2007-26553 Reso
RESOLUTION NO. 2007-26553
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND THE CITY CLERK TO EXECUTE AMENDMENT NO. 7 TO THE
AGREEMENT BETWEEN THE CITY AND EDAW, INC., DATED MAY 16, 2001,
IN AN AMOUNT NOT TO EXCEED $154,517, FOR THE PROVISION OF
ADDITIONAL CONSTRUCTION MANAGEMENT AND RESIDENT PROJECT
REPRESENTATION SERVICES FOR AN ADDITIONAL SIX (6) MONTHS OF
CONSTRUCTION UP TO OCTOBER 24, 2007 DURING CONSTRUCTION OF
PHASE 1 (EAST OF COLLINS AVENUE) OF THE RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS PROGRAM IN NEIGHBORHOOD NO.6
_ OCEANFRONT PROJECT, AND APPROVING THE USE OF FUNDS, IN THE
AMOUNT OF $154,517 FOR THE AMENDMENT, FROM THE
CONSTRUCTION CONTINGENCY PREVIOUSLY APPROPRIATED IN THE
2003 GO BOND FUNDS FOR THE OCEANFRONT NEIGHBORHOOD.
WHEREAS, the Oceanfront Neighborhood Right-of-Way (ROW) Project is one of the
components of the City's Neighborhood ROW Infrastructure Improvements Program (the Project);
and
WHEREAS, the design phase of the Project has been completed and the City's AlE
Consultant, EDAW, Inc. (EDAW) has delivered one hundred percent (100%) completion level,
construction documents, and the necessary permits have been obtained to begin construction; and
WHEREAS, a Job Order Contracting (JOC) was awarded to Tran International, Inc., one of
the City's approved JOC contractors, on 10/24/2006 for construction of Phase 1 (East of Collins
Avenue); and
WHEREAS, the CIP Office (CIP) negotiated a fee of $59,877 with EDAW to provide
additional services for construction administration for the Project, which will provide for Project
close-out, in order to address "punch list" items as construction is completed, and post Project
services, which include preparing electronic record drawings, permit closeout and Project
certification; and
WHEREAS, CIP and Hazen and Sawyer, the City's Program Manager (Program Manager)
have determined that the construction phase of the Project would best be served with EDAW
providing on-site personnel to assist in managing the construction process; and
WHEREAS, CIP has negotiated a fee of $94,640 with EDAW to provide Resident Project
Representative (RPR) services for the Project during the final construction phase which will provide
for a full-time, on-site representative of EDAW to observe and verify that critical elements of the
Project are being complied with, and that the general intent of the construction documents are being
met; and
WHEREAS, the RPR will also maintain daily progress logs, verify testing as being
performed relative to the appropriate procedures, provide photographic records of the construction
progress, and review materials and workmanship used in the construction of the Project; and
WHEREAS, accordingly, the Administration would recommend that the Mayor and City Commission
hereby approve and authorize the Mayor and City Clerk to execute Amendment No. 7 to the
Agreement with EDAW, dated May 16, 2001, in the total amount of $154,517, to provide the
aforestated additional construction administration, and RPR services for the Project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and
authorize the Mayor and the City Clerk to execute Amendment No.7 to the Agreement between the
City and EDAW, Inc., dated May 16, 2001, in an amount notto exceed $154,517, for the provision of
additional professional services associated with the construction management and Resident Project
Representative Services for an additional six (6) months of Construction up to October 24, 2007, for
the Right-of-Way Infrastructure Improvement Program in Neighborhood No.6 - Oceanfront Project,
and approving the use of funds, in the amount of $154,517, for the Amendment, from the
Construction Contingency previously appropriated in the 2003 GO Bond Neighborhood Funds for
the Oceanfront Neighborhood.
PASSED and ADOPTED this 6th day of June
,2007.
~}fM~
CITY CLERK
Robert Parcher
MAYOR
David Dermer
ATTEST:
T:\AGEN DA \2007\J une0607\Consent\OceanfrantROW Reso .dac
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/ (2::k,- '/,k,
~ ,,_~ I 8Y;.f!'
__._....... .'_ I . '() .
v..,.
VI'
,
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the City Commission approving and authorizing execution of Amendment NO.7 to the
Agreement between the City and EDAW, Inc., in an amount not to exceed $154,517 from the
Construction Contingency, for the provision of additional construction management and resident project
representation services during an additional six (6) months construction period up to October 24,2007,
for the Oceanfront ROW proiect.
