HomeMy WebLinkAboutAmendment No. 8~7~ ,~pG~y-~5 ~.7~
AMENDMENT No. 8 y~~l U 7
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
CHEN AND ASSOCIATES, INC, DATED SEPTEMBER 8, 2004,
FOR THE CITY CENTER RIGHT OF WAY IMPROVEMENT PROJECT,
SAID AMENDMENT IN AN AMOUNT NOT-TO-EXCEED $21,078; FOR THE PROVISION
OF ADDITIONAL PROFESSIONAL SERVICES NECESSARY FOR THE REDESIGN OF 17`h
STREET, PENNSYLVANIA AVENUE AND LINCOLN LANE NORTH, NEIGHBORHOOD
N0.9B, CITY CENTER RIGHT OF WAY NEIGHBORHOOD IMPROVEMENT PROJECT.
This Amendment No. 8 to the Agreement, made and entered this ~1day of 4 2010,
by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing nder the laws
of the State of Florida (hereinafter referred to as 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 444, Miami Beach, Florida
33139 (hereinafter referred to as the Consultant).
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 68-02/03, the Mayor
and City Commission adopted Resolution No. 2004-25678, on September 8, 2004, approving
and authorizing the Mayor and City Clerk to execution an Agreement with Chen and
Associates, Inc. (Consultant), in anot-to-exceed amount of $2,144,773, for the planning,
design, bid and award, and construction administration phases of the City Center Right-of-
Way (ROW) Neighborhood Improvement Project (the Project); and
WHEREAS, the Project includes improvements to the stormwater system, water
system, roadways, streetscape, landscaping, traffic calming, pedestrian lighting, and linkages
within the public right-of-ways; and
WHEREAS, the Project limits are bounded by 16~' Street to the South; Dade
Boulevard to the North; and from Alton Road on the West, to Collins Avenue on the East; and
WHEREAS, on February 8, 2006, the City Commission adopted Resolution No. 2006-
26126, approving Amendment No. 1 to the Agreement, in an amount not-to-exceed $347,925,
to include the design of streetscape improvements on Meridian Avenue from 17"' to 18"'
Street, and miscellaneous water and wastewater main improvements; and
WHEREAS, on December 6, 2006, the City Commission adopted Resolution No.
2006-26388, approving Amendment No. 2 to the Agreement, in an amount not-to-exceed
$88,081, to include the design of streetscape improvements on 21S` Street, between Park and
Collins Avenues, Construction Administration and Resident Project Representative (RPR)
services for Lincoln Road, between Collins and Washington Avenues; and
WHEREAS, on April 24, 2007, the Capital Improvement Projects (CIP) Office
approved Amendment No. 3 to the Agreement, for anot-to-exceed amount of $16,973, for the
design of bike lanes/routes within t he City Center Right-of-Way Neighborhood Improvement
Project; and
WHEREAS, on September 5, 2007, the Capital Improvement Projects (CIP) Office
Executed Amendment No. 4, in an amount not-to-exceed $24,923, for the additional planning
services for the proposed improvements along the Lincoln Road corridor, between
Washington and Collins Avenues (Bid Package 9C); and
WHEREAS, on May 5, 2008, the Capital Improvement Projects (CIP) Office approved
Amendment No. 5 to the Agreement, for anot-to exceed amount of $23,935, for design
revisions to the Bid Package 9B, City Center Commercial District Right-of-Way Neighborhood
Improvement Project, necessitated by the Miami-Dade County Public Works Department
Traffic Division; and
WHEREAS, on November 14, 2008, the Capital Improvement Projects (CIP) Office
approved Amendment No. 6 to the Agreement, for anot-to exceed amount of $23,766, for
design revisions to Lincoln Lane North between Pennsylvania and Washington Avenue
adjacent to the New World Symphony project; and
WHEREAS, on December 3, 2008, the Capital Improvement Projects (CIP) Office
approved Amendment No. 7 to the Agreement, for anot-to-exceed amount of $24,442, for
redesign of Lincoln Road between Washington Avenue and Collins Avenue; and
WHEREAS, the Consultant has submitted a proposal for additional professional
services for the additional scope of work associated with the redesign of improvements within
the Bid Package 9B, to coordinate with the construction of the New World Symphony project
between 17'" Street, Pennsylvania Avenue and Lincoln Lane North; and
WHEREAS, the total additional fee requested by the Consultant for the additional work
is $21,078; and
WHEREAS, the Capital Improvement Projects Office and the Special Assistant to the
City Manager have evaluated the Consultant's cost proposal and are in agreement that the
proposal is reasonable; and
WHEREAS, this Amendment No. 8 to the Agreement, will revise the total contract sum
to anot-to-exceed total of $2,715,896.
