C7H-Execute Amendment 15 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. 15, 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 in the negotiated,
not to exceed amount of $145,174, to provide extended Construction Administration and Resident Project
Representative Services to project completion for the City Center Right-of-Way Neighborhood
Improvements Bid Pack 9A; with previously appropriated funding from the City Center RDA Fund 365.
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated
that 81% of businesses rated com leted ca ital im rovement ro'ects as "excellent" or" ood."
Item Summary/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 October 24, 2011, after the City performed its due diligence, M. Vila was terminated for cause from the
City Center 9A project due to failure to comply with notices of default associated with repeated non-
compliance issues, delays, and other contract violations. Refer to Letter to Commission (LTC #290-2011)
dated November 14, 2011. The City is currently in litigation with M. Vila, who has claimed wrongful
termination. The City has filed a counterclaim against M. Vila to recover its associated damages caused
by M. Vila's failure to properly and timely perform its work on the project.
Due to the termination of M. Vila, the City elected to contract with Metro Express, Inc. (MEl) and
Envirowaste Services Group, Inc. (ENV), each under separate job order contracts (JOC) to make repairs
resulting from M. Vila's work and to complete the remaining portions of the project.
Due to the delays resulting from the need to correct defective underground work performed by M. Vila and
the completion of the remaining scope of work, the Consultant was required to perform additional extended
construction administration and RPR services for a time period beyond the last Amendment provided to
CMA. The additional cost to bring the Consultant services to a current status and extend them to the final
completion and close-out of the project is $145,174. City staff has reviewed the consultant's proposal and
found the fees to be fair & reasonable.
The Administration recommends approval of the resolution.
Advisory Board Recommendation:
IN/A
Financial Information:
Financial Amount
Information: 1 $145,174 Funds:
fj.OBP@_ 2
Total $145,174
Financial Impact Summary:
MIAMI BEACH
Asst Ci
Account
365-2616-061357 City Center Bid Pack A
240
' j
J
AGENDA ITEM _G_7-=H~"'T"
DATE /-1 )-/lf
m MIAMI BEACH ._.
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City C mmission
FROM: Jimmy L. Morales, City Manager
DATE: January 15, 2014
SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APP VING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE MENDMENT NO. 15, 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; IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT
OF $145,174, TO PROVIDE EXTENDED CONSTRUCTION ADMINISTRATION
AND RESIDENT PROJECT REPRESENTATIVE SERVICES TO PROJECT
COMPLETION FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD
IMPROVEMENTS BID PACK 9A PROJECT; WITH PREVIOUSLY
APPROPRIATED FUNDING FROM THE CITY CENTER RDA FUND 365.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding for this Amendment has been previously appropriated in the City Center Bid Package
A from the City Center RDA fund 365 in the amount of $145,174, 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. (CMA), (formerly 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 {RPR) 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 161h 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
commercial area on Lincoln Road from Washington Avenue to Collins Avenue.
BACKGROUND • CONSTRUCTION
On April 22, 2009, the City Commission approved the award of a construction contract to M.
Vila & Associates, Inc. (M. Vila) in the amount of $7,589,825 for the construction of the
241
Commission Memorandum
City Center ROW Chen Amendment 15
January 15, 2014
Page 2of3
Infrastructure Improvement Project I City Center Historic District Bid Package 9A.
CONTRACTOR TERMINATION-M. VILA & ASSOCIATES. INC.
On October 24, 2011, after the City performed its due diligence, M. Vila was terminated for
cause from the City Center 9A project due to failure to comply with notices of default
associated with repeated non-compliance issues, delays, and other contract violations. Refer
to Letter to Commission (LTC #290-2011} dated November 14, 2011 (Exhibit A). The City is
currently in litigation with M. Vila, who has claimed wrongful termination. The City has filed a
counterclaim against M. Vila to recover its associated damages caused by M. Vila's failure to
properly and timely perform its work on the project.
METRO EXPRESS AND ENVIROWASTE
Due to the termination of M. Vila, the City elected to contract with Metro Express, Inc. (MEl}
and Envirowaste Services Group, Inc. (ENV}, each under separate job order contracts (JOC)
to make repairs resulting from M. Vila's work and to complete the remaining portions of the
project.
MEl and ENV were willing to assume the responsibility of completing the job which had been
left with a significant amount of problems requiring correction, such as incomplete and
defective water main and fire line connections, incomplete sidewalk, crosswalks and significant
roadway repair. In addition, landscaping, irrigation and lighting had not been completed and
the condition of the majority of the completed underground drainage was not fully known. The
scope of the work also included drainage work and completion of water main work on 20 1h
Street.
