HomeMy WebLinkAboutAmendment No. 2 URS Corp
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AMENDMENT NO.2
TO THE
PROGRAM MANAGEMENT SERVICES AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
URS CORPORATION-SOUTHERN,
TO MANAGE CONSTRUCTION PROJECTS FOR FACILITIES AND PARKS
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 111-99/00
TO
DISCONTINUE SERVICES ON PARTICULAR PROJECTS AND PROVIDE FOR
SERVICES ON THE COLONY THEATER PROJECT IN THE AMOUNT OF $54,125.00
This Amendment No.2, dated as of September 8, 2004, to that certain
Agreement, dated June 27, 2001, by and between the CITY OF MIAMI BEACH,
FLORIDA (City), and URS CORPORATION-SOUTHERN (Consultant).
RECITALS
WHEREAS, pursuant to RFQ No. 111-99/00, seeking program management
services to manage construction projects for facilities and parks, the Consultant was
selected as the successful firm by the City Commission on June 28, 2000; and
WHEREAS, on June 27, 2001, pursuant to Resolution No. 2001-24499, the City
and Consultant entered into an Agreement, for Program Management Services to
manage construction projects for facilities and parks (Agreement), including the
following 17 projects over a 59 month period:
. Altos Del Mar Park
. Bayshore Golf Cou rse
. Botanical Garden
. Collins Park
. Convention Center
. Fairway Park
. Fire Station NO.4
. Flamingo Park
. Flamingo Pool
; and
. Normandy Isle Park and Pool
. Normandy Shores Golf Course
. North Shore Open Space Park (multiple Phases)
. North Shore Park and Youth Center
. Public Works Facility
. Regional Library
. Scott Rakow Youth Center
. South Pointe Park
WHEREAS, the Agreement has since been amended to include program
management services on the Multipurpose Municipal Parking Facility to be constructed
in the parking lot adjacent to City Hall; and
WHEREAS, under the Agreement, the Consultant assists City staff in the
planning, programming, design review, construction administration, and scheduling,
budgeting and consultant coordination for the projects included in the Agreement; and
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WHEREAS, since the commencement of the Program, the Consultant has been
providing satisfactory professional services and building a good relationship with the
City staff in assisting with the coordination of the projects; and
WHEREAS, for various reasons, only the Flamingo Pool project has been
completed to date; and
WHEREAS, the Agreement with the Consultant was based on an estimate of
man-hours for the program as a whole, not per project; and
WHEREAS, the Consultant has provided the staffing level called for in the
Agreement and has performed well in meeting the contract obligations; and
WHEREAS, currently, approximately $1 million remains for the balance of the
Agreement, and this funding is not sufficient to have the Consultant provide services on
all of the projects originally included in the Agreement; and
WHEREAS, the City wishes to amend the Agreement with the Consultant to
revise the schedule of projects to be completed under the Agreement as specified
herein; and
WHEREAS, the Colony Theatre Renovation project began as a $1.75 million
concept project in early 1999; and
WHEREAS, in October 1999, the City executed a Professional Services
Agreement with the State of Florida Department of Management Services (DMS) to
provide design, preconstruction, and construction management at risk services; and
WHEREAS, through its Agreement with the City, OMS provides a practically full
service operation and many of the normal duties of the City are fully delegated by
agreement to DMS as the City's Agent; and
WHEREAS, for reasons of apparent expediency (according to DMS
correspondence to the City), OMS authorized construction activities to commence in
November 2002, prior to the execution of the GMP document and over the objections of
City staff; and
WHEREAS, the construction of the project is significantly behind the originally
scheduled construction completion date of June 2003; and
WHEREAS, the City's Agreement with DMS provides for inspection services at a
frequency of one (1) visit every two (2) weeks, and additionally, the AlE of Record's
structural engineer also serves as the threshold inspector pursuant to the Florida
Building Code, and conducts regular inspections on structural items; however, neither of
these services are frequent enough to meet the City's needs vis-a-vis a contractor that
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has demonstrated Quality Control problems, as well as a general reluctance to reject
non-conforming work of its subcontractors; and
WHEREAS, due to several issues, many arising from the submittal of
questionable change orders by OMS' Construction Manager, McCartney Construction,
the City determined that it was in the City's best interest to provide full time inspection
oversight for the construction project; and
WHEREAS, OMS indicated reluctance in increasing the frequency of its field
observation/inspection services, as its staff is located in Tampa, Jacksonville and
Tallahassee, respectively; and
WHEREAS, the Colony Theater was not one of the projects included in the
Agreement with the Consultant; and
WHEREAS, in August 2004, the City amended the Agreement with the
Consultant to have the Consultant perform inspection services at the Colony Theater for
a short time period to monitor the work of McCartney Construction; and
WHEREAS, this has resulted in the determination that full time inspection is
warranted for the duration of the project to ensure that construction progresses in a
timely manner and that the City does not get charged for re-work of rejected
workmanship; and
WHEREAS, Consultant has proposed to provide additional Field Observer
services on the Colony Theater project through March 31, 2005 at a negotiated price of
$54,125.00; and
WHEREAS, the Administration has accepted this proposal and recommends its
approval; and
WHEREAS, the City is desirous of further amending the Agreement with the
Consultant in order for the Consultant to continue providing these services.
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 herby 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.2.
2. MODIFICATIONS
The Agreement is amended as described in Exhibit "A-1 ", entitled "Schedule of
Projects", attached hereto.
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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 cau t is Amendment NO.2
to be executed in their names by their duly authorized offi lal of the date first set
forth above.
ATTyf~T: yf~
~ERK
Robert Parcher
CONSUL TANT
URS CORPORATION-SOUTHERN
By: ~>
\I ~ - PRESIDENT
(Y\,c:.~AE:t N Ai2..~c
Print Name
ATTEST:
SECRETARY
SEAL
Print Name
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Date
Exhibit "A-1"
To Amendment No.2
Schedule of Projects
Scope of Services:
1. The following projects are removed from the Schedule of Projects listed in Exhibit
A of the original Agreement, and services on these projects are terminated
effective immediately.
. Altos Del Mar Park
. Bayshore Golf
. Botanical Garden
. Collins Park
. Convention Center and Theater of Performing Arts
. Fairway Park
. Flamingo Park
. Normandy Shores Golf Course
. Public Works Facility
. Regional Library
. Scott Rakow Youth Center
. South Pointe Park
2. The Consultant will continue providing services on the following projects as
outlined below.
· Fire Station No. 4 - The Consultant will staff the project with a Project
Manager and a Field Observer through the completion of the project, but no
later than through January 2006 if the project is not completed by then.
· Normandy Isle Park and Pool - The Consultant will staff the project with a
Project Manager and a Field Observer through the completion of the project,
but no later than through January 2006 if the project is not completed by then.
· North Shore Open Space Park (multiple phases) - Phases I and II have been
completed. The Consultant will staff the project with a Project Manager and a
Field Observer through the completion of Phase III of the project.
· North Shore Park and Youth Center - The Consultant will staff the project
with a Project Manager and a Field Observer through the completion of the
project.
3. The Consultant will provide Field Observer services on the Colony Theater
project through March 31, 2005 at a negotiated price of $54,125.00.
Exhibit uA-1"
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