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Amendment NO.4 Agreement with Ribbeck Engineering, INC. t540 -3(:) (i3 AMENDMENT No. 4 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND RIBBECK ENGINEERING, INC. DATED July 26, 2016 FOR THE PROVISION OF ADDITIONAL ENGINEERING SERVICES FOR THE INDIAN CREEK DRIVE /STATE ROAD (SR) A1A, 26 STREET TO 41 STREET- FLOOD MITIGATION PROJECT IN THE AMOUNT OF $383,670. This Amendment No. 4 to the Agreement is made and entered this j day of j , 2019, by and among the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (the "City"), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and Ribbeck Engineering Inc., a Florida Corporation having its principal office at 14335 SW 120 St. #205, Miami, Florida 33146 (the "Consultant"). RECITALS WHEREAS, on March 9, 2016, the Mayor and City Commission adopted Resolution 2016-29332 approving a Department Funded Agreement ("DFA") between the City and the Florida Department of Transportation ("FDOT") for the cost sharing of the Indian Creek Drive from 26th to 41st Streets construction project (the "Project"); and WHEREAS, on June 8, 2016, the Mayor and City Commission adopted Resolution 2016- 29456, approving the award of a Professional Services Agreement to Consultant(the "PSA"), to develop the Design Criteria Package ("DCP") and conceptual plans for approximately 0.85 miles of Indian Creek Drive, for a total contract amount of $407,851; and WHEREAS, the DFA stipulates that the Project shall be implemented in two (2) construction phases, the "Interim" phase and the "Ultimate" phase; and WHEREAS, the "Interim" phase construction for the underground drainage component is now substantially complete, which included drainage pipes ranging in sizes up to 72 inches in diameter, drainage structures, 24-inch diameter storm drainage pipes along the side streets, the pump station structure, and roadway drainage system; and WHEREAS, the "Ultimate" phase includes the roadway reconstruction component, raising the roadway, and harmonization to the final grade; and WHEREAS, on April 26, 2017, the Mayor and City Commission adopted Resolution 2017- 29839, authorizing the City to enter into negotiations for Amendment No. 1 to the PSA with Ribbeck Engineering, Inc., to prepare a set of "Interim" construction plans from 25th to 26th Streets and 26th to 41st Streets, including side streets along the entire Project limits, in the amount of $863,171.92 plus a $86,317.19 City contingency, increasing the contract amount by $949,489.11, for a total contract amount of$1,357,340.11; and WHEREAS, on October 18, 2017, the Mayor and City Commission adopted Resolution 2017-30070, authorizing the City to enter into negotiations for Amendment No. 2 to the PSA with Ribbeck Engineering, Inc., to complete the "Ultimate" phase with final signed and sealed construction plans for the entire Project limits, in the amount of $1,056,347.77, plus a fifteen percent(15%) City Contingency in the amount of$158,452.17, increasing the contract amount by $1,214,799.94, for a total contract amount of$1,622,650.94; and WHEREAS, on October 30, 2018, the Mayor and City Commission adopted Resolution 2018-30547, authorizing Amendment No. 3 to the PSA with Ribbeck Engineering, Inc. to perform subsurface exploration to further identify potential utilities conflicts, modifications to roadway and drainage design resulting from requests to modify harmonization plans for the adjacent properties, parking lanes modification to meet FDOT criteria, additional utility coordination, special handrail design to meet City criteria, and additional coordination efforts, in the amount of $308,364.46, plus a ten percent (10%) City contingency in the amount of $30,836.05, increasing