SUMMARY
Due to the delays resulting from the need to correct defective underground work performed by
M. Vila and the completion of the remaining scope of work, the Consultant was required to
perform additional extended construction administration and RPR services for a time period
beyond the last Amendment provided to CMA.
The additional cost to bring the Consultant services to a current status and extend them to the
final completion and close-out of the project, is as follows:
Summary of Additional Cost:
RPR and Construction Administration Services from June 2013 to November 2013
Construction Administration Services for Close-Out and ongoing litigation
Total Cost
$ 106,638
38,536
$ 145,174
Construction Administration Services are required for the review of pay applications, change
orders and closeout of the project for the extended time beyond the previous anticipated final
completion date of May 30, 2013. These services are critical to properly document the
deficiencies and corrections required to complete the project. Additional professional services
may need to be provided by Consultant associated with the on-going litigation.
City staff has reviewed the consultant's proposal and found the fees to be fair & reasonable.
The professional services agreement was originally approved in the amount of $2,144,773.
Amendments 1 through 14 in the amount of $1,493,360, and this Amendment No. 15 (Exhibit
B) in the amount of $145,174, will bring the total contract amount to $3,783,307.
242
Commission Memorandum
City Center ROW Chen Amendment 15
January 15, 2014
Page 3 of 3
CONCLUSION
The Administration recommends the execution of Amendment No. 15, in the negotiated, not to
exceed amount of $145,17 4 to the Professional Services Agreement between the City of
Miami Beach and Chen Moore & Associates, Inc., dated September 8, 2004, to provide
extended Construction Administration and Resident Project Representative Services to project
completion for the City Center Neighborhood Improvement Right-of-Way Project Bid Package
9A project; with previously appropriated funding from the City Center RDA Fund 365.
Exhibit A-LTC #290-2011
Exhibit B-Amendment No. 15
JLM/JMT/DM/OS
F:\T _Drive\AGENDA\2014\January\CC9A-Chen Amendment\City Center 9A ROW-Chen Amend. No 15 MEMO.docx
243
Exhibit A
MIAMI BEACH·
OFFICE OF THE CITY MANAGER
LTC# ; 290-2011
I
~ITY CLERK'S OFF ICE
TO: Mayor Matti Herrera Bower and Members of. the City Commission
FROM: Jorge M. Gonzalez, City_·Manager ez¢-. . ·
November 14, 2011 · . . . .-. DATE:
SUBJECT: City Center 9A-New Contractor Commences.Construction Activities
The purpose of this Letter to Commission (LTC} is to inform you that the Office of Capital
Improvement Projects recently terminated M. Vila and Associates, Inc., for cause and hired
Metro Express, Inc;· to complete the scope of work originally intended the City. Center 9A -
Neighborhood.
The sequence of events as it pertains to contractor termination and replacement occurred 'as
follows: '
• October 24, 2011 -M. Vila and Associates was terminated .for cause and asked to
demobilize from the project limits. · -_
• October 26, 2011 -M. Vila ar~d Associates demobilized and-removed .all equipment
· --'from the site.
• October 27, 2011 -Metro Express began a clean-up effort throughout the project
limits. · ·
• October 31, 20t1 -Metro Express officially mobilized to -complete-the 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 all·work co~cerning the area most
used 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_':z
logistically ~complete" areas, critical to the advancement of the project.
All work is expected to be completed by Spring 201.2.
The public involvement process or the project was maintained while the contractor was being·
terminated. The Public Information Officer (PIO) that was hired by M. Vila and Associates was
-retained 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
244
·-:
..
. "' '•.
Letter to Commission -New Contractor Commences Construction Activities
Nove~nber14,2011
Pafle 2of2
Update Meeting in order to present Metro Express, Inc. as the new contractor, explain what
scope of work has to be finalized, and provide a schedule update.
If yoo/~d!-:n.al questions, please feel free to contact me.
