HomeMy WebLinkAboutAmendment 9 w/ Edwards & Kelcey, Inc.
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AMENDMENT NO.9
TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL
AND ENGINEERING SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
EDWARDS AND KELCEY, INC,
DATED NOVEMBER 21, 2002
IN AN AMOUNT NOT-TO-EXCEED $652,571,
FOR THE PROVISION OF ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICE;
RESIDENT PROJECT REPRESENTATIVE SERVICES; PUMP STATION EQUIPMENT
MODIFICATION; AND CITY REQUESTED CHANGES TO THE DESIGN
FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO. 13 - VENETIAN ISLANDS
This Amendment NO.9 to the Agreement made and entered this ~day of June ,2006, 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 EDWARDS AND KELCEY, INC, having its offices at
.'- 7300 North Kendall Drive, Suite 400, Miami Florida, 33156 (hereinafter referred to as Consultant).
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 10-0001, the Mayor and City
Commission adopted Resolution No. 2002-25071, on November 21, 2002, approving and
authorizing the Mayor and City Clerk to execute an Agreement with Edwards and Kelcey, Inc, for
Professional Services for the Venetian Islands Neighborhood Right of Way Improvement Project
(the Project); and
WHEREAS, the Agreement provided for the detailed planning, design, bid, award and
construction services for various streetscape I landscape I utility improvements within the Venetian
Islands neighborhood; and
WHEREAS, the Agreement was executed for a not-to-exceed amount of $799,903; and
WHEREAS, on August 3, 2004, the Capital Improvement Projects (CIP) Office approved
Amendment No.1 to the Agreement, for a not-to-exceed amount of $365, for the preparation and
attendance of the Consultant at a previously unforeseen Design Review Board meeting; and
WHEREAS, on August 3, 2003, the Capital Improvement Projects (CIP) Office approved
Amendment NO.2 to the Agreement, for a not-to-exceed amount of $2,000, for the preparation of
additional survey work within the Venetian Causeway right of way; and
WHEREAS, on March 23, 2004, the Capital Improvement Projects (CIP) Office approved
Amendment NO.3 to the Agreement, for a not-to-exceed amount of $24,750, for the performance of
additional underground utility verification (soft-dig) services; and
WHEREAS, on March 23, 2004, the Capital Improvement Projects (CIP) Office approved
Amendment No. 4 to the Agreement, for a not-to-exceed amount of $5,090, for the design of
Page 10f7
MB:E&K AMEND NO 9.doc
additional irrigation at the request of the City's Parks Department; and
WHEREAS, on July 27,2005, Amendment NO.5 to the Agreement was approved, for an
amount not-to-exceed $200,000, for additional engineering services to design, permit, bid, award
and construction administration services for water and stormwater related improvements; and
WHEREAS, on August 22,2005, the Capital Improvement Projects (CIP) Office approved
Amendment NO.6 to the Agreement, for a not-to-exceed amount of $21,222, for revisions to traffic
related improvements at Miami Dade Public Works Department request; and
WHEREAS, on November 4, 2005, the Capital Improvement Projects (CIP) Office approved
Amendment No. 7 to the Agreement, for a not-to-exceed amount of $22,408, for additional
engineering services to design, permit, bid, award and construction administration services for water
related improvements; and
WHEREAS, on March 27, 2006, the Capital Improvement (CIP) Office approved Amendment
NO.8 to the Agreement, for a not-to-exceed amount of $20,597, for re-planning and redesigning
portions of Bid Package 13C pursuant to revisions requested by residents; and
WHEREAS, the CITY, has negotiated the following Amendment NO.9 to the Agreement, for
the provision of construction administration services for Bid Packages 13B and 13C over a thirty (30)
month period; Resident Project Representative (RPR) services; to redesign the pump station; for
City requested changes to the Belle Isle Design; and to certify record drawings at the completion of
the Project; and to provide warranty administration services; and
WHEREAS, this Amendment NO.9 increases the total Agreement fee by $652,571, for a total
fee of $1 ,748,906; and
WHEREAS, the CONSULTANT met with the CITY and Hazen and Sawyer, the City's
Program Manager, and it has been established that this additional service request appears fair and
reasonable.
NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this Amendment
NO.9.
2. MODIFICATIONS
The Agreement is amended as defined in Schedule "A-9" , attached 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.9.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment NO.9 to be
executed in their names by their duly authorized officials as of the date first set forth above.
Jt~\ L ~
CITY CLERK.
ATTEST
I
..;:1,y.
o I
,
Robert Parch'er
David Dermer
WITNESS
EDWARDS AND KELCEY, INC.
~~
Signature
jL:cv;AI ~. -7?l'&h'q;.
Print Nameffitle
-::ro~e r:1M~!!;l~~rIfPSiP~1
Print Nameffitle
Page 3 of 7
MB:E&K AMEND NO 9.doc
SCHEDULE "A-9"
SCOPE OF SERVICES
Schedule "A" entitled, "Scope of Services", is amended as follows:
. Please add the following at the end of the introductory paragraph to Task 4 -
CONSTRUCTION MANAGEMENT SERVICES: "The use of E-Builder software will be
implemented during the construction phase of this project. To this end, the City requests that
you address any related fee adjustment resulting from this scope revision in the above noted
fee request. In this effort, please note that the City plans to reimburse the Consultant for the
purchase of one license."