the contract amount by $339,196.50, for a total contract amount of$1,961,847.44; and WHEREAS, on July 31, 2019, pursuant to ITB No. 2019-231-KB, the City awarded a • contract to Ric-Man Construction Florida Inc. in an amount not to exceed $13,636,984 to perform • construction services for the Indian Creek Phase III Improvements from 25th to 41st Street project (the "Indian Creek Phase III Project"); and WHEREAS, the City is preparing to enter the construction phase of the Indian Creek Phase III Project, and additional services are required by Consultant for the construction of the Indian Creek Phase III Project; and WHEREAS, the services to be performed by Consultant during construction for the Indian Creek Phase III Project include, but are not limited to, attending and participating in bi-weekly construction meetings, responding to requests for information (RFI's), post bid revisions, Collins Avenue design revisions, geotechnical surveys, testing, and structural design; and WHEREAS, Consultant submitted a negotiated cost proposal for Amendment No. 4 to the Professional Services Agreement to provide engineering services for the Indian Creek Phase III Project during construction, in the amount not-to-exceed $383,670, for a total contract amount of $3,295,006.55; and WHEREAS, the cost proposal submitted by Consultant was reviewed by Public Works Department and the Office of Capital Improvements and deemed to be fair and reasonable. 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. 4. 2. MODIFICATIONS (a) The Agreement is amended, as provided herein and in Schedule "A" attached hereto. (b) In consideration for the services to be performed under this Amendment No. 4, City shall pay Consultant the not-to-exceed amount of $383,670, as provided in schedule "A", attached hereto. (c) This written Amendment No. 4 is the entire agreement between the City and Ribbeck Engineering Inc. with respect to this amendment as further set forth in Schedule "A". No other agreements or modification shall apply to this Amendment No. 4 unless expressly provided herein. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged and shall remain in full force and effect. 4. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 4. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be executed in their names by their duly authorized officials as of the date first set forth above. • ATTEST: CITY OF MIAMI BEACfs, FLORIDA 4/ ' Rafael E. s\ Dan• ' Granado, City �. Clerk �= �' 0t' — IlitoR P ORA, ATTEST: CONSUL _• T: �� •`:� RI,B�jEfK; NGINEE G, NC. //Secretary Principal (ar I4 5 f , 'L ec,c 1 P G. Print Name Print Name APPROVED AS TO FORM & LANGUAGE & FOR ErCUTION &A (j--' 2(24(I city Attorney // Date Schedule A August 13, 2019 Mina Samadi, PE LEED AP } Senior Capital Projects Coordinator +, City of Miami Beach RIBBECK CIP Department Engineering,Inc. 1700 Convention Center Drive CA#27592 Miami Beach, FL 33139 E.I.No.26-0460404 14335 SW 120th St.,Suite 205, Miami,FL 33186 Re: Change Order#4 cnbbeck@gmail com SR AlA/Indian Creek Drive from 25 Street to 41 Street Improvements Cel: 305-319-1397 Flood Mitigation Project-Contract Resolution No. 2016-29456 Phone: 305-383-5909 Fax: 305-383-5979 Dear Mina: Enclosed for your approval, please find our revised Change Order#4 for a value of$383,670.33. Please note that we are running out of funds and would appreciate expediting the approval of this change order. Should you have any questions regarding this invoice payment or require additional information, please contact me at 305-319-1397. Thanks again for the opportunity. Sincerely, Carlos F. Ribbeck, P.E. President INDIAN CREEK DRIVE DRAINAGE MITIGATION PROJECT FROM 25 ST TO 41 ST POST DESIGN SERVICES - CHANGE ORDER 4 ITEM