HomeMy WebLinkAboutAmendment No. 6
AMENDMENT N0.6
TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL
AND ENGINEERING SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
CH2M HILL,
DATED MAY 16, 2001,
FOR THE PROVISION OF PROFESSIONAL SERVICES,
IN AN AMOUNT NOT-TO-EXCEED $550,000,
FOR THE PROVISION OF RESIDENT PROJECT REPRESENTATION AND
ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES
FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENT PROGRAM
NEIGHBORHOOD N0.3 NORMANDY SHORES PROJECT
Thi Amendment No. 6 to the Agreement made and entered this G ~ day of
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 CH2M HILL INC., having its offices at 800 Fairway Drive, Suite 350, Deerfield,
Florida 33441 (hereinafter referred to as Consultant).
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 134-99/00, the
City adopted Resolution No. 2001-24386, on May 16, 2001, approving and authorizing
the Mayor and City Clerk to execute an Agreement with CH2M Hill Inc. (Consultant), for
Professional A/E Services for the Neighborhood No. 3 Normandy Shores Right-of-Way
(ROW) Infrastructure Improvement Project (the Agreement); and
WHEREAS, the Agreement was executed fora not-to-exceed amount of
$620,800; and
WHEREAS, the scope of the Project is comprised of improvements to the
following area: Normandy Shores, a residential island with approximately 200 single
family homes and 43 apartment buildings surrounding the Normandy Shores Golf
Course and Fairway Park, which is linked to Miami Beach at 71St Street; and
WHEREAS, the Project scope of work includes: enhanced landscaping and
street lighting consistent with community preferences; repair, extension or widening of
sidewalks to comply with ADA -Title III; street resurfacing/pavement markings and
improvement of dead end streets with street lighting, landscaping, fencing, and/or
parking, where appropriate; bicycle paths and pedestrian access ways; incorporation of
traffic calming features, consistent with the community preferences; improved storm
water drainage collection and disposal infrastructure; and provision of the necessary
infrastructure to accommodate the burial of overhead facilities, in the event the residents
consider the creation of a special assessment district to underground electric, cable, and
telephone services; and
WHEREAS, on May 13, 2005, Amendment No. 1 to the Agreement was
executed, to include the provision of additional services necessary to prepare and attend
a second pre-community design workshop, and community design workshop (CDW) for
the Project, for snot-to-exceed amount of $12,811; and
WHEREAS, on October 5, 2004, Amendment No. 2 to the Agreement was
executed, to include the provision of additional professional services necessary to
perform underground utility verification for the Project, in an amount not-to-exceed
$16,325; and
WHEREAS, on March 18, 2005, Amendment No. 3 to the Agreement was
executed, to include the provision of additional professional services necessary to install
a drainage test well for the Project, in an amount not-to-exceed $12,750; and
WHEREAS, on March 18, 2005, Amendment No. 4 to the Agreement was
executed, to include provisions for additional .professional services necessary to
incorporate concrete valley gutters to the construction documents for the Project, for a
not-to-exceed amount of $3,500; and
WHEREAS, on July 14, 2005, Amendment No. 5 to the Agreement was
executed, to include provisions for additional services necessary to install an additional
drainage test well for the Project, in snot-to-exceed amount of $500; and
WHEREAS, at this time, the City, has negotiated Amendment No. 6 for the
provision of additional construction administration services and Resident Project
Representation for an estimated 21-month period; and
WHEREAS, in addition, these additional services include the purchase and
implementation of E-Builder software throughout the construction period, as well as
attendance and execution of apre-construction conference with residents to provide an
overview of the construction project sequencing, and addressing issues of concern; 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(s) request
appears fair and reasonable; and
WHEREAS, this Amendment No. 6 increases the previously contracted amount
of $666,686 by $550,000; resulting in a total fee of $1,216,686.
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 part of this
Amendment No.6.
2. MODIFICATIONS
The Agreement is amended as defined in schedule "A-6" 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 defined by this
Amendment No.6.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 to
be executed in their names by their duly authorized officials as the date first set forth
above.
ATTEST:
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City Clerk .
Robert Parcher
~' ATTEST:
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SECRETARY
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Print Name
(EACH
CONSULTANT: CH2M HILL INC.
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fjic ~- PRE DENT
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Print Name
APPROVED AS TO
FORM 8~ LANGUAGE
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City Attorney, (~ to
T:\AGENDA\2006\Dec0606\consent\Normandy Shores ROW AMD_6.doc
Mayor
David Dermer
SCHEDULE "A-6"
SCOPE OF SERVICES
CITY OF MIAMI BEACH
RIGHT-OF WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD N0.3 -NORMANDY SHORES
AMENDMENT N0.6
SCOPE OF SERVICES
Schedule "A-6" entitled, "Scope of Services", is amended as follows:
Task 4 -Construction Management Services
The use of E-Builder software will be implemented during the construction phase of this
project. In this effort, the CITY plans to reimburse the CONSULTANT for the purchase
of one license.
The following new Task 4.1.A shall be added to the existing scope of services:
Task 4.1A -Pre-Construction Conference with Residents
CONSULTANT shall prepare, attend and conduct aPre-Construction Conference with
residents of the Normandy Shores neighborhood. The purpose of the meeting shall be
to introduce the CONSULTANT and Contractor to the residents, as welt 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 apre-meeting with CITY, that is to be held to review the
content of the presentation 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 Project.
The following new Task 4.8 shall be added to the existing scope of services:
Task 4.8 -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 the
duration of the project to a period not to exceed the final completion date and
acceptance of the construction 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 Project.
The following new Task 5.5 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 4weNM~•#s~r 630
days 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 projects 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 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 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.
(j) 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 /address all Requests for Information /
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.
PAYMENT AND COMPENSATION
The total fee proposed for this scope of work shall be snot-to-exceed amount of
$550,000. This fee is based on estimated labor hours per task and other direct costs, as
shown in the attached fee proposal from CH2M Hill, dated November 2, 2006. Invoicing
will be monthly and based on hourly rates in accordance with the original Agreement
between the City of Miami Beach and CH2MHILL.
• Original Agreement amount: $620,800.00
• Amendment No.1 (Additional services for CDW N0.2) amount: $12,811.00
• Amendment No.2 (Underground utility verification) amount: $16,325.00
• Amendment No.3 (Test well installation) amount: $12,750.00
• ~ Amendment No.4 (Concrete valley gutters) amount: $3,500.00
• Amendment No.5 (Reimbursable expenses for test well) amount: $500.00
• Amendment No.6 (Additional construction management services and Resident
Project Representation) amount: $550,000
• Revised Agreement amount: $1,216,686
T:\AGENDA\2006\Dec0606\consent\Normandy Shores ROW AMD_6.doc
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