basis throughout the course of the project; monitor specialty A/E Consultant site visits; prepare daily reports; provide photographic records of construction activities; review materials and workmanship of the project.and report to the City any deviations from the Contract Documents; monitor delivery of materials to the job site; review shop drawings; issue non-compliance notices when required; identify any existing facilities damaged by the contractor; perform independent review of any change orders submitted by the contractor; coordinate requests for information with the A/E Consultant; monitor progress of construction and ensure the Contractor's adherence to the schedule; verify pay requisition quantities and sign off on all pay requisitions; coordinate various tests for quality control of the project; monitor record drawing mark-ups; recognize hazards while in the normal conduct of onsite business; review and monitor the Contractor's adherence to an acceptable quality control program; keep a log of all forced work efforts related to a disputed change order; verify compliance with the Maintenance of Traffic (MOT) plan in the field; forward water main shutdown requests to the City; verify substantial completion; and attend "walk-through" inspections of the work; attend and participate in a final completion walk-through and inspection and prepare a final Certificate for Payment. Commission Memorandum Bayshore Packages A & C-Atkins North America-Amendment No. 2 June 5, 2013 Page 3 of 3 The base contract time for these services was for a period of 26 months commencing upon the second notice to proceed issued to the Contractor on October 31, 2011. The construction schedule of the project was extended for a period of approximately eight (8) months. This was due to extensions of time awarded to the contractor via change orders for additional work related to unforeseen conditions, rain delays, and additional scope approved under Resolution No. 2013-28162. The City finds the Not-to-exceed amount of $241,359 to be fair and reasonable. The extension of services will be for an additional eight (8) months to be added to the original contract duration. CONCLUSION The Administration recommends that a Resolution of the Mayor and Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment No. 2, to the existing Agreement between the City of Miami Beach and Atkins North America, Inc. dated September 23, 2011, for a period of eight (8) months, to provide additional Resident Project Representative Services for the Bayshore Neighborhood No. 8A — Central Bayshore right-of- way project in the negotiated, not to exceed amount of $234,409, and an additional amount of $6,950 for reimbursable expenses, for a total amount of $241,359; with previously appropriated funding. Exhibit A: Amendment No. 2 Schedule A, Scope of Services and Schedule B, Fee Schedule JLM/JMT/DM/EB F:\T—Drive\AGENDA\2013\June 5\Bayshore-Atkins\Atkins-Amendment No.2-MEMO.docx EXHIBIT A AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ATKINS NORTH AMERICA, INC., FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES FOR THE BAYSHORE NEIGHBORHOOD NO. 8—CENTRAL BAYSHORE (PACKAGE A), LOWER NORTH BAY ROAD (PACKAGE B), AND LAKE PANCOAST (PACKAGE C) RESIDENT PROJECT REPRESENTATIVE SERVICES DATED SEPTEMBER 23, 2011 SAID AMENDMENT FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $241,359 FOR THE CENTRAL BAYSHORE (PACKAGE A) AND LAKE PANCOAST (PACKAGE C) PROJECT This Amendment to the Agreement made and entered this day of ' 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, on July 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27682 authorizing the execution of a Professional Services Agreement with Atkins North America, Inc., (CONSULTANT) in the lump sum amount of $544,000, including reimbursable expenses for Resident Project Representative Services for Neighborhood No. 8 Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast(Package C) (the Project); and WHEREAS,the Project includes Resident Project Representative Services for a period of 26 months; and WHEREAS, on March 14, 2013, Amendment No. 1 to the Agreement was executed by the City Manager, approving additional Resident Project Representative services to provide management support services