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Home My WebLink AboutexhibitAMENDMENT TO PROFESSIONAL SERVICES AGREEMENT DATED 6/2/99 BETWEEN THE CITY OF MIAMI, FLORIDA ("CITY")'. AND MILIAN, SWAIN & ASSOCIATES, INC. ("MSA") WHEREAS, the CITY and MILIAN, SWAIN & ASSOCIATES, INC. entered into an agreement dated June 2, 1999 to provide professional services for the planning and design, preparation of construction documents and construction administration of the Riverside Riverfront Redevelopment Project, also known as "Lummus Landing", Project No. B-30286, formerly known as B-3286; and WHEREAS, the parties have determined that a revision to the Agreement is necessary given the changing needs of the CITY over the course of performance under said Agreement; and WHEREAS, the modifications to the Agreement require an increase for the allowance for additional services by $20,000, which has been approved by the City Commission by Resolution No. 99-198, adopted March 23, 1999; NOW THEREFORE, it is agreed that said Agreement is amended in the following particulars' Article 2 -- Scope of Consultant's Basic Services and Responsibilities * * * * * * 2.2 Scope of Consultant's Basic Services * * * * * * * * * * * 2.2.6 Construction Phase — Administration oflhe Construction Contract (d): Add: Including all water and sewer system pressure and exfiltration tests, writing and distributing test results. * * * * * * * * * * * * (i): Add: Assume four applications. * * * * * * * * * * * * (n): Add: Assume Four Chance Orders. * * * * * * * * * * * * * (t): Delete: Projoot Manager, reproduoible drawings of tho Gentreete ' Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 1 of 3 I Add: Within thirty (30) days after completion of the Construction Phase, the CONSULTANT shall furnish to the Project Manaaer, reproducible record drawings based on A$-_,Builts prepared by the Contractor and certified by the Contractor's Florida registered Land Surveyor. * * * * Add: (u) Miscellaneous Services This Task establishes an allowance amount of $1.126.00 to be used by MSA for miscellaneous engineering efforts that may become necessary and which are not covered in the above basic tasks of this Proposal. , * • * * Article 4: Compensation for Consultant's Basic Services, Section 4.1 is hereby modified as follows: Add: Compensation shall be based on a Lump Sum Basis. MSA's total fixed fee for this Scope of Work is $10.000. A breakdown of the work effort required to perform the tasks contained in this proposal is Included in Exhibit B. Lummus Landing Engirmering Fee Estimate. Attachments: Add: Exhibit B -- Additional Task 05: Reauest for Additional Compensation All other terms and conditions of the Professional Services Agreement dated June 2, 1999 remain unaffected and are unchanged. The undersigned will perform the work in compliance with the foregoing Agreement. Additionally, the Agreement has been authorized by City Commission Resolution No. 99- 708, as amended, and the terms of the enabling resolution are deemed as being incorporated by reference herein. The undersigned will perform the work in compliance with the enabling resolution. IN WITNESS WHEREOF, the City of Miami, Florida, has caused this Amendment, effective , 2004, to the Professional Services Agreement dated June 2, 1999 to be executed by the undersigned and the seal of the CITY to be set hereto; and MSA has caused this Agreement to be executed by the undersigned and the seal of MSA set hereto on this day and year first above written. Page 2 of 3 THE CITY OF MIAMI, FLORIDA THE CITY OF MIAMI, FLORIDA, a municipal (SEAL) Corporation of the State of Florida ATTEST: By: Joe Arriola, City