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. 8.
2. MODIFICATIONS
The Agreement is amended to include and incorporate the additional work, as set forth
in Schedule "A-8", 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. 8.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 8 to be
executed in their names by their duly authorized officials as of the date first set forth above.
AT, ST: CITY OF MIAMI BEACH, FLORIDA
r
Robert Parcher, City Clerk J M. nz lez, a er
Print
TANT:
INC
APPROVED AS TO
FORM & LANGUAGE
e!~ FOR EXECUTION
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City A rne~~ Data
Print Name
SCHEDULE "A-8"
SCOPE OF SERVICES
Schedule "A" entitled, "Scope of Services", is amended as follows:
ADD the Following under Task 5 -ADDITIONAL SERVICES
Task 5.10 -Additional Design Services
The CONSULTANT shall furnish additional design services associated with the City Center
Neighborhood Right-of-Way improvements as noted below:
Task 5.10 Revisions to 17tH Street. Pennsylvania Avenue and Lincoln Lane North:
The CONSULTANT shall provide professional services for the design of the revisions to the
proposed right of way improvements along 17tH Street between Washington Avenue and
Pennsylvania Avenue, Pennsylvania Avenue between 17tH Street and Lincoln Lane North, and
Lincoln Lane North from Pennsylvania Avenue to Washington Avenue. The following changes
will be implemented as part of these revisions:
• Elimination of roadway connection between Lincoln Lane North and Drexel Avenue
• Elimination of roadway connection between 17`n Street and Drexel Avenue
• Design of signalization for new right-turn lane from 17tH Street to Washington Avenue
• Design of signalization for the closure of Drexel Avenue at 17tH Street and creation of
pedestrian signalization and crosswalks
• Realignment design of Lincoln Lane North
• Realignment design of Pennsylvania Avenue
• Design of roadway and pedestrian lighting on Lincoln Lane North
• Design of pedestrian and uplighting on Pennsylvania Avenue
• Redesign of landscape design for Lincoln Lane North
• Redesign of landscape design for Pennsylvania Avenue
Professional services to be provided by the CONSULTANT shall include:
5.10.1 CONSULTANT shall attend coordination meetings with the City, regulatory agencies and
project team.
5.10.2 The CONSULTANT shall revise all design drawings impacted by the reconfiguration of
Lincoln Lane North between Pennsylvania Avenue and Washington Avenue and for
Pennsylvania Avenue between 17'n Street and Lincoln Lane North. The CONSULTANT
shall revise all design drawings impacted by the landscape and lighting redesign for
Lincoln Lane North and Pennsylvai9na Avenue. Consultant shall also revise all design
drawings impacted by the re-signalization of 17tH Street and Drexel Avenue and 17tH
Street and Washington Avenue.
5.10.3 The CONSULTANT shall revise all design drawings impacted by the pedestrian and
street lighting for Lincoln Lane North and for the pedestrian and up-lighting for
Pennsylvania Avenue.
5.10.4 The CONSULTANT shall revise all design drawings impacted by the relocation of the
existing mast arms at 17tH Street and Washington Avenue and 17tH Street and Drexel
Avenue.
6 The CONSULTANT shall update the construction cost estimates based on the revisions
to all design drawings included in the tasks listed above.
7 CONSULTANT shall attend meetings with regulatory agencies, including Miami-Dade
Traffic Engineering, to gaining approval for Lincoln Road North between Washington
Avenue and Collins Avenue.
8 The CONSULTANT shall revise all design drawings per comments received from the
regulatory agencies.
TIME OF COMPLETEION
The Consultant shall incorporate the design changes and update the associated cost estimate
for the design modifications for Bid Package 96 within four weeks of the execution of this
amendment.
PAYMENT AND COMPENSATION
The method of calculating fees for the aforementioned proposed additional professional
architectural and engineering services is based on estimated labor plus direct costs. The total
fee proposed for this Scope of Work shall be on anot-to-exceed basis, in the amount of
$21,078. Invoicing will be monthly and based on hourly rates as defined in the current
Agreement between the City and Consultant.
COMPENSATION
• Original Agreement amount $2,144,773.