Issue:
I Should the City Commission adopt the resolution?
Item Summarv/Recommendation:
A Job Order Contract (JOC) was awarded to Tran International, Inc., one of the City's approved JOC
contractors on 10/24/2006 for construction of Phase 1. Phase 1 entailed the streets east of Collins Avenue
from 24th street to 43rd Street and the work consist of streets cape resurfacing, sidewalk and curb and
gutter repair and replacement, new pedestrian street lighting, drainage structures and street furniture
including showers, bike racks, and drinking fountain, new decorative paving and landscape at street ends,
and new pedestrian bump-outs with decorative paving and palms where possible at Collins Avenue
Intersection. Tran International proceeded to mobilize for Phase 1 on 10/24/06. The CIP Office (CIP) has
negotiated a fee of $59,877 with Consultant to provide the appropriate level of Construction Management
services for an additional six (6) month of the project which includes attending weekly construction
meeting, overseeing the RPR services, coordination between the contractor and the RPR, attending field
meetings and issuing field directives as required as well as updating and responding utilizing the e-builder
format to request for clarification and information requested by the contractor. CIP negotiated a fee of
$94,640 with Consultant to provide Resident Project Representative (RPR) services for the project during
the additional six (6) months of construction. RPR services provide for a full-time, on-site representative of
the Consultant to observe and verify that critical elements of the construction project are being complied
with and that the general intent of the construction documents is being met. The additional six (6) months
will cover the two (2) months difference between the Agreement with EDAW, Inc. and the JOC construction
contract schedule plus an additional four (4) months related to added scope and any delays to the project.
It is, however, the City of Miami Beach's intention to charge liquidated damages to the contractor for the
delays for which the contractor is responsible such as not providing sufficient resources, manpower and
supervision, untimely subm ittals, not meeting schedules and not constructing the work per specifications,
not proceeding with owner requested work expeditiously, etc. The Liquidated damages will be assessed in
accordance to the JOC contract #092.00.CIP.14-03/04 in the amount of $1,865 per day. Upon
Commission approval of this resolution, CIP will execute the appropriate contract amendment with
Consultant.
Advisory Board Recommendation:
IN/A.
Financial Information:
Source of Amount Account Approved
Fundrfi 1 $154,517 384-2340 (2003 GO Bond
Neighborhoods)
OBPI Total $154,517
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Aurelio J. Carmenates, P.E., CIP Office
tD
,.,.
t City Manager
AMIBEACH
AGENDA ITEM
DATE
c.7B
6-6 -07
~
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manage\ /~,,~
June 6, 2007 () J
"
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE AMENDMENT NO.7 TO
THE AGREEMENT BETWEEN THE CITY AND EDAW, INC., DATED MAY
16, 2001, IN AN AMOUNT NOT TO EXCEED $154,517, FOR THE
PROVISION OF ADDITIONAL PROFESSIONAL SERVICES ASSOCIATED
WITH CONSTRUCTION MANAGEMENT AND RESIDENT PROJECT
REPRESENTATION SERVICES FOR AN ADDITIONAL SIX (6) MONTHS
OF CONSTRUCTION UP TO OCTOBER 24, 2007, DURING
CONSTRUCTION OF PHASE 1 (EAST OF COLLINS AVENUE) OF THE
RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGnAM IN
NEIGHBORHOOD NO. 6- OCEANFRONT PROJECT, AND APPROVING
THE USE OF FUNDS, IN THE AMOUNT OF $154,517 FOR THE
AMENDMENT, FROM THE CONSTRUCTION CONTINGENCY
PREVIOUSLY APPROPRIATED IN THE 2003 GO BOND FUNDS FOR THE
OCEANFRONT NEIGHBORHOOD.
ADMINISTRATION RECOMMENDATION
FUNDING
Adopt the Resolution.
Funding, in the amount of $154,517, is available from previously appropriated funds in the
2003 GO Bonds Budget from account number 384-2340-069357 (Construction Contingency
Funds) to account number 384-2340-061357 (Design Funds) for the amendment from
previously appropriated 2003 GO bond funds for the Oceanfront Neighborhood Number 6.