of Miami APPROVED AS TO FORM AND CORRECTNESS FOR THE USE AND RELIANCE OF THE CITY OF MIAMI, FLORIDA, ONLY Jorge L. Fernandez, City Attorney ATTEST: Priscilla A. Thompson, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Dania Carrillo, Risk Management Administrator MIIign. Swain & Associates. Inc. Corporate Secretary (Affix Corporate Seal) MSA, a corporation By: _ Arsenio Milian President Page 3 of 3 MSA Milian, Swain & Associates, Inc. 2025 S.W. 32nd Av utic, Miami, Florida 3 145- , ; ', (305)441-0123 Fax (305)441-0688 April 29, 2004 REVISED August 18, 2004 CITY OF MIAMI Capital Improvement Project Department 444 SW 2"d Avenue, 8th Floor Miami, Florida 33130 Attention: Mr. Jorge Cano, P.E. Deputy Director CITY OF P'i.{i:r' , JOT. OF CAPITAL IMPROVEMENTS MSA File: C06-01 Reference: REQUEST FOR ADDITIONAL COMPENSATION "Riverside Riverfront Redevelopment Project", (LUMMUS LANDING) City of Miami, Florida Dear Jorge: As discussed earlier this week, Milian, Swain and Associates, Inc. (MSA) has identified additional services performed by our staff during the Bidding and Construction phases of the for the referenced project. The additional compensation requested is summarized as follows: BIDDING PHASE: • ADDITIONAL TASK 01: $ 4,666.00 CONSTRUCTION PHASE: • ADDITIONAL TASK 01: $ 2,147.00 • ADDITIONAL TASK 02: $ 681.00 • ADDITIONAL TASK 03: $ 3,520.00 • ADDITIONAL, TASK 04: $ 2.333.00 TOTAL: $13,347.00 • APPITIQNAL TASK 05: $10.000.00 GRAND TOTAL: $23,347.00 Please note that Task 05 represents additional construction services proposed by MSA through completion of construction. MSA's services are based on a number of assumptions as described in enclosed Attachment A. L ci +il t'rlgi t,'crs • en Er tlIUmen fai r'11!;11;t'cr • W.illt vrm,' as!o!f,';1 r'++II+i7.1i r,Oli. 1t1taril. ti Enclosed you will find a detailed description of the pertinent hours spent by MSA employees along with corresponding actual timesheets to substantiate this request, We would be pleased to meet with you to discuss the above information and attached documentation at your earliest convenience. Thank you in advance for your consideration and prompt attention to this matter. Sincerely, MILIAN, SWAIN & ASSOC TES, INC. JULIO M. MEN E Manager -Civil & Municipal Engineering Copy: Neil Potteet, P.E. Arsenio Milian, P.E. Deborah Swain Contract File (HDR Engineering, Inc.) (President — Milian, Swain & Associates, Inc.) (Vice -President — Milian, Swain & Associates, Inc.) 2 .11 1 . 302.5 S. W. 32nd Avenue, Florida 33145 (305) 441-0123 Fax (305) 442-068S REQUEST FOR ADDITIONAL COMPENSATION April 29, 2004 REVISED: August 18, 2004 "RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT" ( LUMMUS LANDING ) CONTRACT BIDDING PHASE Additional Task 01: Services provided by MSA from December, 2002 through June, 2003 due to extensive coordination with the City and UNITECH related to the analysis and revisions of UNITECH's Construction Schedule of Values. After MSA had almost completed its basic services during the Bidding Phase of the project from August, 2002 through November 2002, the City informed MSA that they were exploring the possibility of awarding this project to UNITECH (the 2nd lowest bidder) since they were locally based, in compliance with the City's contracting ordinances which allowed for the 2nd bidder to accept the low bid if they were locally based within the City of Miami. MSA performed the following task(s) that were never contemplated in MSA's original scope and budget for this phase of the work. Following is a list of MSA's staff involved in performing this effort: Month/ Year ID # (*) Staff Name Hours Ratelhr. Cost 02/03 41 A. Milian 0.50 $150.00 $ 75.00 02/03 42 R.Regalado 0.50 $115.42 $ 57.70 04A3 60 A,Milian 3.98 $150.00 $ 160.00 04/03 54 R.Regalado 3.00 $115.42 $ 346.26 05/03 61 R.Regalado 5.50 $115.42 $ 634.81 05/03 76 J.Palacios 2.00 $ 75.70 $ 151.40 06/03 81 J.Palacios 16.00 $ 75.70 $1211.15 06103 84 A.Milian 2.00 $150.00 $ 300.00 06/03 85 J.Palacios 10.50 $ 75.70 $ 794.85 06/03 88 J.Palacios 11.50 $ 75.70 $ 870.55 D6/03 90 A.Milian 1.50 $150.00 $ 225.00 TOTAL ADDITIONAL COMPENSATION REQUESTED: $4,666.00 (*) The ID # is used to cross-reference and identify the exact day, month and year in which MSA . staff provided the additional services as reported and described in the weekly timesheets submitted by the specific MSA employee. (Copies attached). 3 civil engineers • environmental engineers + utility management + financial consultants CONSTRUCTION PHASE Additional Task 01: Services provided by MSA in an effort to expedite and avoid construction delays related to the location of existing onsite underground Bellsouth Fiber optic lines within the existing utility easement. The construction documents depict the existing Bellsouth ducts based on the best available data provided by Bellsouth during the design phase of the project. Utility verification and coordination is specifically the responsibility of the Contractor, (not the Engineer) as stipulated in the construction drawings and specifications. MSA provided extensive coordination with UNITECH, the City and Bellsouth trying to resolve this issue. Following is a list of MSA's staff involved in performing this effort: Month/ Year ID # (*1 Staff Name Hours Rate/hr. Cost 08/03 102 J.Palacios 1.50 $ 75.70 $ 113.55 08/03 108 J.Palacios 6.00 $ 75.70 $ 454.42 09/03 115 J.Palacios 2.50 $ 75.70 $ 189.25 09/03 116 J.Palacios 5.50 $ 75.70 $ 416.35 10/03 125 A.Gomez 1.50 $ 53.78 $ 80.67 10/03 128 J.Menache 0.50 $121.61 $ 60.81 10/03 132 J.Palacios 2.00 $ 75.70 $ 151.40 10/03 136 J.Palacios 4.50 $ 75.70 $ 340.65 10/03 137 J.Palacios 2.50 $ 75.70 $ 189.25 10/03 141 J.Palacios 2.00 $ 75.70 $ 151.40 TOTAL ADDITIONAL COMPENSATION REQUESTED: $2,147.00 Additional Task 02: Services provided by MSA related to revisions to the construction drawings as required to reflect the adjustment (location) of the proposed tree planters in the public sidewalk directly adjacent to the project site. This change was requested by the City in August, 2003 (through letter from Curtis & Rogers Landscape Architects) to have the tree planters consistent with the rest of the Miami River Greenway project in this area. Following is a list of MSA's staff involved in performing this effort: Month/ Year ID # (*) Staff Name Hours Rate/hr. Cost 9/03 109 J.Palacios 2.50 $ 75.70 $ 189.25 9/03 112 J.Palacios 1.50 $ 75.70 $ 113.55 9/03 117 J.Palacios 1,50 $ 75.70 $ 113.55 9/03 123 J.Palacios 3.50 $ 75.70 $ 264.95 TOTAL ADDITIONAL COMPENSATION REQUESTED: $ 681.00 (*) The ID # shown is used to cross-reference and identify the exact week, month and year in which MSA staff provided the additional services as reported and described in the weekly timesheets submitted by the specific MSA employee. (Copies attached). 