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2014-28464 Reso RESOLUTION NO. 2014-28464 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. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH AMERICA, INC. FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE SERVICES, FOR A PERIOD OF UP TO THREE (3) MONTHS, FOR THE SOUTH POINTE PARK PIER PROJECT IN THE AMOUNT OF $81,000 WITH PREVIOUSLY APPROPRIATED FUNDING 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 (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, on February 9, 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, on July 1, 2012, 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 is pending approval for additional coordination in the FDEP — CCCL permit RAI process in the not-to-exceed amount of $15,120; and WHEREAS, on January 16, 2013, pursuant to Resolution 2013-28106, Amendment No. 4 to the Agreement was approved for an amount of $300,852 as 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 WHEREAS, on June 28, 2013, Amendment No. 5 to the Agreement was executed approving material and laboratory testing services in the not-to-exceed amount of $9,032; and WHEREAS, this Amendment No. 6 to the Agreement will be executed to extend Construction Administration and Resident Project Representative (RPR) Services for the continued monitoring and inspections of the construction and environmental permitting requirements for an additional period of three (3) months in the not-to-exceed amount of $81,000; and WHEREAS, the Administration has determined that extended services are warranted due to the approval of additional contract time for the CM during the construction phase; and WHEREAS, the total revised agreement including Amendment No. 6 is $784,808 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 No. 6 to the Professional Services Agreement with Atkins North America for extended Construction Administration and Resident Project Representative services, for the South Pointe Park Pier for a total amount of $81,000 with previously appropriated funding from Fund 389, South Pointe Capital Fund. PASSED AND ADOPTED THIS l Vil DAY OF 7004-vlcV2014. ATTEST: CI CLERK "~ INOORP ORATED: yolk APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION i ttorne ft . Date T:IAGENDA120141Januaryl8outh Pointe Park Pier Atkins Admendment 61South Point Park - Atkins Amendment 6 RESO.doc AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ATKINS NORTH AMERICA, INC., DATED May 9, 2011 FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE (RPR) SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $81,000 This Amendment to the Agreement made and entered this day of January 2014, to provide testing services during construction, by and between the City of Miami Beach, a Municipal Corporation existing under the laws of the State of Florida(hereinafter referred to as CITY), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139,and Atkins North America, Inc., a Florida Corporation having its principal office at 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida, 33607 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, pursuant to Request for Qualifications(RFQ)No. 04-10/11,the Mayor and City Commission adopted Resolution No. 2011-27628 on April 13, 2011, approving and authorizing the_ Mayor and City Clerk to execute a Professional Services Agreement with Atkins North America, Inc., (CONSULTANT)for Professional Services for the South Pointe Pier Project(PROJECT); and WHEREAS, the Agreement provides for the design, bid, award and construction administration services for the South Pointe Pier Project in the not-to-exceed amount of$369,000; and WHEREAS, on February 9, 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, on July 1, 2012, Amendment No. 2 to the Agreement was executed to provide 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 shall be executed to provide additional coordination in the FDEP—CCCL permit RAI process in the not-to-exceed amount of$15,120;and WHEREAS, on January 16, 2013, Amendment No. 4 to the Agreement was approved by Commission to provide supplemental Construction Administration services in the not-to-exceed amount of$300,852; and WHEREAS,on June 28, 2013,Amendment No.5 to the Agreement was executed to provide material and laboratory testing services in the not-to-exceed amount of$9,032; and WHEREAS,this Amendment No.6 to the Agreement shall be executed to provide extended Construction Administration and Resident Project Representative services in the not-to-exceed amount of$81,000 for a period of 3 (three) months (see EXHIBIT A-6); and WHEREAS, the total revised agreement including Amendment No. 6 is $784,808 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, correct and are incorporated as part of this Amendment No. 6. 2. MODIFICATIONS The Agreement is amended to include "Exhibit A-6", 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. 6. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 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 City Clerk Mayor ATTEST: CONSULTANT: ATKINS NORTH AMERICA, INC., By TITLE: TITLE: Print Name Print Name ATTACHMENT: EXHIBIT A-6 including Schedule A-Scope of Services, Schedule B-Consultant's Compensation and Schedule C — Hourly Billing Rates APPROVED AS TO FORM & LANGUAGE &FOR EgUTION � s me Date EXHIBIT A-6 SCHEDULE A-' TO THE PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC. SCOPE OF SERVICES Extended Construction Administration Services for the South Pointe Park Pier Project: As extended services to the TASK 4-CONSTRUCTION ADMINISTRATION SERVICES,Atkins North America, Inc. (CONSULTANT) shall perform Construction Administration Services including on-site Special Inspector Services as described herein of an extended period of three(3)calendar months. The extended service period will enable the CONSULTANT to perform necessary Construction Administration and Special Inspector Services in concert with a Change Order issued to the South Pointe Park Pier Project Construction Manger (CM) for 91 excusable, non-compensable calendar days, the details of which are contained in the body of the referenced Change Order. The duration of the CONSULTANT Construction Administration and Special Inspector Services was initially established as twelve (12) consecutive months. Amendment No.6 to the Professional Services Agreement (PSA) will extend the CONSULTANT services an additional three (3) months for a total CONSULTANT service period of fifteen (15)consecutive months. Task 4:Extended Construction Administration Services The CONSULTANT will provide Construction Administration Services during the extended three (3) month service period. The services listed below are those services which require extension and these are described under the Professional Services Agreement, Schedule A - Scope of Services. Other tasks not listed herein are already completed or do not need to be extended since they have not been undertaken as yet. Task 4.2—Bi-Weekly Construction Progress Meetings Task 4.3-Requests for Information/Contract Document Clarifications(RFI's and CDC's) Task 4.4-Requests for Changes to Construction Cost and/or Schedule Task 5:Extended Additional Services(Resident Project Representative Services) The CONSULTANT will continue to 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 CONSULTANT will continue to 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. Page 1 of 6 The CONSULTANT will 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 two(2) SCUBA dive inspections are herein programmed, to inspect and report on any remedial repair work(corrective action)to be undertaken by the CONTRACTOR. Task 5.7.1 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. Task 5.7.2 Full-Time Field Representative and Construction Engineering Inspections: The CONSULTANT will conduct field inspections throughout the extended construction phase of the project. The extended field representative services are predicated on three (3) months extended project duration. 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. Task 5.7.3 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 independent testing laboratory. The CONSULTANT shall maintain test report logs which 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. Task 5.7.4 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. Task 5.7.5 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. Page 2 of 6 Task 5.7.6 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. Task 5.7.7 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: • 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. Task 5.7.8 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. Task 5.7.9 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. Contractor's 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 Page 3 of 6 CONSULTANT will notify the CITY if it considers the mark-up documents insufficient. The CITY will make final determination of payment withholding. Task 5.7.10 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: C Immediately direct personnel to remove themselves from the apparent danger, • 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, i 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. Task 5.7.11 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. Task 5.7.12 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. 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. Page 4 of 6 SCHEUDLE B CONSULTANT COMPENSATION Task Description Payment Method Limiting Fee Extended Construction Administration Services Lump Sum* $9,000.00 Extended on-site Special Inspector Services Hourly Not to Exceed** $61,000.00 Reimbursable Expenses: Hourly& Materials Not to Exceed*** $11,000.00 Grand Total Limiting Not to Exceed Fee $81,000.00 Invoicing Procedures: * The lump sum fee shall be invoiced in three (3) equal amounts of$3,000.00 for each month of extended construction administration services in accordance with schedule B of the Professional Service Agreement. ** The labor costs for the on-site special inspections and reporting services will be invoiced based on actual time expended by the CONSULTANT, times the applicable hourly billing rates per job classification as stipulated in Schedule C - Hourly Billing Rate Schedule. Certified time sheets shall be submitted with each invoice for payment purposes. *** The labor costs 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 time sheets shall be submitted with each invoice for payment purposes. ***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, etc.) shall be submitted with each invoice for payment purposes. 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. Page 5 of 6 SCHEDULE C HOURLY BILLING RATE SCHEDULE Extended 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. Page 6 of 6 A INS SOUTH POINTE PARK PIER EXTENDED SPECIAL INSPECTOR SERVICES EXTENDED CONSTRUCTION ADMINISTRATION SERVICES MANHOUR AND BUDGET CALCULATION 2-Jan-14 77,77777MT-7 T-777" Month- 'mouth Month 7 3 7F SPEC "15- L%LV;SPECY0RSERVICES-- Mouth "g, 24 s 198.00 $4,752 Project M- —.g .t 42 42 42 126 s 91.00 SI466 Engineer El(Project Controls) 511.466 Construction Eagl—(Inspector) 168 169 168 504 5 100.00 550,400 Subtotal Labor-Lump So.Se-l— 654 566AIS Project Management .10 .10 s 198.00 _S1380 Engineer Ei(Project Controls) .18 -18 s 91.00 -$1,638 Construction Engineer(Inspector) -20 -20 s 100.00 -52.000 Subtotal Credit -48 -55,618 --Labor Hourly Rate Undir Watlf-lr6)icao Load Diver(Sr.Engineer 111) 8 a 16 s 180.00 52.880 [liver(Sr.Engineer U) 8 8 16 s 135.00 $2.160 Diver Team Aitamtfl)l v e Sftv(C.turr,wrio.Engineer) 8 8 16 s 100.00 $1.600 Bout Captain(Con3trmcdou Engineer) 8 9 16 s 100.00 5I.600 Subtotal Labor-Hourly Rate SemIee, 64 58.110 a v e e -7 DNe Boat(5800.00 do.,N 2 d.,,) 51,600 Dive Gear(5350.00[d-x 2 day,) 5700 Reproduction(reports.photograph,.etc.) S460 S2,760 Subtotal E.qxmm Dive Support 561,138 SuffrOT'Al,SPECULL"SPEC I TOR&ND DIVES �7 EXTEDEP,C PER SCHEDULE"B"OFTHE A/E AGREEMENT 3.000.00 59.000 CONSULTANT AND CITY AGREES TO 53,000.00 PER MONTH OF EXTENDED CA SERVICES SUBTOTAL CA SERVICES S9,000 GRAND TOTAL NOT to EXCEED AMOUNT $81,000 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. 