C7F-Execute Amendment No 12 City Center ROW Neighborhood Improvement ProjectCOMMISSION 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. 12, 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 $150,155, plus an additional amount of $2,000 for approved reimbursable expenses; to provide extended
construction administration and Resident Project Representation during construction of the project; with previously
appropriated fundil'lQ_from the City Center RDA Fund 365.
43% of the residential respondents to the 2009 Community Satisfaction Survey rated Storm Drainage (to avoid
floodin as Excellent and Good.
I 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 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
9B, during construction of the Project. The period of time for construction duration was anticipated for Bid Package A
to be 24 months and Bid package B to be 18 months.
During the course of the project extensions of time were awarded to the contractor, M. Vila & Associates, Inc. (MVA),
via approved change orders which increased the contract time by 122 days, or approximately 4 months.
On October 24, 2011, MVA was terminated from the City Center 9A project due to failure to comply with previous
notices of default associated with repeated non-compliance issues, delays of time, and other deviations. On October
30, 2011 the City contracted with Metro Express, Inc. under a Job Order Contract (JOG) to assure completion of the
project. Approximately 5.6 months of additional time was added to the contract as a result of MVA's delays and the
necessary correction of the deficiencies. Summary of the revised Project Time is indicated below:
Summary of Project Time (Based on calendar days per the contract}:
Original MVA Contract 720 Days (24 months) 8/24/09 to 8/14/11
Approved MVA Change Orders 122 Days ( 4 months) 8/15/11 to 12/14/11
Projected Completion <Estimate} 168 Days (5.6 months} 12/15/11 to 5/31/12
Total Time 996 Days (33.6 Months)
CMA has submitted a proposal for additional professional services pursuant to the 122 day extension of time awarded
to MV A for approved change orders to the project, and also for additional professional services resulting from the
termination of the contract with MV A which the City will seek financial recovery.
Summary of Additional Cost:
Approved MVA Change Orders RPR Services
MVA Termination Analysis & Report(To be Recovered)
MVA Termination Additional RPR Services (To be Recovered}
Total CMA Cost
$ 48,485
$ 34,680
$ 66.990
$ 150,155
Staff finds both the scope and negotiated fee to be reasonable and appropriate, and the hourly billing rates are well
within the current approved amount negotiated for all City consultants.
The Administration recommends approval of the resolution.
Advisory Board Recommendation:
I N/A
Amount Account Source
Funds: $152,155 365-2616-061357 Ci Center Bid Pack A
OBPI $152,155
islative Trackin
. 6399
MIAMI BEACH 167
AGENDA 1TEM _e_,_7_F __
DATE t9-O-/ 2.,...
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO: embers of the City Commission
FROM:
DATE: February 8, 2012
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. 12, 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 $150,155, PLUS AN ADDITIONAL AMOUNT OF
$2,000 FOR APPROVED REIMBURSABLE EXPENSES; 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.
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 for the amount of $152,155 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. (formally 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 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, 21st
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
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Commission Memorandum
City Center ROW Chen Amendment 12
February 8, 2012
Page 2of3
commercial area on Lincoln Road from Washington Avenue to Collins Avenue.
For the history of all past approved Amendments for Chen Moore & Associates for the City
Center projects, refer to Amendment No. 12, Attachment No. 1.
BACKGROUND -CONSTRUCTION
On April 22, 2009, the City Commission approved the award of a construction contract to M.
Vila & Associates, Inc. (MVA) in the amount of $7,589,825 for the construction of the
Infrastructure Improvement Project I City Center Historic District Bid Package 9A. The original
contract time for the project was 720 days, or 24 months to final completion.
Between September 2009 and March 2011 several owner requested revisions (0/R) to MVA's
contract were requested by the City of Miami Beach Public Works Department, and the CIP
Department. The majority of these revisions were approved by Commission and they were as
follows:
A. Resolution No. 2010-27467 (0/R) for the Construction of Right of Way and Infrastructure
Improvements surrounding the New World Symphony building, Pennsylvania Garage, and
Lincoln Park (Soundscape) Projects. The total amount of the resolution, including
contingency was $961,613.
B. Resolution No. 2010-27374 (0/R) for the construction of a 24-inch PVC sanitary sewer on
James Avenue. The total amount of the resolution, including contingency was $646,031.
C. Resolution No. 2010-27531 (0/R) for the rehabilitation of the stormwater pipe located
along Washington Avenue, between 18th and 201h streets. The total amount of the
resolution, including contingency was $397,529.