JMG/DB~ot:iiMH -
We are committed ro providing exceilent public service end safe~f ro ail who live, work, and ploy ir. our v1bm~r. lropicol. historic communiry_
245
N ~ 0) 1' G$~~· ... rr .:' Title: Project Ill~ Department~ Manaaar~ Category; Doma1n~ Lo~:~atian: Description: Justtfication: Project Tfmeline: 2013-14 Capitl!ll BudgetS Year Capital Improvement Plan c·(~1SIII'I8direti•.N•~""""'""""'"H~Oitlriel~~gA·C"·:·· CCHV Neigh lmprov.-Hi&IQnc Di.&t. 8P9A I'W6Gityclr CIP Office Maria Hernandez cip Water1Stormwatarflandscape!Sidew-alk/Stree1scape lmpruvemenls cityc,nter PWD Annu~d Incremental Operating C!"o"!te•g•o10rle~o--• Cost Personna~ Operating and Maintenance Miscellane-ous TOTAl.. OPI'R.ATIJIIG COST$ : :~ :.· The prcjec:11imlls are bounded by Washington Avenue to the west, Colfins Avenue to the east, Linco1n Road to the South, ant:t DEIICe 81vd. to the nortll, and includes Jame-s, Park, and Libert~ Avenues, 17tn, 18th. 19th. 20th Streets, and 21st Streol wost of Pari< Avenuo. The Cily Center Right of Way (RO'M BP9A lnfrastruclure Improvement Projec.t is a 7.5 million proje-ct which includes impro\lements to the s1ormwater collection and disposal !lystem upgrade, water diS-tribution system upgrades, roadway resurfacing and streetscape ll;!nhaflcemenh, landscaping, 1raffic calming installations, additional pedestrian lightiog, and enhanced pedestrian linkages. As a result of con:struclion sav.ngs, the project bud' get was able to fund the24" PVC Sanitary Sewer Improvement proje-ct on James Ave. during FY2009-10, as wen as. the Stormwater Pipe-Repairs project ($397,529) for the 52'' SnN Cul~rt repair and relining work or. Washington Ave., from 18lh to 21st Street, including associated road re-conslr\lctjon costs during FY2010-11_ This resultant project savings freed up an equivalent bond fur.ds for other projects K!Os Supported: Ensure Value and Timely De~r11ery of Quality Capital Project!, Maintain City's Infrastructure; Maintain Miami Basc.h P1..1blic: Areas; & Rights of Way C~1ywoide: and Improve Storm Dr;linage Citywide.Th~ City ent~red 1nto an agl"fJEtmanl with Chen and Associates ror tl1a design of the proj'!ct on SeP'Iember 8, 2004. The BODR was presented and approved by the City Commissior1 on October 1!l, 2005, and plam. wera approved by the HPB on January 9, 2007 D-e~cri tir:~o Mon_t!Y_Y._,ar pas.crlpticn Month/Year AJE Agreament AVw"elrd: Sep-04 Planning Starts: Nov-04 Planning Completion: O~c-OS Desigl'1 Start!: Dec-05 Des1gn Cc:Jmpletion· A~r-08 s~d Start: F~b-OG Bid Completion: Apr·09 Construction Convect Award< Apr-0~ CollSiruction Starts: Al)rJ-(J9 ConstructiQn Compl-etiort: M"r-'1 F:\CAPI\$aii\_Capital Projects Propooed Budget FY2013·14\CIP BUDGET FY2014 t/312014 4 tB PM 19 of es
N ~ ....... J.c..taili1lnjooy,''' ,. ~-· •••• ;.i;o-< :;. ~ •• CastCa~c-ry gn~ Con~b-u~;;OOn Management 305 c::o36'5 Cons!Jvction Fund 365 013185 Cl'lrl~ft! F~d 365 de3e!!i Oesi;n & Engln~I'Mg F1.n1d 365 prn36~ PrQgr.m ~ww.g•m...,t F~ '3113:S pi'I\A?t!. Pro-gram M~mM, Ft.nel-42!!1 Total u1: f~'&llnriuu'f'" :> <;, ',,:,:,z:·: , , , Funding 36S City C-P:nter RnA Cl!lprt81 Fund 428 StormW&Ier Bond& 2000S Total Fanted Total Unfl.nled Tctltl !hJodo•t 2013-14 Cap1tal8udget .5-Year Capital Improvement Plan ,~,~l-·N-In\proVoln-OiootdBI'SA Approprll!ltt!-.1 Mlllf.-year T-atal Eleyon<l ~rlo-rVan. October Ce)mmllslnn Prlnr 2014.115 201:511"6 :lQtt/17 2017111 2011119 Z-D19 Total 2013 ApoJ1K~prlaUm Appruplia11on 1283264 0 0 ~ 0 D 0 0 0 0 1..1§1..ill ~ 0 [l 11251497 0 0 0 0 Q C) ~ z..n..G1 (S.fl1,000l U45.~74) ~ 0 0 D 0 0 0 ~ ~ {1 ,6"JO,OOOJ ~45, F74 2...QIUQ! 0 0 ll 0 Q 0 2.JI.l.UQl 522082 (2{},000) 0 ~ o-0 I] a-IJ 0 ~ .n.QM o iJ ~ o o a o-o o .aw. ~ (2,2.31,000~ 0 152:.2746~ 0 D 0 0-G 0 15227484 ."'.''-,_;.;_; __ :.-··· ' App.raprla.h!d ', :'(2e10) --NolitK>OthOod~vom""">!