HomeMy WebLinkAboutAmendment No. 10 to Professional Landscape Architectural & Eng. Svs Agmt/Willliams, Hatfield & Stoner, Inc.
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AMENDMENT NO. 10
TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL
AND ENGINEERING SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
WILLIAMS, HATFIELD & STONER, INC., D/B/A TETRA-TECH WHS,
DATED JULY 18, 2001,
FOR THE PROVISION OF PROFESSIONAL SERVICES,
IN AN AMOUNT NOT -TO-EXCEED $555,540
FOR THE PROVISION OF ADDITONAL PROFESSIONAL SERVICES
NECESSARY FOR PROCURING RESIDENT PROJECT REPRESENTATION AND
ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES
FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO.4-NORMANDY ISLE AND NORMANDIE SUO
PROJECT.
This Amendment No. 10 to the Agreement made and entered this /~ It. day of
VUL'-j , 2006, by and between the CITY OF MIAMI BEACH.. a Municipal
Corporation existing under the laws of the State of Florida, having its principal offices at
1700 Convention Center Drive, Miami Beach, Florida 33139 (hereinafter referred to as
City), and Williams, Hatfield & Stoner, Inc. d/b/a Tetra -Tech WHS, having its offices at
9600 Northwest 25th Street, Suite 3F, Doral, Florida 33172 (hereinafter referred to as
Consultant).
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 07-00101, the City
adopted Resolution No. 2001-24505, on July 18, 2001, approving and authorizing the
Mayor and City Clerk to execute an Agreement with the Consultant, for professional
services for the Neighborhood No.4-Normandy Isle and Normandie Sud Right-of-Way
(ROW) Infrastructure Improvement Project (the Agreement); and .
WHEREAS, the Agreement provides for the detailed planning, design, permitting,
bidding 1 award and construction administrative services for various streetscape 1
landscape 1 utility improvements within the Normandy Isle and Normandie Sud
Neighborhood (the Project); and
WHEREAS, the Agreement was executed for a not-to-exceed amount of
$617,664.00; and
WHEREAS, on September 10, 2003, the Mayor and City Commission adopted
Resolution No. 2003-25320, approving additional design services as Amendment No. 1 to
the Agreement, for rear easement waterline relocation efforts, for a not-to-exceed amount
of $50,529.00; and
WHEREAS, on February 25, 2004, the Mayor and City Commission adopted
Resolution No. 2004-25488, approving additional design services as Amendment NO.2 to
the Agreement, for re-design of lighting system, pursuant to the City's new standards, a
planning study related to hardscape and landscape revisions arising from the Community
Design Review Meeting (CDRM), held on October 21, 2003, and for administration,
specifications, and reimbursables associated with the additional Scope of Work, for an
amount of $30,500.00; and
WHEREAS, on November 16, 2004, Amendment No. 3 to the Agreement was
executed, to include the additional professional landscaping architectural and engineering
services for the detail design, permitting and bidding / award services for the extension of
the proposed right-of-way improvements on Bay Drive between Marseille Drive and the
Normandy Shores Bridge, which are required to complement the design efforts for the
entire neighborhood, for a not-to-exceed amount of $17,047.00; and
WHEREAS, on July 24, 2004, Amendment NO.4 to the Agreement was executed,
to include the participation of the Consultant in eight additional design progress meetings,
originated by design revisions, for a not-to-exceed amount of $7,458.00; and
WHEREAS, the planning effort for the Normandy Isle and Normandie Sud
Neighborhood has been completed and detailed design activities are underway; and
WHEREAS, on November 10, 2004, the City Commission adopted Resolution No.
2004-25731, authorizing the execution of Amendment NO.5 to the Agreement, to include a
Scope of Work which consists of additional design services for the replacement of
additional existing 4-inch and 6-inch diameter cast iron water lines with new 8-inch
diameter water lines, to be relocated under the Florida Department of Transportation
(FDOT) right-of-ways at 71 st Street and Normandy Drive, for a not-to-exceed amount of
$50,000.00; and
WHEREAS, on November 10, 2004, the City Commission adopted Resolution No.
2004-25731, authorizing the execution of Amendment NO.6 to the Agreement, to include a
Scope of Work which consists of additional design services for the design effort to
implement the re-planning sturdy originated from the CDRM, for a not-to-exceed amount of
$58,220.00; and
WHEREAS, on December 6, 2004, Amendment No. 7 to the Agreement was
executed, to include the Scope of Work necessary for the deletion of Rue Grandville
Street-End from the Project scope, and the re-design of the Trouville Esplanade street-
end; and
WHEREAS, on March 18, 2005, Amendment No. 8 to the Agreement was
executed, to include the verification of additional underground utilities to avoid conflicts in
150 boring sites, for a not-to-exceed amount of $24,700.00; and
WHEREAS, on May 15, 2006, Amendment No. 9 to the Agreement was approved (and
pending execution), to include the Scope of Work necessary to re-incorporate the type 2
encroachments (ET-2) into the contract documents, for a not-to-exceed amount of
$10,750.00; and
WHEREAS, this proposal has been evaluated and is hereby recommended by
Hazen & Sawyer, the City's Program Manager, and the CIP Office.