D. Additional, miscellaneous, owner requested or unforeseen items. The total amount of
these items were awarded by change order for a total amount of $110,974.
ANALYSIS -FIRST TIME EXTENSION
Extensions of time were awarded to MVA, via approved change orders, for the above
additional work in the cumulative amount of 1 02 days. An additional 20 days were also
awarded to MVA for unforeseen conditions and other owner requested revisions, for a total of
122 days of extensions to the contract time, or approximately 17 weeks.
CMA has submitted a proposal for Additional Resident Project Representative Services which
were required during this extended construction phase. Attachment 2, Schedule B, itemizes
the hours required for a full time resident project representative over the 122-day period. The
total of 693 hours is the required amount of hours based upon a 40 hour full time work week.
Staff confirmed that the negotiated fee of $70.00 per hour for this service is a 2009 rate and is
reasonable and appropriate, as well as below the hourly billing rates currently negotiated for all
City consultants.
ANALYSIS-SECOND TIME EXTENSION AND ADDED SCOPE
On October 24, 2011, after the City performed its due diligence, MVA was terminated from the
City Center 9A project due to failure to comply with notices of default associated with repeated
non-compliance issues, delays of time, and other contract violations. Refer to the Notice of
Termination letter to MVA dated October 24, 2011, Attachment No. 3 and the Letter to
Commission (LTC #290-2011) dated November 14, 2011, Attachment No. 4. On October 30,
2011 the City contracted with Metro Express, Inc. (MEl) under a Job Order Contract (JOC) to
169
Commission Memorandum
City Center ROW Chen Amendment 12
February 8, 2012
Page 3of3
complete the project.
CMA has also submitted a proposal for additional professional services resulting from the
termination of the contract with MVA. The City requested the Consultant perform an extensive
construction status analysis and prepare a preliminary punch list of the project. The findings
were presented in report form, which included an estimate of probable cost to complete the
project as well as repair all construction deficiencies which required correction. The total cost
of this effort is $34,680. In addition, the Consultant has been requested by the City to continue
its duties as the Resident Project Representative (RPR) during the period of time required to
complete the project with the new contractor, Metro Express, Inc. Approximately 5.6 months
of additional time was added to the contract as a result of MVA's delays and the necessary
correction of the deficiencies. The total, not-to-exceed cost of the additional time for RPR
services is $66,990. The City will be seeking financial recovery from MVA for the additional
cost to extend the contract time and to prepare the estimate of probable cost.
Attachment 5, Schedule C and Schedule D, itemizes the hours estimated and scope to be
required for each of these additional tasks with an anticipated project completion date of May
31, 2012.
Staff finds both the scope and negotiated fee to be reasonable and appropriate, and the hourly
billing rates are well within the current approved amount negotiated for all City consultants.
The current schedule for completion of the Project is summarized below:
Summary of Project Time (Based on calendar days per the contract):
Original MVA Contract 720 Days (24 months) 8/24/09 to 8/14/11
Approved MVA Change Orders 122 Days ( 4 months) 8/15/11 to 12/14/11
Projected Completion (Estimate) 168 Days (5.6 months) 12/15/11 to 5/31/12
Total Time 996 Days (33.6 Months)
Summary of Additional Cost:
Approved MVA Change Orders RPR Services
MVA Termination Analysis & Report (To be Recovered)
MVA Termination Additional RPR Services (To be Recovered)
Total CMA Cost
CONCLUSION
$ 48,485
$ 34,680
$ 66.990
$150,155
The Administration recommends the execution of Amendment No. 12, in the negotiated, not to
exceed amount of $152,155, 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 Representation Services for the City Center
Neighborhood Improvement Right-of-Way Project Bid Packages 9A; with previously
appropriated funding from the City Center RDA Fund 365.
Attachment 1 -Amendment No. 12
Attachment 2 -Schedule B
Attachment 3-MVA Termination Letter
Attachment 4 -Letter to Commission
Attachment 5 -Schedule C & D
JMG/DB~DM/MH
T:\AGENDA\2012\2-8-12\City Center ROW\City Center ROW-Chen Amend No 12 MEMO.docx
170
RESOLUTION NO.------
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. 12, 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 $150,155, PLUS AN
ADDITIONAL AMOUNT OF $2,000 FOR APPROVED REIMBURSABLE
EXPENSES; 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.