4 CONSTRUCTION PHASE (Continuation) Additional Task 03: On November, 2003, the "Water and Sewer" Pre -Construction meeting was held at the project site with representatives from the City, MDWASD Inspection Dept., UNITECH and their water and sewer sub -contractor. At this meeting, UNITECH requested to make the 12" x 8" tapping connection to the existing 12-inch d.i. watermain approximately 30 feet east of the location originally approved by MDWASD. The new location would require asphalt pavement restoration, thus reducing UNITECH's costs when compared to the concrete pavement restoration required at the original location. Upon MSA's review of the contractor's request, revisions to the plans were made and presented to Froylan Baez (MDWASD's Chief Inspector) who approved the new location but demanded the use of a 12" x 12" tap and 12-inch valve in lieu of the 12" x 8" originally approved by MDWASD. The increase in branch -pipe and valve diameter triggered a Change Order from UNITECH in excess of $20,000. MSA staff had to then spend an unexpected amount of effort to assist the City in resolving this issue that extended from November 2003 through March 2004. Following is a list of MSA's staff involved in performing this effort: Month/ Year ID # (*) Staff Name Hours Rate/hr. Cost 11/03 148 J.Palacios 2.00 $ 75.70 48-(**) 11/03 150 J.Palacios 3.00 $ 75.70 QUA-•(**) 11/03 151 J.Palacios 3.50 $ 75.70 $ 264.95 11/03 152 J.Palacios 2.00 $ 75.70 $ 151.40 11/03 153 J.Palacios 2.50 $ 75.70 $ 151.40 11/03 154 L.Garcia 2.50 $ 52.07 $ 130,17 (**) 12/03 155 A.Gomez 1.00 $ 53.78 $ 53.78 12/03 156 A.Milian 1.00 $150.00 $ 150.00 12/03 157 J.Palacios 1.00 $ 75.70 $ 75.70 12/03 158 J.Palacios 1.00 $ 75.70 $ 75.70 12/03 160 J.Palacios 6.50 $ 75.70 $ 492.05 01/04 166 J.Menache 1.00 $121.61 $ 121.61 01/04 167 J.Palacios 8.00 $ 75.70 $ 605.60 01/04 168 J.Palacios 1.50 $ 75.70 $ 113.55 01/04 169 J.Palacios 4.50 $ 75.70 $ 340.65 01/04 171 J.Palacios 1.50 $ 75.70 $ 113.55 01/04 172 J.Palacios 3.50 $ 75.70 $ 264.95 01/04 174 J.Palacios 2.00 $ 75.70 $ 151.40 03/04 181 J.Menache 2.00 $121.61 $ 243.22 03/04 184 J.Palacios 2.00 $ 75.70 $ 151.40 TOTAL ADDITIONAL COMPENSATION REQUESTED: $3,520.00 (*) The ID # shown is used to cross-reference and identify the exact week, month and year in which MSA staff provided the additional services as reported and described in the weekly timesheets submitted by the specific MSA employee. (Copies attached). (**) MSA committed to the City the watermain relocation design effort at no additional charge. 5 CONSTRUCTION PHASE (Continuation) Additional Task 04: Services provided by MSA related to review of revised construction schedule(s) received from UNITECH, coordination with UNITECH and assistance to the City, including attendance to meetings on said and related matters never budgeted for this phase of the work. Following is a list of MSA's staff involved in performing this effort: Month/ Year ID # (*) Staff Name Hours Rate/hr. Cost 02/04 175 A.Milian 2.50 $150.00 $ 375.00 03/04 176 A.Milian 1.00 $150.00 $ 150,00 03/04 179 A.Milian 3.00 $150.00 $ 450.00 03/04 180 J.Menache 2.00 $121.61 $ 243.22 03/04 182 J.Palacios 2.50 $ 75.70 $ 189.25 03/04 183 J.Palacios 2.00 $ 75.70 $ 151.40 03/04 185 J.Palacios 2.00 $ 75.70 $ 151.40 03/04 186 J.Palacios 1.00 $ 75.70 $ 75.70 0 /04 187 J.Menache 4.50 $12131 $ 547.24 TOTAL ADDITIONAL COMPENSATION REQUESTED: $2,333.00 (*) The ID # shown is used to cross-reference and identify the exact week, month and year in which MSA staff provided the additional services as reported and described in the weekly timesheets submitted by the specific MSA employee. (Copies attached). Additional Task 05: MSA's budget for the Construction phase of this project was negotiated with the City's Real Estate and Economic Development Department based on a 9-month (270 calendar days) construction period that started with the executed construction contract between the City and UNITECH on March 28, 2003 and ended on December 22, 2003. MSA has since continued to provide assistance to the City, even though MSA's portion of the construction phase budget ($14,000) was completely exhausted well before December 22, 2003. This was due to extended number of