related to cost analysis and design and permitting management and monitoring for the Phase II work at Central Bayshore, in the not-to-exceed amount of$23,925; and WHEREAS, on March 13, 2013, the Mayor and City Commission adopted Resolution No. 2013-28162, approving Amendment No. 2 to the Construction Contract for Central Bayshore (Package A), for additional scope associated with Phase II work and a time extension of 168 days; and WHEREAS,the additional scope associated with Phase II work requires additional resident project representative services; and WHEREAS, additional Resident Project Representative services are necessary due to additional scope added to the Construction Contract via change orders for additional work related to unforeseen conditions and rain delays, which extended the original project completion date by 76 days; and WHEREAS, the additional scope associated with Phase II work and the approved change orders have extended the Construction Completion date by approximately eight(8) months; and WHEREAS,this Amendment No. 2 to the Agreement in the amount of$241,359 will provide additional Resident Project Representative services for a period of approximately eight(8)months; and WHEREAS, City staff have evaluated the Consultant's cost proposal and are in agreement that the proposal is fair and reasonable; and WHEREAS,Amendment No. 2 to the Agreement, will revise the total contract sum to a not- to-exceed total of$809,284. 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 By Rafael Granado Matti Herrera Bower City Clerk Mayor ATTEST: CONSULTANT: ATKINS NORTH AMERICA, INC., By TITLE: TITLE: Print Name Print Name F:1T_Drive\AGENDA\2013\June 5\Bayshore-Atkins\Atkins-Amendment 2-.doc SCHEDULE A-2 1. ADDITIONAL RESIDENT PROJECT REPRESENTATIVE SERVICES Task 1.0 - Additional Resident Project Representative Services for a period of approximately eight(8) months, related to extensions of time awarded to the Contractor via change orders for additional work related to unforeseen conditions, rain delays,and additional scope related to Phase II—Central Bayshore(Package A). See attached Atkins proposal dated May 23, 2013. 2. PAYMENT AND COMPENSATION The scope of services described in this amendment shall be performed for a not-to-exceed amount of$241,359. Invoicing shall be as referenced in the original agreement. Consultant's request for additional services is attached for reference purposes. Compensation Original Agreement $544,000 Amendment No. 1 $ 23,925 Amendment No. 2 $241,359 Total Revised Agreement $809,284 ATKINS Atkins North America,Inc. 2001 Northwest 107th Avenue Miami,Florida 33172-2507 Telephone:+1.305.592.7275 www.atkinsglobal.com/northamerica May 23, 2013 (Revised) Submitted Via E-Mail Mr. Edward Baldie, LEED AP Capital Projects Coordinator Capital Improvement Projects Office City of Miami Beach RE: City of Miami Beach - Central Bayshore (Package A) and Lake Pancoast (Package C)—Amendment No. 2 -Additional Services Cost Proposal Dear Edward: Per your request and based on our discussions, following is our revised budget proposal for the additional services related to added scope via change orders as well as additional services related to Phase II scope of work. Atkins' fee proposal is as follows (Refer to Attachment for detailed breakdown): TASK 1.0 - "Additional RPR Svcs. due to CO/Phase 11 Work (Attachment "A") $241,359 TASK 1 - TOTAL $241,359 Atkins understands the importance of this task for the City of Miami Beach and it is thoroughly confident that it can provide support services that will enhance the City's vision of providing quality construction projects. Thank you for the opportunity to once again provide you with our services for this project. Please do not hesitate to contact me with any questions or comments. Regards, Juan Alfonso, Assoc. AlA Assoc. VP/Group Manager w/Attachments Cc: Mr. David Martinez, PE— City of Miami Beach Ms. Maria Cerna — City of Miami Beach File City of Miami Beach ATKINS Central Bayshore and Lake Pancoast AMENDMENT No.2-Change Order/Phase II Additional Services ATTACHMENT "A" May 23;2013 Team: RPR SVCS-BUDGETED HRS Task: Category PM Sr.CM CM Total Budget Hourly Rate: $120.00 $115.00 $101.00 1.0 RPR Additional Services Change Order Work-Resident Project