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.1 O.
2. MODIFICATIONS
The Agreement is amended as defined in exhibit "A" and schedule "A-10", 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. 10.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 10 to be
executed in their names by their duly authorized officials as of the date first set forth
above.
ATTEST:
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City Clerk
ATTEST:
CONSULTANT:
WILLIAMS, HATFIELDS & STONER, INC.
D/B/A TET -TEC
Richard A. Lemmon
Print Name
By 4 - ..L
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'Ii/lK. ;t. Y;t/I'II ,~
Pnnt Name APPROVED AS TO
FORM & LANGUAGE
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EXHIBIT "A"
TO
AMENDMENT NO.1 0
TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL
AND ENGINEERING SERVICES AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
WILLIAMS, HATFIELD & STONER, INC., D/B/A TETRA-TECH WHS,
DATED JULY 18, 2001,
FOR THE PROVISION OF PROFESSIONAL SERVICES,
IN AN AMOUNT NOT -TO-EXCEED $555,540,
FOR THE PROVISION OF ADDITONAL PROFESSIONAL SERVICES,
NECESSARY FOR PROCURING RESIDENT PROJECT REPRESENTATION
AND ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES FOR THE
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO.4-NORMANDY ISLE AND NORMANDIE SUO
PROJECT.
Scope of Services:
The Scope of Work consists of various tasks that will occur during the 24-month
construction duration for this above referenced Project. The extent of the
services was not anticipated during the development/negotiation of the original
Scope of Work. The services, as currently addressed in the existing Task 4
(Construction Management services) of the original Agreement, deal primarily
with office related support of the construction administration effort.
The original Agreement will be revised to include new tasks 4.1A, 4.7, 4.8 and
4.9 for additional construction management services and a new task 5.7 for
Resident Project Representation under the existing Task 5 (Additional Services).
This will consist of the provision of a full-time, on-site Resident Project
Representative and other associated services as required to allow certification of
construction completion and record drawings.
A detailed scope is defined in the attached schedule "A-10".
Compensation:
· Original Agreement Amount: $617,664
· Amendment NO.1 (relocation of existing utility improvements) amount:
$50,529
· Amendment NO.2 (study of revisions from the CDRM) amount: $30,500
· Amendment NO.3 (improvements along Bay Drive) amount: $17,047
· Amendment No.4 (additional progress meetings) amount: $7,458
. Amendment NO.5 (additional water lines and meter relocation) amount:
$50,000
. Amendment NO.6 (additional design of re-planning study) amount: $58,220
. Amendment NO.7 (Rue GrandvillelTrouville Esplanade Street-Ends) amount:
$0
. Amendment NO.8 (verification of additional Underground Utilities) amount:
$24,700
. Amendment NO.9 (re-incorporate ET -2 encroachments into the contract
documents) amount: $10,750
· Amendment NO.1 0 (additional construction management services and
Resident Project Representation) amount: $555.540
· Revised Agreement amount: $1.422.408
SCHEDULE" A-1 0"
SCOPE OF SERVICES
CITY OF MIAMI BEACH
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO.4 - NORMANDY ISLE AND NORMANDIE SUO
AMENDMENT NO.10
The following scope of work consists of additional construction management
(CM) services and Resident Project Representation (RPR) for the 24-month
construction duration on the above referenced Project. The original Agreement
between the City of Miami Beach and Tetra Tech, Inc. shall be amended to
include the following new tasks 4.1A, 4.8, 4.9 and 5.7 and the revised task 4.7:
Task 4.1A - Pre-Construction Conference with Residents
The CONSULTANT shall prepare, attend and conduct a pre-construction
conference with residents of the Normandy Isle Neighborhood. The purpose of
the meeting 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.
Task 4.7 shall be deleted in its entirety from the existing Scope of Services and
replaced with the following:
Task 4.7 - Project 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 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, 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.
Schedule
Ongoing throughout Program.
The following new Task 4.8 shall be added to the existing scope of services:
Task 4.8 - Post Project Services
The CONSULTANT shall assist the CITY, through the PROGRAM MANAGER,
with the coordination of requested warranty work. This assistance shall be
provided for the duration of the Project to a period not to exceed the final
completion date and acceptance of the Project.