~t .... b-ilP,9~ Mld-~ar Total PrlurYnrs Odub.P,r cammlnl-on Prior 201.U15 2Gt51UI .201-6111 2t13 Appropr!atlM Appr-r~p-rlat1-on 2017f1i 20111,'!8 Beyond iW1B ',~·f:· .. lata I .!IJ1QJZi (2,23t,QQO) 0 1518937S 0 o 0 0 0 0 15~89379 ~ 0 0 ~ 0 0 __ _!I_ 0 0 0 ~ 17 451-48-4 l2.231,000) 0 1S 227-48-4 0 0 Q 0 0 D t!i 227 464-0 o-0 (I 0 D 0 0 0 0 0 w:~iji~(Vtiri .... il-o"',cojo!loi,§iHtjoi,i;'i;,::,, c;,''','' 17 -45-1 .ft-4 {2.,231 ,_~0~ 115 227 -46-4 . 0 . D 0 _ 0 , ,\ , ~ , .,.',(2111e).......;.trdloll)l'il>otnoodltWMrtt•otoHhllol1oCiOtrtotaPOA ,;: ' Ex~ll\lfllltfO, ~o~e Realloaction of $397,5291o lho StorrnwateJ Plpll!i·Rt!pii!IIN~; poroJI!!cl b-y RHOIIII'~010·Z7531 Nl'lti!!' $ 3~0,000, \111111 r:u!! r~Qu.::"o:;l lq fund C::1ty C!!~tet Ut:i~iati'm new ptoj~ct to pay tor l~i:J!lll"fl!l!:!l li;BuCooet~PytltfQI<tft'C ':" ~,-, Gonsln.lctlon Manageme'"t C.onslruetlc-n Confngerrcy. Des•gn. E~l.ptn~nt· ~:~ ·' %ttfBuriOftt I ~S3.2S4 .... 11,2~1.•Hl1 7l9% ?3,?09 0.5% :t.,016,eo ~ ,),7% 0 00% '(21116),_,1tjclr. Nolgl'ot>O<I\OodtmonW>mont'Hoiortotilol'lc!BPM~, ·,. """"""" ft.nd.a-cl '% fl.nd•d 3W W&S UNF 1.28~.<"84 ,.,. 11251.'!9-7 739% 7! 709 0.5% 2.07e.!l07 13.1~-' 0 00% 6liO,lll1 B% 540,167 35% m~n1. tl'IV,I"!H .l:."J"ft ::J'IU,.IDf J::J-:11) U U U 15,227,1-84 1o-0,., ~5.2:i!1.4ll4 ,,0% TcltAJ •~ ~'>7 • ..,. """., u: """' """ ""'"'*' " n n F:\CAPM-aU\_Cap-1lal Projects Proposed Budget FY2:013-14\CIP BUDGET FY2014 1.'3/2014 4 18 PM FUI'IIMdSW .. ,. 16.41% 313,085 3-f,OI!!i Funded W&S fun;:hd othl-r 1)6:J..Ze-4 11,251,4Q7 73,709 2,078,807 0 502,0~2 1&,18-9,3-79 20 oj 86
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. ·15, 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; IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT
OF $145,174, TO PROVIDE EXTENDED CONSTRUCTION ADMINISTRATION
AND RESIDENT PROJECT REPRESENTATIVE SERVICES TO PROJECT
COMPLETION FOR THE CITY CENTER RIGHT-OF-WAY NEIGHBORHOOD
IMPROVEMENTS BID PACK 9A; 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 Moore & Associates
(formerly 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 161h 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 streets cape improvements on Meridian Avenue, from 1 ]~h 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, 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
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 98, City Center Commercial District Right-of-Way Neighborhood Improvement
Project, necessitated by the Miami-Dade County Public Works Department Traffic Division; and
248
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 1 yth 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 1 yth Street and Drexel Avenue and roadway geometry changes at the intersections of
1 yth Street and Pennsylvania Avenue; and 171h Street and Convention Center Drive, resulting
from the proposed pedestrian signalization additions on 17th Street between Convention Center
Drive and Washington Avenue; and
WHEREAS, on February 8, 2012, the City Commission adopted Resolution No. 2012-
27834, approving Amendment No. 12 for a not-to-exceed amount of $152,155, to provide
extended Construction Administration and Resident Project Representative Services (RPR) for
delays caused by M. Vila's failure to properly and timely perform lts work and for additional
remedial work necessary due to M. Vila's contract termination; and
WHEREAS, on March 13, 2013, the City Commission adopted Resolution No. 2013-
28161 approving Amendment No. 13 to the Agreement, in an amount not-to-exceed $147,044; for
extended Construction Administration and Resident Project Representative Services (RPR)
during construction of the project as a result of delays to the project; and
WHEREAS, on June 20, 2013, the Capital Improvement Projects (CIP) Office executed
Amendment No. 14 to the Agreement, for the not-to-exceed amount of $24,640, for additional
professional services required due to extensions of time required as a result of the Contractor's
default on the City Center 9C Project; and
WHEREAS, the Consultant has submitted a proposal for extended Construction
Administration and Resident Project Representative Services (RPR) during construction of the
