C7C-Execute Amendment 2 Bayshore Neighborhood No 8 ROW Infrastructure ImprovemeCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And
City Clerk To Execute Amendment No. 2 To The Existing Professional Services Agreement Between The City Of
Miami Beach And Atkins North America, Inc. Dated September 23, 2011, For The Bayshore Neighborhood No. 8 Right
Of Way Infrastructure Improvement-Central Bayshore (Package A), Lower North Bay Road (Package B), And Lake
Pancoast (PackaQe C) Projects, For Additional Resident Project Representative Services.
Key Intended Outcome Supported: I ~~sure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and Maintain vny:;
fra structure.
Supporting Data (Surveys, Environmental Scan, etc.):
The 2012 Customer Satisfaction Survey indicated that over 81% of residents rated recently completed capital
improvement projects as "excellent" or "good".
drainaQe (37o/~). and condition of roads (44%).
Recently completed capital improvement projects (81%), storm
Item Summary/Recommendation:
On January 19, 2011, the Mayor and City Commission approved the award of the construction contract for the Right-
of-Way Improvements for Bayshore Neighborhood 8 Central Bayshore (Package A) and Lake Pancoast (Package C
to Lanzo Construction Co. of Florida (LCC). The Project time in the contract with LCC called for a total of 730
calendar days (or 24 months).
On July 13, 2011, the Mayor and City Commission adopted Resolution No. 2011-27682 authorizing the execution of a
Professional Services Agreement with Atkins North America, Inc., (CONSULTANT) in the lump sum amount of
$544,000, including reimbursable expenses for Resident Project Representative Services for Neighborhood No. 8
Central Bayshore (Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C) (the Project).
On March 14, 2013, Amendment No. 1 to the Agreement was executed by the City Manager, approving additional
resident project representative services to provide management support services related to cost analysis and design
and permitting management and monitoring for the Phase II work at Central Bayshore, in the not-to-exceed amount of
$23,925. .
The base contract time for the Resident Project Representative Services was for a period of (26) months, commencing
upon the second Notice to Proceed issued on October 31, 2011, and ending on October 31, 2013.
On March 13, 2013, the Mayor and City Commission adopted Resolution No. 2013-28162, approving Amendment No.
2 to the Construction Contract for Central Bayshore (Package A), for additional scope associated with Phase II work
and a time extension of 168 days.
Additional resident project representative services were necessary due to additional scope added to the Construction
Contract via change orders for additional work related to unforeseen conditions and rain delays, which extended the
original project completion date by an additional 76 days.
Therefore, the additional extension of time is 168 days plus the 76 days totals 244 days or approximately 8 months.
Amendment No. 2 to the Agreement in the amount of $241 ,359 will provide additional resident project representative
services for a period of approximately (8) eight months.
Staff finds both the scope and negotiated fee to be reasonable and appropriate, and the hourly billing rates are within
the current approved amount negotiated for all City consultants.
The Administration recommends approval of the resolution.
Advisory Board Recommendation:
I N/A
Financial Information·
Source of Amount Account
Funds: 1 $39,342 Pav-As-You-Go Account #302-2205-069357
~ 2 $59,012 Water & Sewer Bonds 2000S Fund #424-2205-069357
3 $98,354 Stormwater LOC Fund #429-2205-069357
4 $8 930 Pay-As-You-Go Account #302-2326-069357
5 $13,396 ~er Enterprise Fund #425-2326-069357
6 $22,325 ater Enterprise Fund #427-2326-069357
Total $241,359
OBPI
Financial Impact Summary:
MIAMI BEACH AGENDA ITEM _C_7_C. __
DATE _,_-..;;;.'S_ ... .;...ol $""--
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me
FROM: Jimmy L. Morales, City Manager
DATE: June 5, 2013
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTH RIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO. 2 TO THE EXISTING PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH
AMERICA, INC. DATED SEPTEMBER 23, 2011, FOR THE BAYSHORE
NEIGHBORHOOD NO. 8 RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT-
CENTRAL BAYSHORE (PACKAGE A), LOWER NORTH BAY ROAD (PACKAGE
B), AND LAKE PANCOAST (PACKAGE C) PROJECTS, FOR ADDITIONAL
RESIDENT PROJECT REPRESENTATIVE SERVICES, FOR A PERIOD OF EIGHT
(8) MONTHS, IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $234,409
AND AN ADDITIONAL AMOUNT OF $6,950 FOR REIMBURSABLES EXPENSES,
FOR A TOTAL AMOUNT OF $241,359, WITH PREVIOUSLY APPROPRIATED
FUNDING.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure Value and Timely Delivery of Quality Capital Projects.
