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AMENDMENT N0.2
TO THE PROFESSIONAL ARCHITECTURAL
AND ENGINEERING (A / E) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
CHEN AND ASSOCIATES, INC, DATED MAY 18, 2005,
IN THE NEGOTIATED AMOUNT OF $94,320, PLUS AN ADDITIONAL AMOUNT OF $13,000,
FOR APPROVED REIMBURSABLES, FOR THE PROVISION OF
ADDITIONAL DESIGN SERVICES FOR THE RECONSTRUCTION OF ROADWAYS AND
ALLEYWAYS, PROVISION OF STORMWATER COLLECTION AND DISPOSAL SYSTEM AT
ALLEYWAYS AND DRAINAGE "HOT SPOTS", AND ADDITIONAL WATER MAIN
REPLACEMENTS, FOR THE SOUTH POINTE PHASE III, IV, AND VRIGHT-OF-WAY
NEIGHBORHOOD IMPROVEMENT PROJECT
This Amendment No. 2 to the Agreement made and entered this / 'day of ~ Q/H PX 200',
by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing un erthe laws of the
State of Florida (hereinafter referred to as the City), having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, and CHEN AND ASSOCIATES, INC., a Florida
Corporation, having its offices at 420 Lincoln Road, Suite 700, Miami Beach, Florida 33139
(hereinafter referred to as the Consultant).
RECITALS:
WHEREAS, on May 18, 2005, the Mayor and City C mmission approved Resolution No.
2005-25902, authorizing the execution of an A/E Agreem~nt with Chen and Associates, Inc.
(Consultant), in anot-to-exceed amount of $2,017,009, to provide urban design, architecture,
landscape architecture, engineering and construction administration services for the South Pointe
Phase III, IV, and V, Right-of-Way (ROW) Neighborhood Improvement Project (the Project);
pursuant to RFO No. 08-03104; and
WHEREAS, the Agreement provides for the planning, design, bidding and award,
construction administration and reimbursab{es for the Project; and
WHEREAS, the Agreement was executed for anot-to-exceed amount of $2,017,009; and
WHEREAS, on April 11, 2006, the City Commission approved Resolution No.2006-26172,
approving the Basis of Design Report (BODR); and
WHEREAS, in December 2006, during the Project design phase, the Public Works
Department requested the implementation of bike lanes, in accordance with the "bike master plan"
that was being developed; and
WHEREAS, Amendment No. 1 to the Agreement was executed on March 14, 2007, to
implement bike lanes along Alton Road, South Pointe Drive, and Ocean Drive, in the amount of
$73,256; and
WHEREAS, upon further analysis of the current scope of work for the Project, the
Administration has determined that additional design engineering will be required to address the
stormwater collection and disposal system at alleyways and drainage "hot spots", reconstruction of
select roadways and alleyways, and to install an approximate 2,100 additional linear feet of water
mains; and
WHEREAS, the City Administrationsnd Consultant have negotiated an additional fee forthe
work in the amount of $94,320, plus an additional $13,000 for approval reimbursables; and
WHEREAS, this item was recommended for approval by the, Capital Improvement Projects
Oversight Committee (CIPOC) at its August 31, 2009, meeting; and
WHEREAS, the following Amendment No. 2 increases the Agreementfee by $107,320, fora
total fee of $2,197,585.
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:
ABOVE RECITALS
The above recitals are true and corcect and are incorporated as a part of this Amendment
No. 2.
2.
The Agreement is amended to provide the additional services as set forth in Schedule "A-2",
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 per this Amendment No. 2.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed in
their names by their duly authorized officials as of the date first set forth above.
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
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Robert Parcher, City Clerk -
Matti Herrera Bower
Mayor
ATTEST:
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Secretary:
OscAR ®Ec[G
Print Name
CONSULTANT:
CHEN AND ASSOCIATES, INC.
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rresrverx- c~s/~ii.TGti/
~es~ / J, ~2_~7 APPROVED AS TO
Print Name FORM & LANGUAGE
eri FOR CUTION
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SCHEDULE "A-2"
SCOPE OF SERVICES
Schedule "A" entitled, "Scope of Services", is amended as follows:
ADD the following under TASK 5 -ADDITIONAL SERVICES:
"Task 5.5 -Additional Design Services -Reconstruction of Roadways and Allevwavs Design:
Based upon a site investigation in conjunction with CITY Staff, rights-of-way were identified which
require additional design efforts for roadway reconstruction. The rights-of-way identified are as
follows:
1. 1st Street, between Washington Avenue and Ocean Drive;
2. South Pointe Drive, between Alton Road and Ocean Drive;
3. Ocean Drive, between North of 1st Street and South Pointe Drive;
4. Collins Avenue, between North of 1st Street and South Pointe Drive;
5. Alleyways:
a. Commerce Court, between Jefferson Avenue and Washington Avenue;
b. Biscayne Court, between Alton Road and Washington Ayenue;
c. Collins Court, between South Pointe Drive and 5th Street; and
d. Ocean Court, between South Pointe Drive and south of 5th Street (Ocean Court
between 1 st Street and South Pointe Drive was originally removed since it was to be
vacated for the Viceroy Project (Block 1 Project)).
The CONSULTANT shall provide professional services, in general accordance with the base scope
of services, for the design and permitting of proposed roadway reconstruction segments as listed
above and identified in the attached Exhibits. This task is limited to the design and permitting for
roadway reconstruction segments only; no additional streetscape will be provided. The
CONSULTANT shall amend the current construction documents to include these improvements.
The CITY will allocate additional funding to support these improvements into the project construction
budget.