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 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 181h 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, ori 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
171
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 98, 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
1ih Street and Pennsylvania Avenue; and 1ih Street and Convention Center Drive, resulting
from the proposed pedestrian signalization additions on 17th Street between Convention Center
Drive and Washington Avenue; and
WHEREAS, the Consultant has submitted a proposal for additional professional services
required due to a 122 day extension of time awarded to the contractor, M. Vila & Associates, Inc.
for approved change orders to the project; and
WHEREAS, the Consultant has submitted a proposal for additional professional services
required due to the termination of the contractor, M. Vila & Associates, Inc; and
WHEREAS, the total additional fee requested by the Consultant for the additional-work
including reimbursables is $152, 155; and
WHEREAS, the Capital Improvement Project Office has evaluated the Consultant's cost
proposal and are in agreement that the proposal is reasonable.
172
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. 12, 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 $150,155, plus an additional
amount of $2,000 for approved reimbursable expenses; 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---DAY OF ____ .2011.
ATTEST:
CITY CLERK MAYOR
173
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
Attachment 1
AMENDMENT No. 12
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 $150,122 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. 12 to the Agreement, made and entered this _day of 2012,
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 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 21 51 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
174
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 9B, 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 1 ih 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, the Consultant has submitted a proposal for additional professional services
required due to a 122 day extension of time awarded to the contractor, M. Vila & Associates, Inc.
for approved change orders to the project; and
WHEREAS, the Consultant has submitted a proposal for additional professional services
required due to an additional 168 day extension of the project time due to the termination of the
contractor, M. Vila & Associates, Inc; and
WHEREAS, the total additional fee requested by the Consultant for the additional work
including reimbursables is $152, 155; and
WHEREAS, the Capital Improvement Project Office has evaluated the Consultant's cost
proposal and are in agreement that the proposal is reasonable; and
175
WHEREAS, this Amendment No. 12 to the Agreement, will revise the total contract sum to
a not-to-exceed total of $3,466,449.
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. 12.
2. MODIFICATIONS
The Agreement is amended to include and incorporate the additional work, as set forth in
Attachment 3, 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. 12.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 11 to be executed
in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
Robert Parcher, City Clerk
ATTEST:
Secretary
Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
CITY OF MIAMI BEACH, FLORIDA
Jorge M. Gonzalez, City Manager
CONSULTANT:
CHEN MOORE AND ASSOCIATES, INC.
President
Print Name
Date
176
~ ...... ...... T:\AGENOA\2012\2-8·12\Cily COMI!lif ROW\Citr CunW. ROW ·Chen Amend. No. 12 Attacrnnrnfa. 4·b Attachment 2 SCHEDULE B CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE PROGRAM A-E CONSULTANT CONSULTANT'S COMPENSATION FEE SCHEDULE CITY CENTER 9A SCH B rev 1/27/2012 ~ """"\ 'I ~ (\ ~ ~ ~ ,)...
Attachment 3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beech, Florida 33139, www.micmibecchll.gov
CAPITAl IMPROVEMENT PROJECTS OFFICE
Tel: 30.5-673-7071, Fax: 305-673-7073
October 24, 2011
Miguel Vila, Vice President
M. Vila & Associates. Inc.
12097 ~98th Avenue
Hialeah Gardens, FL 33018
Re: Notice of Termination
Projed: City Center 9A ROW
Dear Mr. Vila:
Via Email and FedEx Tracking Number
874466406567
Due to failure to comply with previous notice of default issued September 29, 2011. M. Vila &
Associates is hereby terminated for cause as of October 24, 2011. The Contractor is therefore
excluded from the project site, (except to the extent of immediately removing all equipment
and materials). As stated in Section 15.1, the City will use all materials and equipment on the
Project site as may be suitable and acceptable. M. Vila shall not be entitled to receive any
further payment until the Project is completed.
Pursuant to Section 15.4, "Upon receipt of Notice of Termination pursuant to Section 15.1 or
15.3 (of the General Conditions), Contractor shall promptly discontinue all affected work .•. and
deliver or otherwise make available to City all data, drawings, specifications, reports,
estimates, summaries and such other information as may have been required by the Contract
Documents whether completed or in process".
Attached also find details of the default certification from Chen Moore & Associates, indicating
constant deviations from the contract.
In summary, the response from M. Vila dated October 4, 2011 is inadequate and does not
comply with the requirements of the contract as follows:
1. Dewatering Permit Expiration and Expiration of Bacteriological Tests:
The email sent from Mayra Aguiar (M.Vila) to Rogelio Mata (DERM} dated October 4, 2011
is not accurate, since the permit received on that day did not address the proposed method
of properly dewatering 20th Street by using the new drainage system to convey to gravity
well No. 6 on James Avenue.