Task 4.1A: Pre-Construction Conference with Residents: CONSULTANT shall prepare, attend
and conduct a pre-construction conference with residents of the Venetian Islands (BP 13C)
neighborhoods. The purpose of these meetings shall be to introduce the Consultant and Contractor
to the residents, as well as have the CONSULTANT present an overview of anticipated construction
sequencing, conditions to be expected, and other issues that may be of concern to residents, as
either addressed at the meeting, or the pre-meeting with City representatives, that is to be held to
review the content of the presentation with the Consultant prior to the meeting. A total of two
separate meetings, with corresponding pre-meetings, are anticipated in this effort.
In addition, delete existing Task 4.7 in its entirety and replace with the following:
"Task 4.7 - Prolect Closeout: Upon receiving notice from the Contractor(s) advising the
CONSULTANT that the project is substantially complete, CONSULTANT, in conjunction with
appropriate CITY and PROGRAM MANAGER Staff, shall schedule and conduct an overview of the
project. 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. 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 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 of warranties accordingly.
Upon notification from Contractor(s) that all remaining "punch list" items have been resolved, the
CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER staff, shall
perform a final review of the finished project. Based on successful completion of all outstanding
work items by the Contractor, the CONSULTANT shall assist CITY, through the PROGRAM
MANAGER, in closing out the construction contract. This shall include, but not limited to, providing
recommendations conceming acceptance of the project and preparing I collecting necessary
documentation, including but not limited to, lien waivers, Contracto(s final affidavit, close-out change
orders, consent of surety to final payment, and processing of the final payment application.
Deliverables -
Receive Contractor 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.
Page 4 of 7
MB:E&K AMEND NO 9.doc
Schedule
Ongoing throughout Program."
Also, please add the following Task 4.8 to the existing scope of services:
"Task 4.8 - Warranty Administration/Post Proiect Services: The CONSULTANT shall assist the
CITY, through the PROGRAM MANAGER, with the coordination of requested warranty work. This
assistance shall be provided for a period of up to one year following the Final Completion and
acceptance of the Project by the City, or the issuance of the Final Payment, whichever occurs latest.
In addition, the CONSUL T ANT shall coordinate with the Contractor as necessary to transfer record
drawing markups or CAD files, which the CONSULTANT shall update the corresponding CAD files
for record purposes and certify the project as complete, in accordance with all applicable
jurisdictional permitting requirements.
Deliverables - Assist the CITY, through the PROGRAM MANAGER, with warranty work
completion.
- Prepare electronic record drawings and certify project as complete per applicable
jurisdictional requirements.
- Submit five full size copies of final record drawings with applicable certifications of
completion
Schedule - Onaoina throuahout Proaram."
"Task 5.4 - Resident Proiect Representative: The CONSULTANT shall provide one qualified, full-
time resident project representative to provide an adequate 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 a period of up to fifteen (18) months (3,120
man-hours) of field representation for Bid Package B, and a period up to twelve (12) months
(2,080 man-hours) of field representation for Bid Package C. 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) Conduct on-site observations of the work in progress to assist in determining if the
provisions of the Contract Documents and permit conditions are being fulfilled and to
reasonably protect the CITY, through the PROGRAM MANAGER, against defects and
deficiencies in the work of the Contractor. CONSULTANT shall report, to the CITY,
through the PROGRAM MANAGER, in writing, whenever it is believed that work is
unsatisfactory, faulty or defective and I or does not conform to the contract documents,
Page 50f7
MB:E&K AMEND NO 9.doc
does not meet the requirements of inspections, tests, or has been damaged prior to final
payment.
(b ) 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 PROGRAM MANAGER, against Contractor work defects and
deficiencies. CONSULTANT shall advise the CITY, through the PROGRAM MANAGER,
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.
(c) 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.
(d) 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.
(e) 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 my month, and signed by the
CONSULTANT.
(f) Review materials and workmanship of the projects and report to CITY, through the
PROGRAM MANAGER, any deviations from the Contract Documents that may come to
the CONSUL T ANT's attention. Determine the acceptability of the work and materials and
make recommendation to CITY, through the PROGRAM MANAGER, to reject items not
meeting the requirements of the contract documents.
(g) Check Contractors' material certifications and samples, verifying that delivered materials
match approved shop drawings.
(h) Field observe critical points in the construction process.
(i) 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.
0} CONSULTANT shall verify and sign off on all pay requisition quantities in the field.
CONSULTANT shall develop a Field Measurement Form and utilize such form as
verification of pay requisition items. In this effort the CONSULTANT shall advise the
PROGRAM MANAGER of quantities being approved for concurrence.
(k) Monitor that record drawing mark-ups are properly maintained by the Contractor.
Page 6 of 7
MB:E&K AMEND NO 9.doc
(I) The CONSULTANT's resident project representative shall coordinate with its office staff
as necessary to resolve / address all Requests for Information I Contract Document
Clarifications / Field Orders and other such project related correspondence as may be
forwarded by the Contractor, through the PROGRAM MANAGER.
Deliverables - Provide full time resident project representation on the project
- Prepare Daily Construction Observation Forms and distribute to the PROGRAM
MANAGER.
Schedule - Ongoing throughout Project."
Page 7of7
MB:E&K AMEND NO 9.doc
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