PDS(6/01 to 7/12) 21 Hours Meetings(6/01 to 7/12) 93 Hours Shop Drawings 398 Hours RFI 460 Hours Revisions 388 Hours Additional Scope 236 Hours Meetings 311.5 Hours Revise Collins 53 Hours Total= 1,960.50 Hours Avg Hourly Rate $53.50 Overhead 163.76% _ Operating Margin 38.50% Facilities Capital Cost Money 0.767% Cost(Hrs x Loaded Rate) $317,835.17 Contingency(10%) $31,783.52 Total= $349,618.69 Subs Geotech(Pile and Mast Arm) $3,104.00 Survey(Collins) $10,000.00 Structural(Redesign of Concrete Pads) $16,355.38 Structural(PDS support requested not invoiced) $4,592.26 Total= $34,051.64 Grand Total= $383,670.33 ONGOING PDS Item QTY Hrs/unit Hours Remarks Meetings 21 These are hours already spent from 6/01 to 7/12 PDS 93 These are hours already spent from 6/01 to 7/12 Total= 114 SHOP DRAWINGS Item QTY HrS/unit Hours Remarks Roadway Hand Rails 20 2 40 Bundled by location,16 locations,3 @ concrete pads and 1@ pump outfall TMS 1 8 8 Traffic Monitoring Site @ 40th Street Total= 48 Drainage Drainage Structures 140 1 140 SRPE Pipes 24 1 24 72"SRPE Drainage Structures 178 RCP,Equivalent to SRPE to be procured plus the structures in the yard Pipes 24 RCP,Assume 24 elbows/special manholes Pumps 3 1 3 Pump Station 5 2 10 Pumps,hatch,Discharge pipes,floats,sluice gate Yard Drains 1 1 1 Trench Drains 42 1 42 Total= 220 Signing Sign Panels 12 1 12 Total= 12 Signals Conduit 2 1 2 signal Cable 1 1 1 Pull Box 2 1 2 Service Disconnect 2 1 2 Servicd Wire 1 1 1 Pole 2 1 2 Signal Head S 1 5 Vehicle Signal(Detector) 2 1 2 Pedestrian Signal 2 1 2 Countdown 1 1 1 Controller 2 1 2 Sign 6 1 6 4@26,1@29,1@39 Mas Arms 6 2 12 Flashing beacons 2 1 2 1 for beacons and 1 for structural bracket Total= 42 Lighting Load Centers 2 2 4 Light Pole 1 2 2 Conduit 1 1 1 Conductor 2 1 2 Pull Box 1 1 1 Total= 10 Structures(Mast Arms) Drilled Shafts 6 2 12 4@26,1@29,1@39 Anchor Bolts 6 2 12 4@26,1@29,1@39 Mast Arms 6 2 12 4@26,1@29,1@40 _ Total= 36 Electrical Cabinets12 2 24 Generator1 4 4 VFD 1 2 2 Total= 30 SD Total= 398 0917 =1W1138 OZT 0 09 leJuha!3 090 0£ saJnpn.gS OTT OT SullySri 0Z I 00 sleu8l5 OT T OT 8ulu8IS syluow 0Z @ Sluow iad q alew!ls3 OZT S T 08 aSeuleJo syluow 0Z @o yluow i d q al ewns3 00T S 08 hempeoa syleway sinoH 1!un/sJH Ath wall Ijll REVISIONS Item QTY Hrs/unit Hours Remarks Roadway 8 16 128 Drainage 8 16 128 Revise Roadway plan,Drainge plan,Drainage structure Signing 3 8 24 Signals 3 12 36 Lighting 3 8 24 Structures 3 8 24 Electrical 3 8 24 Rev Total= 388 ADDITIONAL SCOPE Item QTY Hrs/unit Hours Remarks Roadway 10 8 80 Revise Harmonization to Owner's satisfaction;Assume 10 @ 8 hrs Update utility design file-8 hrs upon pending Soft Digs,update XS-8 hrs,Utility Work Schedules-8 hrs,Assume 20 Utility Plans and Redesign 33 4/8 144 drainage struct @ 4 hrs(Drainage XS,Drainage Plan,Roadway Plan)and 10 Rdwy @4 hrs=8+8+8+20x4+10x4=144 Structural 1 12 12 Review letter/calculations for sheet pile eliminination Total= 236 MEETINGS Item QTY Hrs/unit Hours Remarks Bi Weekly Meetings 40 3 180 Assume 20 months/biweekly and half meetings for drainage engineer=20 mths x 2 wk x 3hrs x 1.5 engineers Utility Coordination 7 3 31.5 Assume 2 FPL(Signal&Lighting Power Source),4 Teco(conflicts),1 ATT(Signals)=7 mtgs x 3 hrs x 1,5 engineers Property Owners 5 2 10 Assume 5 property owners @ 2 hrs each Field Reviews 20 3 90 Estimate 20 field reviews(1 every months)x 1.5 person Total= 311.5 REVISION TO COLLINS Item QTY Hrs/unit Hours Remarks Typical Section 1 4 4 1 sheet Pavement Design 1 16 16 Revise Pavement Design and submit for FOOT approval Plan Sheets 2 2 4 2 Sheets Profile 1 2 2 Cross Sections 14 0.5 7 14 Cross Sections Field Reviews 1 4 8 1 Field Review 4 hrs x 2 Engineers Quantities 1 8 8 Total= 49 QC 5% 2 Supervision 5% 2 Total= 53