The correct Dewatering permit from DERM was not issued until October 14 and received
178
l'vl. Vila & Associates Notice of Termination
City Center 9A Project
Page2of3
via email on October 18. This has caused a delay to the critical path of the project of 55
days.
In addition, l'vl. Vila allowed the bacteriological tests to expire on James Avenue. This is a
significant delay to the project and to the ability to complete James Avenue prior to Art
Basel week.
2. 20th Street:
Drainage crews demobilized on 20th Street after the City sent l'vl. Vila the Notice of Non-
Compliance and Stop Work Directive dated August 24, 2011 due to unsafe conditions for
employees and lack of a dewatering permit. Currently, the only ongoing scope of work. is
road reconstruction between Collins Avenue and Liberty Avenue.
The City through its Department of Public Works, mobilized on 20th Street on September 14,
2011, to remove all material, equipment and/or debris that was feft behind by M. Vila. The
City also installed temporary asphalt between Washington Avenue and Liberty Avenue
along with a portion of sidewalk in order to make it safe for pedestrians and vehicles to
park. Pursuant to Section 01010 /Item 13, "Materials and equipment shall not be stored
within the right of way during non-working hours without prior approval of the City. The
Contractor shall be responsible for identifying a rocation to store material and equipment".
The City did not authorize the use of 20th Street for storage. The City even allowed M. Vila
to use a lot behind the Convention Center since work on 20th Street commenced. As stated
in the previous letter dated September 29, 2011, several requests were made by CIP
requesting that M. Vila clean-up between Washington Avenue and Liberty Avenue. The City
was continuously ignored.
3. Insufficient Workers:
The City does not agree with M. Vila's statement in reference to maintaining sufficient
workers on site. The schedule attached to your letter dated October 4, 2011 speaks for
itself; as the finish date was pushed out to November 24, which is over a 30 day delay from
your contractual substantial completion date of October 16, 2011. Manpower is one of the
most effective methods to ensure a project is completed per schedule as per your contract.
and the City has continuously made requests to increase it to an adequate level.
The City has repeatedly requested that M. Vila not disrupt residents and businesses more
than absolutely necessary. Yet, M. Vila continued to not complete minor tasks (i.e, conduit
installation) in previous work zones forcing subcontractors and laborers to return to trench
the roadways after the first lift was installed. M. Vila's means and methods were irrational,
disorganized and disruptive. The City has never asked the Contractor to scale back, only to
complete one roadway before demolishing another due to lack of adequate residential
parking. At times, the City has also reminded M. Vila that work cannot take place in
adjacent roadways, only alternating roadways, in an effort to have every other roadway
open for access, pursuant to Section 01010.
4. Pay Requisition Delays:
Article 4 of the Contract states that the acontractor's application shall show a complete
breakdown of the Project Components, the quantities completed and the amount due,
together with such supporting evidence as may be required by Consultant." Technical
Specifications Section 01152 1.05 A.5, states the Contractor shall submit ''other information
179
M. Vila & Associates Notice of Termination
City Center 9A Project
Page 3 of3
as may be deemed necessary." Pay Application submittal requirements have become
stricter over time due to proof of repeated subcontractor/supplier non-payment.
5. Updating of Construction Schedule:
The Construction schedule submitted with letter dated October 4, 2011 is not acceptable
pursuant to Section 01311 -Schedule and Reports. Several tasks were omitted, such as
substantial drainage repairs required at all areas inspected by the Public Works
Department, crosswalk paver installation, header band repairs and 18th Street service point
completion. The technical specifications under Section 01311 state that "if the Contractor
believes it wilt take more than thirty (30) days to recover all of the lost time, it shall prepare
and submit a request for revision to the Construction Schedule and comply with all of the
··requirements for a Schedule Revision". Therefore, once M. Vila determined that the new
substantial completion date was November 24, 2011, a request for a Schedule Revision
should have been made and all items described under Section 01311, 1.10 should have
been followed for compliance. Failure to comply with the requirements of this Section
constitutes a default by Contractor under Item 1.13 of this section.
6. Record Drawings:
Progress plans were submitted with every Pay Application package NOT Record Drawings.
Progress plans are required to show progress between previous pay applications to the
requested date of payment. Record drawings are detailed as built plans that include
horizontal and vertical locations of underground utilities referenced to permanent surface
improvements, location of internal utilities concealed in the construction, field changes,
changes made by field order or by change order, details not shown in contract drawings,
benchmark positions and their vertical values and shall be certified by a Professional Land
Surveyor registered in the State of Florida, (see Section 01720). Final Record Drawings
have not been submitted to date.
cc: Martin Vila, President, M. Vila & Associates, Inc.