ANAL YSIS
On May 16, 2001, The City of Miami Beach entered into an agreement with the firm of
EDAW, Inc (Consultant) for the planning, design, bid and award and construction
administration services for the Oceanfront ROW Project (Project), one of the components of
the City's Capital Improvement Projects ROW Improvements Program. The design portion of
the Project has been completed, the Consultant has delivered 100% completion level
construction documents, and the necessary permits have been obtained to begin
construction. A Job Order Contracting (JOC) proposal was executed with Tran International,
Inc., one of the City's approved JOC contractors on 10/24/2006. This project is currently
under construction and is expected to be finalized by 6/24/07.
City Commission Memorandum Oceanfront ROW Project
June 6, 2007
Page 2 of 2
The CIP Office (CIP) has negotiated a fee of $154,517 with the Consultant to perform
additional Construction Management and Resident Project Representative (RPR) services
during an additional six (6) months of construction for Phase I of the Project.
The fee breakdowns for these services are as follows:
RPR - $94,640
Construction Management - $59,877
The additional six (6) months will cover the two (2) months difference between the
Agreement with EDAW, Inc., and the JOC construction contract schedules plus an additional
four (4) months related to added scope and any delays to the project. It is, however, the City
of Miami Beach's intention to charge liquidated damages to the contractor for the delays for
which the contractor is responsible such as not providing sufficient resources, manpower
and supervision, untimely submittals, not meeting and not constructing the work per
specifications, not proceeding with owner requested work expeditiously, etc. . The
Liquidated damages will be assessed in accordance to the JOC contract #092.00.CIP.14-
03/04 in the amount of $1,865.34 per day.
Construction ManaQement and Resident Project Representative (RPR) Services:
The Administration has determined that with Projects of this magnitude, it will be necessary
to have a qualified, full time RPR to provide quality field observation to verify that the
contractor complies with critical elements of the construction project, and that the general
intent of the contract documents are being met. EDAW's RPR shall be on-site at all times
when the contractor is on the job. In addition, the consultant's level of effort is based on the
assumption that the RPR shall monitor all Contractor work crews as specified in the contract
documents. The RPR will also maintain daily progress logs, verify testing as being
performed relative to the appropriate procedures, provide photographic records of the
construction progress, monitor as-built documentation, work with the project team to address
Request for Information I Contract Document Clarifications I Field Orders, and review
materials and workmanship used in the construction of the project. The construction
management duties consist of providing support to the RPR, attending weekly construction
meetings, visiting the site to monitor construction progress and overseeing field adjustments
as required, updating e-builder and coordinating efforts between the RPR and the
contractor.
Upon Commission approval of this resolution, CIP will execute the appropriate contract
amendment with Consultant.
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission adopt the Resolution approving and authorizing the expenditure of funds to
provide for additional construction management services and resident project representative
services for the Oceanfront Neighborhood, at a cost of $154,517; with available funding to
be transferred from the 2003 GO Bonds Budget, account number 384-2340-069357
(Construction Contingency Funds), to account number 384-2340-061357 (Design Funds) for
the amendment, from previously appropriated 2003 GO bond funds for the Oceanfront
Neighborhood Number 6.
T:\AGEN DA \2007\j un0607\Consent\OceanfrontR ow memo.doc
2
AMENDMENT NO.7
TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL
AND ENGINEERING (AlE) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
EDAW, INC.,
DATED MAY 16, 2001
IN AN AMOUNT NOT-TO-EXCEED $154,517
FOR THE PROVISION OF ADDITIONAL CONSTRUCTION MANAGEMENT AND RESIDENT
PROJECT REPRESENTATION SERVICES FOR AN ADDITIONAL SIX {6} MONTHS OF
CONSTRUCTION UP TO OCTOBER 24, 2007 DURING CONSTRUCTION OF PHASE 1
(EAST OF COLLINS AVENUE) OF THE RIGHT-OF-WAY INFRASTRUCTURE
IMPROVEMENTS PROGRAM NEIGHBORHOOD NO.6 - OCEANFRONT PROJECT
This Amendment No. 7 to the Agreement made and entered this _ day of
2007, 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 EDAW, INC., a corporation organized
under the laws of Delaware, authorized to transact business in the State of Florida, qualified on
December 14, 2005, and having its offices at 1688 Meridian Avenue, Suite 303, Miami Beach,
Florida 33139 (hereinafter referred to as CONSULTANT).