site visits and all the effort spent by our senior staff in the area of Construction Management / Administration; roles that were never budgeted for this phase of the work. As a result, MSA will provide additional construction phase assistance to the City based on an anticipated 4-month construction period extension, once this fee proposal is approved and in accordance with the attached scope of services (Attachment A) and associated engineering fee estimate. TOTAL ADDITIONAL COMPENSATION REQUESTED: $10,000.00 6 a ATTACHMENT "A" ADDITIONAL TASK 05 Construction Phase RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT (LUMMUS LANDING) SCOPE OF SERVICES MSA will provide additional construction phase assistance to the City based on a 4- month construction period and the following scope of services: Note: Task numbers follow Section 2.2.6 — "Construction Phase -Administration of the Construction Contract" of the executed Professional Services Agreement ("The Agreement") between the City of Miami (City) and Milian, Swain and Associates, Inc (MSA) for the Riverside Riverfront Redevelopment Project; hereby incorporated by reference: Task (d): Witness On -Site Testing Witness water and sewer system pressure and exfiltration tests. Write and distribute test results. Task (I): Review Contractor's Application for Payment Assume Four Applications. MSA's involvement limited to 2 hours by engineer per application. Task (m): Process Shop Drawings Scope consistent with the Agreement. Task (r): Substantial Completion of the Proiect Scope consistent with the Agreement. Task (s): Completion of Construction & Final Certification Scope consistent with Agreement. Task (t): Record Drawings MSA will prepare reproducible record drawings based on As -Built prepared and provided by the Contractor and certified by the Contractor's Florida registered Land Surveyor. 7 Task (u): Miscellaneous Services This Task establishes an allowance amount of $1,126.00 to be used by MSA for miscellaneous engineering efforts that may become necessary and which are not covered in the above basic tasks of this Proposal. COMPENSATION: Compensation shall be based on a Lump Sum Basis. MSA's total fee for this Scope of Work is $10,000.00. A breakdown of the work effort required to perform the tasks contained in this proposal is included in the enclosed Engineering Fee Estimate. -end- ATTACHMENT "A" ADDITIONAL TASK 05 Construction Phase 8 • Milian, Swain & Associates 2025 S.W. 32nd Ave. Miami, Florida 33145 (305) 441-0123 ACTIVITY Task (d): Witness On -Site Testing Task (i): Review Contractor's Application for Payment Task (m): Process Shop Drawings Task (r): Substantial Completion of the Project Task (s): Completion of Construction & Final Certification Task (t): Record Drawings Task (u): Miscellaneous Services ENGINEERING FEE ESTIMATE ADDITIONALTASK 05: CONSTRUCTION PHASE SERVICE "RIVERSIDE RIVERFRONT REDEVELOPMENT PROJECT"- (LUMMUS LANDING 4128/2004 REVISED: 8/17/04 Principal Project Manager Project Engineer CADD! Technician Word Process_ $150.00 0.00 2.00 0.00 0.00 2.00 1.00 $121.61 2.00 4.00 2.00 4.00 4.00 2.00 $75.70 8.00 8.00 8.00 8.00 16.00 8.00 $55.58 0.00 0.00 0.00 0.00 0.00 16.00 $53.78 1.00 4.00 4.00 4.00 2.00 0.00 TOTAL HOURS TOTAL MANHOURS TOTAL SALARY COSTS 5 $750.00 2.00 20 $2,432.20 8.00 64 _ $4,844.80 5.00 21 0.00 15 $1,167.18, $806.70 TOTAL CONTRACT FEE COMPUTATION 11 18 14 16 24 27 15 0 125 MSA Total Activity Salary Costs SUB -CONSULTANTS TOTAL(Fixed Fee Services) TOTAL(Lump Sum Basis) $10,000.00 $0.00 $10,000.00 Cost For Activity $902.60 $1,607.16 $1,063.94 $1,307.16 $2,105.20 $1,888.10 $1,126.72 $0.00 $10,00( April 21 Revis ulio Me August 11