Maria Hernandez, RA, Sr. CIP Capital Projects Coordinator
David Martinez, PE, CIP Acting Assistant Director
Jose Perez, P.E., CIP Capital Projects Coordinator
Elisa A Iglesias, CIP Capital Projects Coordinator
Peter Duena, El Chen Moore & Associates, Inc.
Oscar Bello, PE Chen Moore & Associates, Inc.
Fred Beckman. PE, PWD Director
Rhonda Montoya Hasan, First Assistant City Attorney
William Sanford, The Hanover Insurance Company
Enclosure: Letter from Chen Moore & Associates dated 10-21-11
180
. ,
Maria Hernandez
City of Miami Beach
Capital Improvement Projects Office
n1 -17th Street. 3rd Aoor
Miami Beach. Florida 33139
Subject: City of Miami Beach
October 20, 20 II
Right-of-Way Infrastructure Improvements Program
Neighborhood 9: City Center-Bid Package No. 9A
Bid No. 19-08/09
Dear Ms. Hernandez:
500 Cypress Creek Road, Suite 410
Fort Lauderdale, FL 33309
954.730.0707 {Phone)
954.730.2030 (Fax)
ViaE-mail
In accordance witll Contract Documents, Section 1720, Article 1.06, project record drawings shall be
maimained up-to-date as tile work progresses. The City has received progress plans for processing progress
payments witll the expectations tllat tile contractor will submit signed and sealed Record Drawings at a later
date. Per contract documents, tile work should be supervised by a Florida Licensed Registered Professional
Land Surveyor. During our recent review of tile watermain as-built plans, we have gone through several
iterations of comments which have not all been addressed. Furthermore, we have not received stormwater as-
built plans in accordance with technical specifications.
Per Contract Documents, Section lO 10, Article 1.25, revised project schedule should be submitted along with
every pay request. Contractor has not included an updated schedule with tile most recent pay request packages.
We received a revised project schedule dated September 30, 2011. From our review, we have identified
multiple discrepancies and tile schedule cannot be accepted. Please refer to our memo dated October 19, 2011.
The construction progress does not measure to the submitted construction schedule. In accordance with Section
1010, article l.lO, contractor should commit resources necessary to ensure the completion of the project in a
timely manner.
James Avenue watermain bacteriological test results have recently expired. We have proactively notified the
contractor of the expiration. To date, we have not received any response from the contractor. Watermain
certification packages cannot be submitted without acceptable test results.
Several non-compliance notices have not been addressed by the contractor. The Contractor has not responded
nor corrected tile non-compliance.
Should you have any questions or comments, please do not hesitate to contact me at 954.730.0707.
ORB/
Respectfully submitted,
~~ ~~..m ¥socrATES
Oscar R. Bello, P.E.,
Project Manager
C;ll:s:rslobel!oiDocumentsiChen\Projects\Miami Beach\City Cemer\IIHernandeziOZO_Proj~ .. "t Summary.dc.;
"Prc•tfcing qr..:alit';, responsive ar:d pr:;fessfcnal service to clients, .ceers anc:! tiie public for over 25 yeers"
181
MEMORANDUM
500 Cypress Creek Road, Suite 410
Fort Lauderdale, FL 33309
954.730.0707 (Phone)
954.730.2030 (Fax}
To: Maria Hernandez, District Manager· Middle Beach Neighborhoods
CC: Elisa A. lglesi~ Capital Projects Coordinator
From: Oscar R. Bello
Date: October 19,2011
Re: Neighborhood 9: City Center-Bid Package No. 9A
Revised Schedule Review
Missing from the Schedule:
• Activity to conduct Project Walk-Thru
• Activity for addressing Punch List
• Contractor Certification of Schedule. Per Technical Specification section 13 I l, in submitting any
proposed schedule revisions to the City, Contractor shall submit therewith the following
certification:
"The undersigned CONTRACTOR certifies that the proposed schedule revision to the Construction
Schedule which comprised of the graphic network of activities displayed on the sheets dated
____ and of the computerized mathematical reports dated is CONTRACTOR's
schedule revision to the Construction Schedule as required by the Contract Documents; and that said
schedule revision is a true and accurate representation of its plan to complete the WORK. including all
Change Orders that are in the CONTRACTOR's possession as of the foregoing date, and fully
complies with the requirements of the Contract Documents. The CONTRACTOR further certifies that
it will prosecute the WORK in accordance with this schedule revision, subject to any change therein
which is implemented in accordance with the Contract Documents; and the undersigned certifies that it
has met and coordinated with and obtained the approval of said schedule revision by all separate
CONTRACTORs, as evidenced by their signature thereon; and CONTRACTOR further certifies that
it has met and coordinated with and obtained the approval of said schedule revision by all separate
CONTRACTORs, as evidenced by their signature thereon; and CONTRACTOR further certifies it has
fully complied with all of the requirements of the Contract Documents relating to coordination of said
Schedule with separate CONtRACTORs."