FUNDING
Funding in the amount of $241 ,359 has been previously appropriated in the Capital Budget, as
follows:
$ 48,272
$ 59,012
$ 13,396
$ 22,325
$ 98.354
Total $241,359
BACKGROUND
Pay-As-You-Go-Account 302
Water and Sewer Bonds 2000S -Account 424
Water and Sewer Enterprise Fund -Account 425
Stormwater Enterprise Fund -Account 427
Stormwater LOC -Account 429
On February 1, 2010, the City of Miami Beach issued ITB No. 18-09/10 for construction of
right-of-way improvements for Bayshore Neighborhood No. 8 Central Bayshore (Package A)
and Lake Pancoast (Package C). The Mayor and City Commission awarded this ITB to Lanzo
Construction Co. of Florida (LCC) at its January 19, 2011 meeting. The project provided for
neighborhood right-of-way improvements including the installation of water mains, storm water
infrastructure, sidewalk restoration, landscaping, irrigation, and resurfacing of existing
roadways. The project time in the contract called for a total of 730 calendar days.
Commission Memorandum
Bayshore Packages A & C-Atkins Norlh America -Amendment No. 2
June 5, 2013
Page 2 of 3
On July 13, 2011, the City of Miami Beach adopted Resolution No. 2011-27682, authorizing
the Mayor and City Clerk to execute a Professional Services Agreement with Atkins North
America, Inc. (Atkins) pursuant to Request for Qualifications (RFQ) No. 36-10/11, for Resident
Project Representative Services (RPR), in the amount of $544,000, including reimbursable
expenses, for a period of 26 months for the Neighborhood No. 8 -Central Bayshore (Package
A), Lower North Bay Road (Package B) and Lake Pancoast (Package C) projects.
On March 14, 2013, Amendment No. 1 to the Professional Services Agreement with Atkins
was executed by the City Manager in the amount of $23,925 to provide management support
services related to cost analysis, permitting management and monitoring for phase II work at
Central Bayshore (Package A).
The City of Miami Beach adopted Resolution No. 2013-28162 on March 13, 2013, authorizing
the Mayor and City Clerk to execute Amendment No. 2 to the construction contract between
the City of Miami Beach and LCC, for additional scope toward the Central Bayshore
improvement project. This additional scope extended the construction schedule for a period of
one hundred and sixty-eight (168) calendar days.
In addition to the aforementioned extended time, LCC has also been awarded an additional
seventy-six (76) calendar days via change orders for additional work related to unforeseen
conditions and rain delays.
The total additional time approved as related to Resolution No. 2013-28162 and the Change
Orders to date amount to approximately eight (8) months. It will be necessary to approve the
cost for additional Resident Project Representative Services, in order to extend Atkins'
services beyond the original construction contract time.
ANALYSIS
The RPR's duties and responsibilities include general coordination and communication with
the City, the City's Architect/Engineer (A/E) Consultant and the Contractor; attend and
participate in the Pre-Construction Meeting with the City as well as all project progress
meetings; conduct field inspections on a daily basis throughout the course of the project;
monitor specialty AlE Consultant site visits; prepare daily reports; provide photographic
records of construction activities; review materials and workmanship of the project and report
to the City any deviations from the Contract Documents; monitor delivery of materials to the
job site; review shop drawings; issue non-compliance notices when required; identify any
existing facilities damaged by the contractor; perform independent review of any change
orders submitted by the contractor; coordinate requests for information with the AlE
Consultant; monitor progress of construction and ensure the Contractor's adherer.1ce to the
schedule; verify pay requisition quantities and sign off on all pay requisitions; coordinate
various tests for quality control of the project; monitor record drawing mark-ups; recognize
hazards while in the normal conduct of onsite business; review and monitor the Contractor's
adherence to an acceptable quality control program; keep a log of all forced work efforts
related to a disputed change order; verify compliance with the Maintenance of Traffic (MOT)
plan in the field; forward water main shutdown requests to the City; verify substantial
completion; and attend "walk-through" inspections of the work; attend and participate in a final
completion walk-through and inspection and prepare a final Certificate for Payment.