Representative (76 Calendar Days=54.3 Work Days at 8 hours each 434 217 651 day)-CM at Part time Change Order Work-Project manager(at 25%or 109 hours) 109 109 Office review of change orders 102 102 PHASE II-FULL-TIME(8 hours per day)Resident Project Representative(168 Calendar Days or 120 work 960 days) PHASE II-PART-TIME Resident Project Representative (168 Calendar Days-120 work days at 4 hours each day) 0 PHASE II-Project manager at 25%or 240 hours 240 Total Hours-TASK 1.0: 349 1394 319 2062 Total Labor ATKINS: $41,880 $160,310 $32,219 $234,409 TASK 1.0-Reimbursable Expenses $6,950 TASK 1.0-NOT TO EXCEED TOTAL $241,359 ScopelAssumptions: -Budget hours are based on Contractor's approved time request for Change Order scope of work.(76 CD's) -Budget hours are based on Contractor's approved time request for Phase II scope of work.(168 CO's) -Hourly rates are based on schedule C Hourly Billing rate schedule. Note: Since senior construction manager and Construction manager rates are not included in said schedule,comparable hourly rates -Reimbursable expenses are related to company vehicle,maintenance and safety equipment expenses,to be billed on a monthly basis with back-up. aoi3-����.� EXHIBIT A � AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ATKINS NORTH AMERICA, INC., FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES FOR THE BAYSHORE NEIGHBORHOOD NO. 8—CENTRAL BAYSHORE (PACKAGE A), LOWER NORTH BAY ROAD (PACKAGE B), AND LAKE PANCOAST (PACKAGE C) RESIDENT PROJECT REPRESENTATIVE SERVICES DATED SEPTEMBER 23, 2011 SAND AMENDMENT FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE SERVICES IN THE NOT-TO-EXCEED AMOUNT OF$241,359 FOR THE CENTRAL BAYSHORE (PACKAGE A)AND LAKE PANCOAST(PACKAGE C) PROJECT This Amendment to the Agreement made and entered this day of q(� s--, 2-0 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, on July 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27682 authorizing the execution of a Professional Services Agreement with Atkins North America, Inc., (CONSULTANT) in the lump sum amount of $544,000, including reimbursable expenses for Resident Project Representative Services for Neighborhood No. 8 Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast(Package C)(the Project); and WHEREAS, the Project includes Resident Project Representative Services fora period of 26 months; and WHEREAS, on March 14, 2013, Amendment No. 1 to the Agreement was executed by the City Manager, approving additional Resident Project Representative services to provide management support services related to cost analysis and design and permitting management and monitoring for the Phase II work at Central Bayshore, in the not-to-exceed amount of$23,925;an,d WHEREAS, on March 13, 2013, the Mayor and City Commission adopted Resolution No. 2013-28162, approving Amendment No. 2 to the Construction Contract for Central Bayshore (Package A), for additional scope associated with Phase II work and a time extension of 168 days; and WHEREAS,the additional scope associated with Phase 11 work requires additional resident project representative services; and WHEREAS, additional Resident Project Representative services are necessary due to additional scope added to the Construction Contract via change orders for additional work related to unforeseen conditions and rain delays, which extended the original project completion date by 76 days; and WHEREAS, the additional scope associated with Phase 11 work and the approved change orders have extended the Construction Completion date by approximately eight(8)months; and WHEREAS,this Amendment No.2 to the Agreement in the amount of$241,359 will provide additional Resident Project Representative services for a period of approximately eight(8)months; and WHEREAS, City staff have evaluated the Consultant's cost proposal and are in agreement that the proposal is fair and reasonable; and WHEREAS,Amendment No. 2 to-the Agreement, will revise the total contract sum to a not- to-exceed total of$809,284. 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 i herein. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. i The CITY and CONSULTANT ratify the terms of the Agreement, as amended by this Amendment No. 2. - -- - - ESS'-WHEREOF,--the parties hereto have caused-this Amendment No.