General:
• "Miscellaneous items completion" should provide more specific activities.
• Second lift of asphalt should be shown after substantial completion.
"Pr~vicir:g quality, responsiw: ar.d professional ser1ice co clients, pe:rs and ti1e public for over 25 years"
182
Washington Avenue
Pending activities not addressed in the schedule:
• Address asphalt sections that did not pass density
• Water main cut & caps
• Lamping Report comments
• Roof drain connections
17th Street:
Activity 17130: "Crosswalks and bumpouts". Schedule shows activity on-going thru 10/20/20 l L To
date, we have not observed this activity take place.
18th Street:
Activity Al050: "Lamping inspections". Activity shows 09/14/11 as end date. To date, activity is not
complete.
Activity Al040: "Asphalt second lift''. Activity shows ll/04/11 as end date. The following activities are
pending before activity takes place:
• Concrete collar around WN£ gate valves
• Lamping inspection and acceptance
• Stormwater installations near Collins Avenue
• Roadway restoration between James Avenue and Collins Avenue due to \V"NI leak
• Adjustment to Stormwater inlets
• \Vatermain tie-in to existing 8" watermain near Collins A venue
• Fire line connections
Activity Al060: "Service point installation". Activity shows 09/0 Ill! as end date. To date, activity is
not complete.
19th Street:
Activity 19010: '"Lamping inspections··. Activity shows 09/:!8/ll as end date. To date. activity is not
complete.
Activity 19001: ''\Yatermain Washington to James''. Activity shows 08/:!7/10 as end date. Trench
restoration is pending.
Activity 19012: "Asbuilts. testing, certitication, connections". Activity shows 09/0l/ll as end dace. To
date, Asbuilts, and connections are not complete.
Activity 19005: ''Concrete \Vashingron to James". Activity sho,vs 09/29110 as end date. Sections of
sidewalk install incorrectly and missing structural soil.
183
Activity 19016: "Crosswalk at Park Ave". Activity shows 06/14/11 as end date. To date, activity is not
complete.
Activity 19007: "Asphalt Washington to Collins first lift". Activity shows ll/ll/10 as end date. Trench
restoration is pending.
Activity 20072: "Service point connection". Activity shows 09/01/ll as end date. To date, activity is not
complete.
21st Street:
Activity 21010: "Lamping inspection". Activity shows 09/30/ll as end date. Activity performed by
MBPWD, corrective work pending.
Activity 21006: "Concrete Washington to Park". Activity shows 11117/10 as end date. To date, activity
is not complete.
Activity 21007: "Concrete Park to Libertt'. Activity shows ll/18/10 as end date. To date, activity is
not complete.
Activity 21018: "Crosswalk at Park". Activity shows 08/10/ll as end date. To date, activity is not
complete.
Activity 21028: "Landscape and Irrigation Final". Activity shows 10113/ll as end date. To date,
activity is not complete.
Activity 21009: "Asphalt Washington to Collins". Activity shows ll/23/10 as end date. Asphalt
restoration pending for Electrical work.
Libertv A venue:
Pending activities not addressed in the schedule:
• Lamping inspection.
Activity UOOO: "Drainage 19rh Street to 20'h Street". Activity shows 0 l/04/ll as end date. To date,
activity is not complete.
Activity LlOOl: "Drainage 20'h Street to 21'' Street". Activity shows OU!llll as end date. To date,
activity is not complete.
Activity Ll002: "Water 19'h Street to 20'h Street". Activity shows ll/18/lO as end date. To date,
activity is not complete. \Vatermain tie-in at 20'h Street is pending.
Activity Ll006: "Concrete l9'h Street to 20th Street". Activity shows 11/l7110 as end date. To date.
activity is not complete. Bump-outs at Liberty Avenue & 20th Street is pending.
Activity Ll007: "Concrete 20th Street to 11" Street". Activity shows 1212lll0 as end date To date.
activity is not complete. Driveway south of 20'h Street is pending.
3
184
Activity Ll008: "Asphalt l9'h Street to 21'' Street". Activity shows 03/04/ll as end date. To date,
activity is not complete. Trench restoration and installation of stormwater manhole covers are pending.