Commission Memorandum
Bayshore Packages A & C-Atkins North America -Amendment No. 2
June 5, 2013
Page 3 of3
The base contract time for these services was for a period of 26 months commencing upon the
second notice to proceed issued to the Contractor on October 31, 2011. The construction
schedule of the project was extended for a period of approximately eight (8) months. This was
due to extensions of time awarded to the contractor via change orders for additional work
related to unforeseen conditions, rain delays, and additional scope approved under Resolution
No. 2013-28162.
The City finds the Not-to-exceed amount of $241 ,359 to be fair and reasonable. The
extension of services will be for an additional eight (8) months to be added to the original
contract duration.
CONCLUSION
The Administration recommends that a Resolution of the Mayor and Commission of the City of
Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment No. 2, to
the existing Agreement between the City of Miami Beach and Atkins North America, Inc. dated
September 23, 2011, for a period of eight (8) months, to provide additional Resident Project
Representative Services for the Bayshore Neighborhood No. 8A -Central Bayshore right-of-
way project in the negotiated, not to exceed amount of $234,409, and an additional amount of
$6,950 for reimbursable expenses, for a total amount of $241 ,359; with previously
appropriated funding.
Exhibit A: Amendment No. 2
Schedule A, Scope of Services and
Schedule B, Fee Schedule
JLM/JMT/DM/EB
F:\T _Drive\AGENDA\2013\June 5\Bayshore-Atkins\Atkins -Amendment No. 2 -MEMO.docx
EXHIBIT A
AMENDMENT NO. 2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
ATKINS NORTH AMERICA, INC.,
FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES FOR THE
BAYSHORE NEIGHBORHOOD NO.8-CENTRAL BAYSHORE (PACKAGE A), LOWER
NORTH BAY ROAD (PACKAGE B), AND LAKE PANCOAST (PACKAGE C) RESIDENT
PROJECT REPRESENTATIVE SERVICES
DATED SEPTEMBER 23,2011
SAID AMENDMENT FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE
SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $241,359 FOR THE CENTRAL
BAYSHORE (PACKAGE A) AND LAKE PANCOAST (PACKAGE C) PROJECT
This Amendment to the Agreement made and entered this __ day of , by and
between the City of Miami Beach, a Municipal Corporation existing under the laws of the State of
Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida 33139, and Atkins North America, Inc., a Florida Corporation having its
principal office at 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida, 33607 (hereinafter
referred to as CONSULTANT).
RECITALS
WHEREAS, on July 13, 2011, the Mayor and City Commission adopted Resolution No.
2011-27682 authorizing the execution of a Professional Services Agreement with Atkins North
America, Inc., (CONSULTANT) in the lump sum amount of $544,000, including reimbursable
expenses for Resident Project Representative Services for Neighborhood No. 8 Central Bayshore
(Package A), Lower North Bay Road (Package B), and Lake Pancoast (Package C) (the Project);
and
WHEREAS, the Project includes Resident Project Representative Services for a period of 26
months; and
WHEREAS, on March 14, 2013, Amendment No. 1 to the Agreement was executed by the
City Manager, approving additional Resident Project Representative services to provide
management support services related to cost analysis and design and permitting management and
monitoring for the Phase II work at Central Bayshore, in the not-to-exceed amount of $23,925; and
WHEREAS, on March 13, 2013, the Mayor and City Commission adopted Resolution No.