Professional services to be provided by the CONSULTANT shall include:
• .Perform detailed design for the reconstruction of the identified roadway segments.
• Incorporate the detailed design and cost estimate into the contract documents for South
Pointe Bid Packages 12 D, E, & F. Revised contract documents will be completed at 90%
and 100% stages.
Based upon a site investigation in conjunction with CITY Staff, rights-of-way and hotspots were
identified which require additional design efforts for stormwater design. CONSULTANT shall
incorporate the additional stormwater areas into the existing ICPR computer model for analysis and
design. The drainage collection and disposal system will be designed to handle a 5-year 1-day
storm event. This effort shall include all modeling efforts necessary to verify compliance with noted
model requirements. The hotspots and rights-of-way identified are as follows:
1. Ocean Drive and South Pointe Drive (hotspot).
2. Washington Avenue and South Pointe Drive (hotspot).
3. Jefferson Avenue and 1st Street (hotspot).
4. Alleyways:
a. Commerce Court, between Jefferson Avenue and Washington Avenue.
b. Biscayne Court, between Alton Road and Washington Avenue.
c. Collins Court, between South Pointe Drive and 5th Street.
d. Ocean Court, between South Pointe Drive and south of 5th Street.
The CONSULTANT shall provide professional services, in general accordance with the base scope
of services, for the design and permitting of additional stormwater as listed above and identified in
the attached Exhibits. This task is limited to the design and permitting for additional stormwater
only. The CONSULTANT shall amend the current construction documents to include these
improvements. The plans will not include profiles. The CITY will allocate additional funding to
support these improvements into the project construction budget.
Professional services to be provided by the CONSULTANT shall include:
• Perform detailed evaluation, design and permitting of additional stormwater of the identified
hotspots and alleyways
• Incorporate the detailed design and cost estimate into the contract documents for South
Pointe Bid Packages 12 D, E, & F. Revised contract documents will be completed at 90%
and 100% stages.
Basis of Scope:
• .Revisions/Addendums to the BODR are not included;
• The City shall provide video inspections or reports of existing outtalls, from the most
upstream catch basin to the ouffall terminus;
• ,Pump station design is not part of the scope;
• Analysis of adjacent properties stormwater system and/or models is not included (e.g.
Apogee, Block 1, Block 51, Continuum, etc.); stormwater profiles are not included, per
CMBPW.
Task 5.7 -Additional Design Services -Additional Watermain Replacements Design and
Permitting:
As provided by CITY staff, the CITY would like to include additional watermain replacements within
the South Pointe Bid Packages 12 D, E, & F project which will require additional design and
permitting efforts. The additional watemlain replacement segments are as follows:
1. Biscayne Court from Alton Road to Washington Avenue.
2. Commerce Court from Alton Road to Washington Avenue.
3. Ocean Court from South Pointe Drive to 2nd Street.
The CONSULTANT shall provide professional services, in general accordance with the base scope
of services, for the design and permitting of additional watermain as listed above and identified in
the attached Exhibits. This task is limited to the design and permitting for additional watermain
replacement only. The CONSULTANT shall amend the current construction documents to include
these improvements. The CITY will allocate additional funding to support these improvements into
the project construction budget.
Professional services to be provided by the CONSULTANT shall include:
• .Perform detailed design and permitting of additional watermain replacements as identified
above.
• Incorporate the detailed design and cost estimate into the contract documents for South
Pointe Bid Packages 12 D, E, & F. Revised contract documents will be completed at 90%
and 100% stages.
Task 5.5, Task 5.6 & Task 5.7 Additional Design Services: Permitting, Deliverables and Schedule:
Permitting - At the 90% design stage, CONSULTANT shall prepare applications and such
documents and design data as may be required to amend approvals from all such governmental
authorities that have jurisdiction over the Project. The CITY will pay all permit fees. The following
governmental authorities that have or may have jurisdiction over the additional design efforts are:
_ Florida Department of Environmental Protection
_ South Florida Water Management District
_ Miami-Dade Department of Environmental Resources Management
_ Miami-Dade Department of Health and Rehabilitative Services
_ The City of Miami Beach Public Works Department
Deliverables -Prepare amended construction documents to include: additional roadway
reconstruction segment design and applicable details; additional stormwater design
and permitting; and additional watermain replacements design and permitting.
-Provide six (6) half size copies of amended construction documents to CITY at 90%
and 100% design stages.
- Prepare applications and appropriate documents to amend existing permits to
include additional work and respond to regulatory agency comments.
TIME OF COMPLETION
Additional Design will commence upon the City's issuance of the Notice to Proceed.
90% design stage documents will be completed within sixty (60) calendar days of the receipt of the
Notice to Proceed.
100% design stage Documents will be completed within sixty (60) calendar days of the receipt of
final regulatory agency/City comments and any changes resulting from the bid addenda.
PAYMENT AND COMPENSATION
The method of calculating fees for the aforementioned proposed additional professions!
architectural and engineering services is based on lump sum design fees plus direct costs. The total
fee proposed for this Scope of Work shall be in the negotiated amount of $94,320, plus an
additional amount of $13,000, for approved reimbursables. Invoicing will be monthly and based on
the percentage of work completed and accepted by the City, and reimbursables in accordance with
current Agreement between the City and Consultant.
COMPENSATION
• Original Agreement amount $2,017,009.
• Amendment No.1 (Design services forthe installation of bike lanes/routes) amount $73,256
• Amendment No. 2 (Design services for the reconstruction of roadways and alleyways,
stormwater collection and disposal system at alleyways and drainage "hot spots", and
additional water main replacements) amount $94,320, plus an additional amount of $13,000,
for approved reimbursables.
• Revised Agreement amount 2 197 585.
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