Park A venue:
Drainage Installation, activities P0900 to PI 00 1.5. does not include activity to address comments from
Iamping report.
Activity Pl002: "Water 19th Street to 20th Street". Activity shows 12/10/10 as end date. To date, activity
is not complete. Trench restoration is pending.
Activity P 1023: "As'-builts, testing, certification, connections". Activity shows 08/26/11 as end date. To
date, activity is not complete. Certified as-built drawings are pending.
Activity P 1004: "Read work zolh Street to 21st Street (east)". Activity shows 04/07/11 as end date. To
date, activity is not complete. Trench restoration for stormwater is pending.
Activity Pl006: "Concrete 20th Street to 21st Street". Activity shows 03129111 as end date. To date,
activity is not complete. Bump-outs at Park Avenue & 20th Street is pending.
Activity Pl008 & Pl008.5: ··Asphalt 191h Street to 21st Street first lift". Activity shows 06/03/ll as end
date. To date, activity is not complete. Trench restoration is pending .
.James A venue:
Activity JlOOO: "Drainage l9'h Street to l8tlt Street". Activity shows 01/04/11 as end date. To date,
activity is not complete. Manhole covers and completion of offset structures are pending.
Activity 11001.12: "Lamping inspections''. Activity shows 09/14/l I as end date. To date, activity is not
complete.
Activity Jl015: ••As-builts, testing. certification, connections". Activity shows 10120/l I as end dace. To
date, activity is not complete. Certified as-built drawings are pending and watermain bacteriological tests
expired.
Activity "Demo roadwork. curbpad, etc". Activities show 06/02/1 l as end date. To date, activity is not
complete. Trench restoration is pending.
Activity JI020: •·Landscaping & irrigation''. Activity shows 10/20/ll as end date. 'To date. activity is
not complete.
Activity ''Asphaltic paving first lift''. Activity shows 06/07/11 as end date. To date, activity is not
complete. Trench restoration and asphalt corrective work is pending.
Activity ··sewer... This is work for CMB PWD. A.:tivity shov.rs 03/25/ll as end dare. To date. activity is
not complete. ~fanhole restoration. painting structures. and watertight gaskets are pending.
185
20th Street:
Activity 20003.16: "As-builts, testing. certification, connections". Activity shows ll/10/ll as end date.
Activity should show milestones such as flushing, chlorination, sample points, etc.
Activity "Watermain construction". Activity shows 08/03/11 as end date. To date, activity is not
complete. Trench restoration and installation of reinforced concrete slab are pending.
Activity 20005.2: "Roadwork Park to Liberty". Activity shows 10112111 as start date. To date, activity
has not started and the float time of29days is not captured on the schedule.
Activity 20008: "Concrete Liberty to Collins"_ Activity shows 10/13/11 as end date. To date, activity is
not complete. Sidewalk sections are missing.
Activity "Concrete c1:1rbs & sidewalks". Activities are shown on the critical path and cannot be started
until its predecessor activity is complete (i.e. Roadwork).
C:\Userslobdlo\Documents\Chen1Proj.:cts\1•4iami Beach\City CenteriCC9A Schedule Review 10! ! -I 0-17 .doc:<
5
186
, . ..
Attachment 4
. ·.-·'f·· ·-;:::·f··~ ... ~--
MlAMJ BEACH· ··;-..•" ;-·.'. ··~ ... ,.
. .
OFFICE OF THE CITY MANAGER . '
.... '
LTC#: 290-2011 I
l._ __________ )
l")rc··FI\1'=0. hC. .-ilL..'
LETTER TO cgft'ltrN~~ICRMi 1: 0 1
0 • • • • ~
~tTY CLERK'S OFF ICE
TO; ·Mayor Matti Herrera Bower and Members of.the City Commission
FROM:
DATE:
SUBJECT:
Jorge M. Gonzalez, City.'Manager ~
Novefl'\ber 14, 2011 · .u .. (__/
City Center 9A -New Contractor Commences. Construction Activities
The ·purpose of .this. Letter to Commissiqn (LTC) is to inform you that the' office of Capital
~mprovement Projects recently terminated M. Vila and Associates, Jnc., for caus~ and hired
Metro Express, Inc.-to complete the ,scope of work originally iriterided the City' Center'9A ·
Neighborhood .
.The .sequence Qf evenls as it pertains·; to contractor termination aild. replacement occurred as
follows: ' ·
• October 24, 2011 -· M. Vila and Assoc::iates was· terminated .for cause and asked to
demobilize from the project limits. · · · · ..