2013-28162, approving Amendment No. 2 to the Construction Contract for Central Bayshore
(Package A), for additional scope associated with Phase II work and a time extension of 168 days;
and
WHEREAS, the additional scope associated with Phase II work requires additional resident
project representative services; and
WHEREAS, additional Resident Project Representative services are necessary due to
additional scope added to the Construction Contract via change orders for additional work related to
unforeseen conditions and rain delays, which extended the original project completion date by 76
days; and
WHEREAS, the additional scope associated with Phase II work and the approved change
orders have extended the Construction Completion date by approximately eight (8) months; and
WHEREAS, this Amendment No.2 to the Agreement in the amount of $241,359 will provide
additional Resident Project Representative services for a period of approximately eight (8) months;
and
WHEREAS, City staff have evaluated the Consultant's cost proposal and are in agreement
that the proposal is fair and reasonable; and
WHEREAS, Amendment No. 2 to the Agreement, will revise the total contract sum to a not-
to-exceed total of $809,284.
NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as part of this Amendment No.
2.
2. MODIFICATIONS
The Agreement is amended to include "Schedule A-2", which is attached and incorporated
herein.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION.
The CITY and CONSULTANT ratify the terms of the Agreement, as amended by this
Amendment No. 2.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
Rafael Granado
City Clerk
ATTEST:
TITLE:
Print Name
F \ r_Orive\J\GEND/\\201
CITY OF MIAMI BEACH
By ________________________ ___
Matti Herrera Bower
Mayor
CONSULTANT:
ATKINS NORTH AMERICA, INC.,
By ________________________ ___
TITLE:
Print Name
SCHEDULE A-2
1. ADDITIONAL RESIDENT PROJECT REPRESENTATIVE SERVICES
Task 1.0 -Additional Resident Project Representative Services for a period of
approximately eight (8) months, related to extensions of time awarded to the Contractor
via change orders for additional work related to unforeseen conditions, rain delays, and
additional scope related to Phase II-Central Bayshore (Package A). See attached Atkins
proposal dated May 23, 2013.
2. PAYMENT AND COMPENSATION
The scope of services described in this amendment shall be performed for a not-to-exceed
amount of $241 ,359. Invoicing shall be as referenced in the original agreement. Consultant's
request for additional services is attached for reference purposes.
Compensation
Original Agreement
Amendment No. 1
Amendment No. 2
Total Revised Agreement
$544,000
$ 23,925
$241.359
$809,284
I
May 23, 2013 (Revised)
Mr. Edward Baldie, LEED AP
Capital Projects Coordinator
Capital Improvement Projects Office
City of Miami Beach
Atkins North America, Inc.
2001 Northwest 1 07th Avenue
Miami, Florida 33172-2507
Telephone: + 1.305.592. 7275
www.atkinsglobal.comfnorthamerica
Submitted Via E-Mail
RE: City of Miami Beach • Central Bayshore (Package A) and Lake Pancoast
(Package C)-Amendment No. 2 -Additional Services Cost Proposal
Dear Edward:
Per your request and based on our discussions, following is our revised budget proposal
for the additional services related to added scope via change orders as well as additional
services related to Phase II scope of work.
Atkins' fee proposal is as follows (Refer to Attachment for detailed breakdown):
Atkins understands the importance of this task for the City of Miami Beach and it is
thoroughly confident that it can provide support services that will enhance the City's vision
of providing quality construction projects. Thank you for the opportunity to once again
provide you with our services for this project Please do not hesitate to contact me with
any questions or comments.
Regards,
Juan Alfonso, Assoc. AlA
Assoc. VP/Group Manager
wl Attachments
Cc: Mr. David Martinez, PE-City of Miami Beach
Ms. Maria Cerna -City of Miami Beach
File
KINS
AMENDMENT No. 2 -Change Order/Phase II Additional Services
Task:
1.0
May 23,2013
Scope/Assumptions:
-Budget hours are based on Contractor's approved time request for Change Order scope of work. (76 CO's)
-Budget hours are based on Contractor's approved time request for Phase II scope of work. (168 CO's)
-Hourly rates are based on schedule C Hourly Billing rate schedule. Note: Since senior construction
manager and Construction manager rates are not included in said schedule, comparable hourly rates
-Reimbursable expenses are related to company vehicle, maintenance and safety equipment expenses, to be billed on a
monthly basis with back-up.
RESOLUTION TO BE SUBMITTED