City Center 9A project; and
WHEREAS, the total additional fee requested by the Consultant for the additional work is
$145,174; and
249
WHEREAS, the Capital Improvement Projects Office has evaluated the Consultant's cost
proposal and found the fees to be fair and reasonable; and
WHEREAS, this Amendment No. 15 to the Agreement, in the total amount of $145,174,
will revise the total contract sum to a not-to-exceed total of $3,783,307.
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. 15 to the Professional Services Agreement
between the City and Chen Moore & Associates, Inc., dated September 8, 2004 for the City
Center Right of Way Neighborhood Improvement Project; said Amendment in the negotiated not-
to-exceed amount of $145,17 4, to provide extended construction administration and resident
project representative services to project completion; with previously appropriated funding from
the City Center RDA Fund 365.
PASSED AND ADOPTED THIS ___ DAY OF ____ .2014.
ATTEST:
CITY CLERK MAYOR
250
APPROVED AS TO
FORM & LANGUAGE l & F~,!=XECUTION
J'--z_.L· 2t: ' .. ~ -14-
/ Cil;tMorn~ Date
AMENDMENT No. 15
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
Exhibit B
AND CHEN MOORE & ASSOCIATES, INC. DATED SEPTEMBER 8, 2004, FOR THE CITY
CENTER RIGHT OF WAY IMPROVEMENT PROJECT, IN AN AMOUNT NOT-TO-EXCEED
$145, 174; FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT PROJECT
REPRESENTATIVE SERVICES FOR THE CITY CENTER NEIGHBORHOOD NO. 9A
This Amendment No. 15 to the Agreement, made and entered this _day of 2014,
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 Moore & Associates
(formerly 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 161h 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, 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
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
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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 17tn 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 1 yth Street and Drexel Avenue and roadway geometry changes at the intersections of
171h Street and Pennsylvania Avenue; and 17ttJ Street and Convention Center Drive, resulting
from the proposed pedestrian signalization additions on 17th Street between Convention Center
Drive and Washington Avenue; and
WHEREAS, on February 8, 2012, the City Commission adopted Resolution No. 2012-
27834, approving Amendment No. 12 for a not-to-exceed amount of $152,155, to provide
extended Construction Administration and Resident Project Representative Services (RPR) for
delays caused by M. Vila's failure to properly and timely perform its work and for additional
remedial work necessary due to M. Vila's contract termination; and
WHEREAS, on March 13, 2013, the City Commission adopted Resolution No. 2013--
28161 approving Amendment No. 13 to the Agreement, in an amount not-to-exceed $147,044; for
extended Construction Administration and Resident Project Representative Services (RPR)
during construction of the project as a result of delays to the project; and
WHEREAS, on June 20, 2013, the Capital Improvement Projects (CIP) Office executed
Amendment No. 14 to the Agreement, for the not-to-exceed amount of $24,640, for additional
professional services required due to extensions of time required as a result of the Contractor's
default on the City Center 9C Project; and
WHEREAS, the Consultant has submitted a proposal for extended Construction
Administration and Resident Project Representative Services (RPR) during construction of the
City Center 9A project; and
WHEREAS, the total additional fee requested by the Consultant for the additional work is
$145,174; and
WHEREAS, the Capital Improvement Projects Office has evaluated the Consultant's cost
proposal and find that it is fair and reasonable; and
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WHEREAS, this Amendment No. 15 to the Agreement, will revise the total contract sum to
a not-to-exceed total of $3,783,307.