• O¢tober 26, 2011 -M. Vila arild Associates· demobilized and remov~d .all equipment
--'from the-site--· · · · -· · -· -· · · · -· · .. -
• Qctciber 27, · 2011 -Metro. Express began a clean-up effort t~roughout ihe project
limits. · · . · · · .
• . October .. 31; 2Ch1 ~Metro' Express officially.mobiiized to -complete·ttie City Center 9A ·
Improvements. · ·
The scope _of work to· be finished includes:.
• Water Main Improvements
• Drainage Improvements
• Lighting Improvements
.. • Landscaping ImprovementS::.
• Roadway ImprovementS
. • Hardscape Improvements
.. .
···-~
.The immediate effort is to assist Metro Express fn expediting ~II ·work concemhigthe ·a'rea most
us~d 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 safe 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 qrder to~ :;r
logistically ~complete" areas, critical to the advancement of the project.
All work Is expected to be completed by Spring 201.2.
The public involvement procE)ss of the project was maintained while the contractor was being·
terminated. The Public Information Officer (PIC} that was hired by M. Vila·and Associates·was ·
· retarned by Metro Express, Inc. so that impacted stakeholders continue to receive project
updates and alerts from the same source. Additionally, the City is coordinating a Construction
. . ~
187
..
~
'·
··I
... ,.·
/.
. ..~. '
... ~ .. ·
•• ! "'
.... : .·
.: .
• ·;"':',i( •.
,.
Letter to Commission,.... New Contractor Commences Construction Activities
Ndvember 14, 2011
Page 2()f2
Update Meeting in order to. present Metro Express, Lnc. as the new contractor, explain what
scope ofwork·has to be finalized, and provide a schedule update. . .
If yo~ay~e y dditio~al questions, please feel free to contact me.
\V·j .~
· JMG/DB/ /0 I H · ·
. . .
'-· .-
We are committed ·to providing excellent public service and safety to all who live. work, and ploy ir.· our •ibrant. tropical. historic community.
188
~ 00 (Q T:IAGENDA\201212-B·12\Clly C1M110f ROW\CIIy Cootur ROW • Chun /lmtillld. No. 12 Attw;ttmenhl4-6 Attachment 5 SCHEDULEC CITY OF MIAMI BEACH RIGHT OF WAY INFRASTRUCTURE PROGRAM A-E CONSULTANT CONSULTANTS COMPENSATION FEE SCHEDULE CITY CENTER 9A SCH C rev 1/27/2012
Attachment 5
SCHEDULED
SCOPE OF SERVICES
Basis of Scope:
The original contract for Bid Package 9A anticipated construction duration of 24 months. The
original Tasks under Task 4 Construction Administration Services need to be replenished to
cover the remaining time to complete the project. It is anticipated that the construction for Bid
Package 9A will be complete in approximately 6 months.
Task 4.3.1 -Requests for Information I Contract Document Clarification (RFis I CDCs):
Consultant shall prepare a written response to RFis which involves the interpretation of design
issues or design intent. In addition, the CONSULTANT may be requested by the City to prepare
and forward CDCs should certain items within the contract documents require clarification.
Task 4.6.1 -Field Observation Services: The Consultant shall provide specialty site visits by
various design disciplines (civil, electrical, and landscaping) on an as requested basis for final
acceptance or certification.
Task 5.8.1.1 -Resident Proiect Representative Services BP9A: The 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 957 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.
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 meeting 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.
Page 1 of 3
190
(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) CONSULTANT shall verify and sign off on all pay requisition quantities in the field.
CONSULT ANT shall develop a Field Measurement Form and utilize such form as
verification of pay requisition items. In this effort the CONSULTANT shall advise the
CIP PROJECT COORDINATOR of quantities being approved for concurrence.
(j) Monitor that record drawing mark-ups are properly maintained by the Contractor,
including progressive record drawings and rock as-builts.
(k) The CONSULT ANT's resident project representative shall coordinate with its office
staff as necessary to resolve I address all Requests for Information I Contract
Document Clarifications I Field Orders, Change Orders and other such project
related correspondence as may be forwarded by the Contractor, through the CIP
PROJECT COORDINATOR.
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 and recommend payment for monthly contractor pay requests.
-Process invoices for independent testing laboratories.
-Provide photographic records.
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191
-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.
Schedule -Ongoing throughout Project.
C:\Users\obello\Documents\Proposals\20 11\Miami Beach\CC9A Additional Services\CC9A -Scope of Service Amendment 12.docx.
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