6 To The Professional Services Agreement With Atkins North America, For Extended Construction Administrative And Resident Project Representative Services,For A Period Of Up To Three(3) Months,For The South Point Park Pier Project;In The Amount Of$81,000 With Previously Appropriated Funding From Fund 389 South Pointe Capital Fund. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects 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 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. On February 9, 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. Subsequently, on July 1, 2012, Amendment No. 2 to the Agreement was executed to provide additional bidding and award services required under a Construction Management at Risk method of procurement in the not-to-exceed amount of$11,974.Amendment No.3 for an amount of$15,120 is pending approval. On January 16, 2013, Amendment No. 4 to the Agreement was approved by Commission to provide supplemental Construction Administration services in the not-to-exceed amount of$300,852. On June 28,2013,Amendment No.5 to the Agreement was executed to provide material and laboratory testing services in the not-to-exceed amount of$9,032. Pursuant to approval of Amendment No. 6, the Construction Administration and Resident Project Representative services will be extended for the continued monitoring of the construction phase and environmental permitting requirements for an additional period of three(3)months for a total not-to-exceed amount of$81,000. Atkins'revised contract amount will total $784,808. The additional services will be added to the Atkins Professional Services Agreement as requested by the City. The Administration has determined that additional services are warranted due to the extension of 91 calendar days to the Contract Time approved for the Construction Manager at Risk firm. The negotiated price submitted by Atkins has 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 Information: 1 Funds: $81,000 389-2577-067357 2 BPI Total $81,000 Financial Impact Summary: City Clerk's Office Legislative Tracking: Mattie Reyes, Ext. 6884 Sign-Offs: Acting Depa ment Assistant Chy Manager City anager Di t DM MT JLM T:IAGENDA120141Janua outh Pointe Park Pier - Atkins Admendment 61South Point Park Pier - A i s Amendment 6 SUMMARY2.doc AGENDA ITEM C MIAMIBEACH DATE HS- /\AIAMIBEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Phillip Levine and Members the City mmission FROM: Jimmy L. Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ATKINS NORTH AMERICA, INC. FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT REPRESENTATIVE SERVICES, FOR A PERIOD OF UP TO THREE (3) MONTHS, FOR THE SOUTH POINTE PARK PIER PROJECT; IN THE AMOUNT OF $81,000, WITH PREVIOUSLY APPROPRIATED FUNDING FROM FUND 389, SOUTH POINTE CAPITAL FUND. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure Value and Timely Delivery of Quality Capital Projects. FUNDING Funding 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 in the amount of$369,000. On February 9, 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. Subsequently, on July 1, 2012, Amendment No. 2 to the Agreement was executed to provide additional bidding and award services required under a Construction Management at Risk method of procurement in the not- to-exceed amount of$11,974. Amendment No. 3 for an amount of$15,120 is pending approval. On January 16, 2013, Amendment No. 4 to the Agreement was approved by Commission to provide supplemental Construction Administration services in the not-to-exceed amount of $300,852. On June 28, 2013, Amendment No. 5 to the Agreement was executed to provide material and laboratory testing services in the not-to-exceed amount of$9,032. Pursuant to approval of Amendment No. 6, the Construction Administration and Resident Project Representative services will be extended for the continued monitoring of the Commission Memorandum—Atkins North America Amendment 6 for South Pointe Park Pier Project January 15, 2014 Page 2 of 2 construction phase and environmental permitting requirements for an additional period of three (3) months for a total not-to-exceed amount of $81,000. Atkins' revised contract amount will total $784,808. The additional services will be added to the Atkins Professional Services Agreement as requested by the City (see Exhibit A-6). The Administration has determined that additional services are warranted due to the extension of 91 calendar days to the Contract Time approved for the Construction Manager at Risk firm. The negotiated price submitted by Atkins 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 No. 6 to the professional services agreement with Atkins North America, Inc. for extended Construction Administration and Resident Project Representative services, for a period of up to three (3) months, for the South Pointe Park Pier Project; in the negotiated lump sum amount of $81,000; with funding from Fund 389, South Pointe Capital Fund. JLM\MT\DM ATTACHMENT—Atkins Amendment No. 6 T:\AGENDA\2014\January\South Pointe Park Pier - Atkins Admendment 6\South Pointe Park Pier Atkins Amendment 6-MEMO.doc.docx