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. 15.
2. MODIFICATIONS
The Agreement is amended to include and incorporate the additional work, as set forth in
Attachment A-15 and Schedule B, 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. 15.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 15 to be executed
in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
Rafael Granado, City Clerk
ATIEST:
Secretary
Print Name
APPROVED AS TO
FORM & LANGUAGE
& F, EXEC,U~I()_N,
( ~~
:\_ ;;cityA~~
CITY OF MIAMI BEACH, FLORIDA
Philip Levine, Mayor
CONSULTANT:
CHEN MOORE AND ASSOCIATES, INC.
President
Print Name
f-1-{ti--
Date
253
SCHEDULE "A-15"
SCOPE OF SERVICES
Task 5.8.1.5 -Resident Project Representative Services and Construction Services BP9A:
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 1,823 hours of field
representation and project support. 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.
CONSULTANT shall attend construction meetings with the Contractor(s), and applicable CITY
representatives for the duration of the construction as necessary. The purpose of these meetings
shall be to review the status of construction progress, shop drawing submittals, and contract
document clarifications and interpretations. These meetings shall also serve as a forum for
discussion of construction issues, potential changes I conflicts and any other applicable matters.
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 meetings 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. CONSULT ANT
shall identify any utilities damaged and verify that the Contractor (s) has notified the
respective utility owner.
(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.
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(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
indicate date, location, view and electronically filed by month 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 CONSULT ANT'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) Monitor that record drawing mark-ups are properly maintained by the Contractor,
including progressive record drawings and as-builts.
(j) The CONSULTANT'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
(k) Attend construction meetings as scheduled.
(1) Attend additional meetings with contractor(s) completing work on the project as
necessary.
(m)CONSULTANT shall review, verify and sign off on all pay requlSltlOns.
CONSULANTS level of effort includes reviewing Six (6) JOC pay requisitions. In
this effort the CONSULTANT shall advise the CIP PROJECT COORDINATOR of
percentage complete being recommended for concurrence.
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.
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Upon receiving notice from the Contractor( s) advising the CONSULT ANT that the project is
substantially complete, CONSULTANT, in conjunction with appropriate CITY staff, shall
schedule and conduct an overview of the project for Bid Package 9A. The overview shall
include CONSULTANT'S development of a "punch list" of items needing completion or
correction prior to consideration of final acceptance. The list shall be forwarded to the
Contractor(s). For the purposes of this provision, substantial completion shall be deemed to be
the stage in construction of the project where the project can be utilized for the purposes for
which it was intended, and where minor items may not be fully completed, but all items that
affect the operational integrity and function of the project are capable of continuous use.
Substantial Completion criteria shall be as specified by the CONSULTANT in its contract
documents, and shall also address the startup ofwarranties accordingly.
Upon notification from Contractor(s) that all remaining "punch list" items have been resolved,
the CONSULT ANT, in conjunction with appropriate CITY staff, shall perform a fmal review of
the fmished project(s). Based on successful completion of all outstanding work items by the
Contractor(s), the CONSULTANT shall assist CITY in closing out the construction contract.
This shall include, but not be limited to, providing recommendations concerning acceptance of
the project and preparing/collecting necessary documentation, including but not limited to, lien
waivers, Contractor's final affidavit, close-out change orders, consent of surety to fmal payment,
processing of final payment application, and review of items pertaining to on-going litigation
with respect to contractual requirements.
Deliverables: -Provide resident project representation on the project.
-Prepare Daily Construction Observation Forms.
-Review invoices for independent testing laboratories.
-Provide photographic records.
-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.
-Attend construction meetings as scheduled.
-Attend additional meetings with Contractor(s) completing work on the project as
necessary
- Review and recommend payment for monthly contractor pay requests.
-Receive Contractor(s) substantial completion notification.
-Coordinate and attend field meetings to review Substantial Completion.
-Prepare and verify that punch lists are completed.
-Certify project completion to appropriate agencies.
Schedule -Ongoing throughout Project.
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256
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