--210-be executed in their names by their duly authorized officials as of the date first set forth above. i ATTEST: CITY OF MIAN11 BEACH Z By Rafael Granada - ------ — -- City Clerk Edward L. Tobin Vice-Mayor, ATTEST: CONSULTANT: ATKINS NORTH AMERICA, INC., l TITLE: ay TITLE: Sr.�,�c, pr%itdc�t Da.',d J, Cq b SOppn�icn ee TO Print Name Print Name FORM & LANGUAGE &FOR EXECUTION F:1T_Dr li;-=%.G`NDA12013,,June 51Bayshora-AtkinsNAtkins-Amendment 2-.doc om Date SCHEDULE A-2 1. ADDITIONAL RESIDENT PROJECT REPRESENTATIVE SERVICES Task 1.0 - Additional Resident Project Representative Services for a period of approximately eight(8) months,related to extensions of time awarded to the Contractor via change orders for additional work related to unforeseen conditions,rain delays,and additional scope related to Phase II—Central Bayshore(Package A). See attached Atkins proposal dated May 23, 2013. 2. PAYMENT AND COMPENSATION The scope of services described in this amendment shall be performed for a not-to-exceed amount of$241,359. Invoicing shall be as referenced in the original agreement. Consultant's request for additional services is attached for reference purposes. Compensation Original Agreement $544,000 Amendment No. 1 $ 23,925 Amendment No. 2 $241.359 Total Revised Agreement $809,284 i I ATKINS Atkins North America,Inc. 2001 Northwest 107th Avenue Miami,Florida 33172-2507 Telephone:+1.305.552.7275 wvwv.atkinsgtobat.com/northamerica May 23, 2013 (Revised) Submitted Via E-Mail Mr. Edward Baldie, LEED AP Capital Projects Coordinator Capital Improvement Projects Office City of Miami Beach RE: City of Miami Beach - Central Bayshore (Package A) and Lake Pancoast (Package C)—Amendment No. 2 -Additional Services Cost Proposal Dear Edward: Per your request and based on our discussions, following is our revised budget proposal for the additional services related to added scope via change orders as well as additional services related to Phase 11 scope of work. Atkins' fee proposal is as follows (Refer to Attachment for detailed breakdown): i TASK i.0 - "Additional RPR Svcs. due to CO/Phase 11 Wont hment Attac t" " ( A ) $241,39 TASK 1 - TOTAL $241,359 i Atkins understands the importance of this task for the City of Miami Beach and it is thoroughly confident that it can provide support services that will enhance the City's vision of providing quality construction projects. Thank you for the opportunity to once again provide you-with our services for this roiect. Pleased 9 R 1 o not hesitate contact me with any questions or comments. Regards, I I .Juan Alfonso, Assoc. A/A Assoc. VP/Group Manager w!Attachments Cc: Mr. David Martinez, PE— City of Miami Beach Nis. Maria Cerna — City of Miami Beach File City of Miami Beach Central Bayshore.and Lake Pancoast ATKINS AMENDMENT No.2-Change Order/Phase II Additional Services ATTACH MENT "A" May 23;2013 Team: RFR SVCS-BUDGETED HRS Task: Categgry P11 Sr.CM CNI Total Budget Hourly Pate: 5120.00 $115.00 $101.00 .1.0 RPR.Additional Services Change Order Work-Resident Project Representative (76 Calendar Days=54.3 Work bays at 8 hours each 434 217 651 dav)-CM at Part time Charge Order Work-Project manager(at 25%or 109 hours) 109 109 Office review of chance criers 102 102 PHASE Il-.FULL-TIMME(8 hours per day)Resident Project Representative(16a Calendar Days'cr 120 work 960 days) PHASE II-PART-TIME Resident Project Representative (1 c8 Calendar Days-120 wor'.t days at 4 hours each day) 0 PHASE II-Prciect manager(at 25%or 240 hour) . 240 1 f I I Total Hours-TASK 1.0: .149 1 1394 1 319 2052 Total l-abcrATKIN$: $41.430 5160,310 1 $32.219 $233,409 TASK 1.0-Reimbursable Expenses $6,950 TASK 1.0-NOT TO EXCEED TOTAL $241,359 Sco;elAssumpticr,s: -Budget hours are based on Cortr-actor's approved rime.request for Charge Order scope of wcr't(7a"CD's) -Sudga_hours are based or Contrac cr`s approved time request for Phase II sccpe cf work.(168 CO's) -Hourly rates are based en schedule C Houny Billing rate schedule. Note: Since senior ccnstrucdon manager arC-Constructor,manager rates are not inciudecd it said schedule,comparable-haurfy_rates _ -Reimbursable expenses are relatzed to company vehic'e,maintenance and-safety equipment expenses,to be billed on a mcrt!Ny basis*Lh tack-uo. i