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 134-99/00, the Mayor and
City Commission adopted Resolution No. 2001-24384, on May 16, 2001, approving and
authorizing the Mayor and City Clerk to execute an Agreement with EDAW, Inc., for Professional
Services for the Oceanfront Neighborhood Streetscape and Utility Improvement Project (the
Agreement); and
WHEREAS, the Agreement provides for the planning and design, bidding and award,
construction administration, and reimbursable for the Oceanfront Neighborhood Project (the
Project); and
WHEREAS, the Agreement was executed for a not-to-exceed amount of $307,690; and
WHEREAS, on March 23 2004, the City executed Amendment No.1 to the Agreement, for
additional professional services to prepare the permit application, supporting documentation and
present the project to the Historic Preservation Board; and
WHEREAS, Amendment No.1 increased the total contract fee by $15,584, for a total fee
of $323,274; and
WHEREAS, on July 7 2004, the City executed Amendment No.2 to the Agreement for
professional services associated with the initial phase of the Indian Creek Greenway, from the
South limits of Lake Pancoast just North of 23rd Street, to the 29th Street pedestrian bridge, along
the Lake Pancoast and Indian Creek water bodies; and
WHEREAS, Amendment No.2 increased the total fee by $139,730.54, for a total fee of
$463,004.54; and
WHEREAS, on April 14 2005, the City executed Amendment NO.3 to the Agreement for
professional services associated with the extended planning phase and encroachment list
preparation in compliance with the City's standard format; and
WHEREAS, Amendment No.3 increased the total fee by $18,909.90, for a total fee of
$481,914.44; and
WHEREAS, on June 7 2005, the City executed Amendment No.4 to the Agreement for
professional services associated with additional underground utility verification services, in
compliance with the City's standard format; and
WHEREAS, Amendment No.4 increased the total fee by $15,225, for a total fee of
$497,139.44; and
WHEREAS, the City executed Amendment No. 5 to the Agreement for professional
services associated with the incorporation of proposed improvements to the 42nd Street street end,
similar to those proposed at the 38th Street street end, into the Construction Documents; and
WHEREAS, Amendment NO.5 increased the total fee by $2,712.24, for a total fee of
$499,851.68; and
WHEREAS, the City executed Amendment No.6, for the provision of additional services
required to design additional water mains between Indian Creek Drive and Collins Avenue, as
requested by the Public Works Department, and to administer construction and provide Resident
Project Representative services for construction east of Collins Avenue, over an estimated six (6)
month period; and included the purchase and implementation of the E-Builder software throughout
the construction period, as well as attendance and execution of a preconstruction conference with
residents to provide an overview of the construction project sequencing and address issues of
concern with residents; and
WHEREAS, Amendment No.6 increased the total fee by $387,028.71, for a total fee of
$886,880.39; and
WHEREAS, at this time, the City has negotiated Amendment No.7, for the provision of
additional services required to administer construction and provide Resident Project
Representative services for construction east of Collins Avenue, for an additional six (6) month
construction of phase 1 (East of Collins Avenue) up to October 24,2007; and
WHEREAS, Amendment NO.7 increases the total fee by $154,517, for a total fee of
$1,041,397, the breakdown for the cost and services under this Amendment is as follows:
. Construction Administration= $59,877 (in addition to the previously contracted
amount of $100,432.76 for a total of $160,309.76); and
. Resident Project Representative =$94,640.00; 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; and
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.7.
2. MODIFICATIONS
The Agreement is amended to incorporate Proposal "A", 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.7.
~~
~~
Q;
0::
'"
eN
i
:r
-'
<(
III
o
0..
o
0::
0..
...
Q;
c:
'"
.Iii 8
o .
a
0::
0..
0::
!
::
:s
t;
.~ III
a:!
:s
<; ..
'c .....
~ ~
;0
Q;
'"
'"
1ij ~
~ ~
.0' ..
~...
0..
~
~ ~
.:
oe- ;
0..
~
~
r-
VI
5
o
:I:
~
r-
Q)
i;j
0::
01
~
iii
t;
ll!
8
u
Ii
S
g>
'i:
c:
'"
~
..
VI
co
.<:
0..
8 8 8 8 8 8 0 8 8 l- V 0 <0 0 ~ 0 0
0 <0 ~ CXl I- CXl 0 0
ci ci ci ci ci 0 ci g 0 cD N cD .,; 0 0 0 ci
...... ... ...... ... ... ... OJ N (0) N ... ... ;z
'" I- 0 I-
~ ri N cD i. i.
N ... ...
... ... ...
0 '" 0 <0 CXl 0
0 0 0 0 0 0 0 0 0 ;! N 0 0 ~
N N I- <0
co
S
VI
..