In addition, the CONSULTANT shall coordinate with the Contractor as necessary
to transfer record drawing markups, 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
- Ongoing throughout Program.
The following new Task 4.9 shall be added to the existing scope of services:
Task 4.9 - E-Builder Software License and TraininQ
The use of E-Builder software will be implemented during the construction phase
of this Project. To this end, the CONSULTANT shall procure requisite licenses
and training of its staff as required allowing for the use of this software
throughout the Project completion by both its field and office staff.
The following new Task 5.7 shall be added to the existing scope of services:
Task 5.7 - Resident Project 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 twenty four (24) man-months (4,160 man-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) 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 / or does not
conform to the Contract Documents, 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 by month, and signed by the
CONSULTANT.
(f) Review materials and workmanship of the Project and report to CITY,
through the PROGRAM MANAGER, 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 the 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 observes 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.
U) 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.
(I) The CONSULTANT's Resident Project Representative shall coordinate
with its office staff as necessary to resolve 1 address all Requests for
Information 1 Contract Document Clarifications 1 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.
PAYMENT AND COMPENSATION
The total fee proposed for this scope of work shall be a not-to-exceed basis in
the amount of $555,540. This fee is based on estimated labor hours per task and
other direct costs, as shown in the attached Exhibit liB" - fee proposal from Tetra
Tech, Inc., dated May 25, 2006. Invoicing will be monthly and based on hourly
rates in accordance with the original Agreement between the City of Miami
Beach and Tetra Tech, Inc.
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10
TETRA TECH, INC.
'nfrastructure Group
RECEIVED
HAZEN AND SAWYER. P.C.
Ml&m1 Beacla. Florida
May 25, 2006
MAY 2 6 2006
sJf
Job No. ~ /I.~ ~
/f01'; 10.1. /f
Stephanie Harari, P.E.
Program Manager
Hazen and Sawyer, Inc.
975 Arthur Godfrey Road, Suite 211
Miami Beach, FL 33140
City of Miami Beach Normandy Isle and Normandy Sud ROW Improvements
Proposal for Additional Professional Services
Stephanie:
Thank you for giving TetraTech the opportunity to submit this proposal for additional
professional services. As you stated in your letters, the City of Miami Beach is considering
procuring RPR services for the 24-month construction duration and additional construction
management Services. During our negotiation meeting yesterday, we agreed to the following
scope of work and fees. .
o Task 5.7 - Resident Project Representatives
Civil Engineering RPR - Full time
2 years x 52 weeks/year x 40 hours/week x $80 per hour = $332,800
Subtotal Task 5.7
$332,800
o Task 4.7 - Project Closeout (Revised Total Fee for Task 4.7)
Project Manager
8 weeks x 5 days/weeks x 8 hours per day x $137 per hour = $43,840
Project Engineers (Two Each)
8 weeks x 5 days/week x 8 hours x $117 per hour x 2 each = $74,880
Administration
8weeks x 5 days/week x 4 hour per day x $45 per hour $7,200
Landscape/Streetscape Inspection
8 weeks x 5 days/week x 4 hours/day x $85 per hour = $13,600
Electrical Inspection
8 weeks x 5 days/week x 4 hours/day x $85 per hour = $13.600
Subtotal Task 4.7 $153,120
9600 ~-,joltr't/est 25lh Str,,:ct, Suite 3F, Dora!. FL 33172
Tcl186.845.8819 Fax 786845.8867
.N'NW.tetratech.com
0 Task 4.8 - Post Project Services
Project Manager
4 weeks x 5 days/week x 8 hours/day x $137 per hour = $21,920
Project Engineer
4 weeks x 5 days/week x 8 hours per day x $11 7 per hour = $18,720
CADD Technician
4 weeks x 5 days/week x 8 hours per day x $83 per hour = $13,280
Administration
4 weeks x 5 days/week x 4.0 hours per day x $45 per hour = $3,600
Reimbursable Printing Costs = $5.000
Subtotal Task 4.8 $62,520
0 Task 4.9 - E-builder Software
Reimbursable Cost of $2,000 for two licenses; Training Sessions
At $700 lump sum.
Subtotal Task 4.9
$2,700
o Task 4.1A - Pre Construction Conference with Residents
Project Manager
I week x 5 days/week x 4 hours per day x $137 per hour = $2,740
CADD Technician and Administrative Support
I week x 5 days x 4 hours per day x $83 per hour
Subtotal Task 4.IA
= $1.660
$4,400
Proposed Additional Services Grand Total = $555,540
Thank you for your offer to extend our professional services. I look forward to the City's
favorable response.
~
Mark B. Wolfe, P.E.
Senior Project Manager