"
~
..
rn
c:
'"
~
~
Q)
.>
Q)
0::
C
'"
co ~
Sg
~~~
~ ~ ~
'C 6 0
i U 'E
'" 6 Q)
.E tl ~
:g s g
in '" 0
... u5 :2
w In
!fl N
::t: M M
ll..
c:
.5!
VI ~
C Vi
Q) 'i:
E E
::>
8 .. g ~
c: " 0 c:
i!! c: 'E t; .5!
'" c:
J!! ::> ~ tl
VI 0 i
5 !!J ~ 8 S
u '" ::> t; U VI
'C 'C a; c:
iii c: > ~ 'C 0
.. w iii u
cD 'C 'C 5 .;,
a: 'C v
<( iii u <( w
(0) v '" <0 I- !fl
ri ri ri ri l"i ::r:
ll..
N
Q)
VI
co
.<:
ll..
'"
N
(0) v v
N N N
'" ~ v v
<0 N N
<0 '" l:a 0 0
<0 <0 N N
Ol CXl CXl
c
.g
co
5
'C
c:
o
tl
2
Vi
c:
o
"
.<:
C
o
E
...
III
E
"
..
..
.!!.
III
"
~
..
rn
a;
c:
.g
'6
~
<1:
~
'C
VI Q)
C .<:
"
CD III
'C :=>
.in lS
i u
VI ':;i
'"
8 8 c: c: 0
c: c: ~ 8 '" w
i!! i!! Q) .5! c: rn
J!! J!! ~ .in '>
5 8 VI VI w VI
5 Q) Q) Q)
u '" ~ c:: "
tl c: 5 _1.1:
.~ c: ~ 0..
0 2 - ::> Q)
t; tl 1;; u '" '" as III
6 c: ~ lS t;
" 2 .E .i
~ Q) Q)
VI 1;; U U ~ VI U .0'
1;; .0
6 5 >-0 0 0 t; a:
:>1u Q)
'? '? Q) - g.8':2 Q) 8
Q) l!! ~~ .~
a: 0.. ~c55~ a. 0..
~ N (0) V '" <0 I- CXl
..; ..; ..; ..; ..; ..; ..; ..; ..;
(0) 8 8 0 0 8 (0)
v 0 0 v
,..: 0 0 ci 0 ci ,..:
;;; 0 ... ... ... ... :;;
N.
ri ;; i.
'"
... ...
...
...
~
8
...:
~ '" ~.
N ..
Q; ...
u
o
0 0
~
ll! ...
0
8
ri
m
0 Q; ~ cD
c:
'"
.in
Q) ...
0
o
C';
~
o
i~
.:!
c::
& ...
cO
.5!
10
5
'C
c:
o
n
2
Vi 0
c:
o
"
.<:
C
o
E
...
..
E 0
"
..
..
.!!.
fl
~
~o
c:
.g
'6
~
~
0..
~
~
'"
c Q)
~ .2:
: ]i
~ c:
i' ~
a:: i!!
~ ~
e'~
ll.. Q)
C .S'
Q) a:
~ ~
0:: ~
'" Q)
wO::
!fl v
::r: .,;
ll..
~
l&
:S~"t
'0 N N
Q)
.0'
a: ...
:s 0
<;
'c
Q)
III
Q; C';
W c;; ~
::11 .. lEI
.&
a: ...
o ~
~ It) ~
ON ..t
.&
a: ..
~ VI
is !
~g
o 0
r- f-
'"
"
5
..
Q)
..
'"
.<:
0..
~
o
~
co
E
E
"
rn
(;
.0
co
-'
...
a;
lS
g.
a. Q)
Q) VI U
.!! ~ ~
.S .~ lA
al~]
-g~J5
~ .0 ~
~'8a;
en Q. >
o Q) '"
u a:: >=
Ii
:s
6 c
'" Q)
~ ~
> "::;
CiWa'
:S5~
.~ ~ IJ)
~ ~ ~
~ 0 '"
:::J Q) 16
1Il0~
U N C"') '"It It)
~t.ricOcOc.OcO
VI
8
u
t;
i!!
i:5
a;
'"
c:
'5
::>
13
oS
~
lL
g
~
1Il
~
Q)
Q)
.t=
1Il
"0
<II
~
C.
en
"0
"0
"
"
()
ci::
ll.
0::
I
co
::E
~
.t=
E
o
E
<0
2)
N
~
r--
~I
c
e
'E
<II
Q)
o
o
Q)
Cl
<II
ll.