• Amendment No.1 (Design services for the installation miscellaneous water and
wastewater main upgrades, and improvements on Meridian Avenue from 17"' to 18"'
Street), amount $347,925.
• Amendment No.2 (Design services for the improvements to 21St Street, between Park
and Collins Avenues, Construction Administration and Resident Project Representative
(RPR) services for Lincoln Road, between Washington and Collins Avenues), amount
$88,081.
• Amendment No.3 (Design services for the installation of bike lanes/routes), amount
$16, 973.
• Amendment No. 4 (Design services for Lincoln Road Streetscape Improvements
between Washington Avenue and Collins Avenue, Bid Package 9C), amount of $24,923.
• Amendment No. 5 (Design revisions for City Center Neighborhood 96 necessitated by
the Miami-Dade County Public Works Department Traffic Division), amount $ 23,935
• Amendment No. 6 (Redesign of Lincoln Lane North Adjacent to the New World
Symphony Project, Bid Package 96), amount $23,766.
• Amendment No. 7 (Redesign of Lincoln Road between Washington Avenue and Collins
Avenue), amount $24,442.
• Amendment No. 8 (Redesign of 17"' Street, Pennsylvania Avenue and Lincoln Lane
North), amount $21,078.
• Revised Agreement amount 52.715.896.
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E N G 9 N E E R I N G Y
CONSULTANT WORK ORDER PROPOSAL
Main Street Engineering, Inc. proposes to provide the services identified below for the project
entitled "City Center 96 Street Lighting'; pursuant to its Professional Service Agreement with
Chen and Associates for Engineering Services, dated September 10~", 2009 .
I. GENERAL
Project Description: City Center 9B (Lincoln Lane North between Pennsylvania Avenue
and Washington Avenue), City of Miami Beach, Florida.
The general objective is for Main Street Engineering, Inc., hereinafter referred as the
CONSULTANT, to provide Design Services for the Electrical Design of the project.
II. SCOPE OF WORK
CONSULTANT to provide Design Services as per the following activities:
1. Review the Existing Plans and Site (conduct a Field Review).
2. Modify Existing Key Sheet.
3. Modify Existing General Notes/Specifications Sheet.
4. Modify Existing Pole Data & Legend Sheet.
5. Prepare the Street Lighting Plan Sheets.
6. Modify Existing Service Point Details Sheet.
7. Modify Existing Special Details Sheet.
8. Prepare Lighting Photometrics.
9. Prepare Voltage Drop Calculations.
10. Coordinate Service Point location with FPL.
11. Attend Coordination Meetings with Chen and Associates
III. SUBCONSULTANTS
The below listed Sub-Consultants will assist in the performance of the Work
SubConsultant Name S ecialt or Ex ertise
Yousseff Hashem, P.E. Structural En ineer
IV. SCHEDULE OF WORK-TIME OF PERFORMANCE
Consultant shall submit the Deliverables and perform the Work as depicted in the tables below:
SCHEDULE OF WORK AND DELIVERABLES
Total Hours or
TASK Drawing Name or Deliverable Anticipated Delivery
Date
1 Items 1 throw h 11 as described in Sco a of Work 23 weeks
V. COMPENSATION
Consultant shall perform the Work detailed in this Proposal for a Limited Amount, Not to Exceed
fee of four thousand five hundred dollars ($4,500.00).
VI. PROJECT MANAGER
CONSULTANT'S Project Manager for this Work Order assignment will be William E. Pino, P.E.
70358 5W d7th Street + Miarni, Florida 33t 55
Phone: t305j Gd6-7d50 • Fax: (305} 88G-2d50
SUMMARY OF COST
Project: City Center (Lincoln Lane North between Pennsylvania
Avenue and Washington Avenue)
DATE: September 10th, 2009
ELECTRICAL MANHOUR SALARY AVE.
ACTIVITY --> DESIGN BY COST BY HOURLY
AND PLANS ACTIVITY ACTIVITY RATE
PROJECT MANAGER 21.2 0 21.2 $954.00 $45.00
ENGINEER 10.6 0 10.6 $371.00 $35.00
CADD TECHNICIAN 15.9 0 15.9 $397.50 $25.00
CLERICAL 5.3 0 5.3 $95.40 $18.00
0 $0.00 $0.00
0 $0.00 $0.00
0 $0.00 $0.00
53 ~ 53 $1,817.90 $34.30
Salary Related Costs (79 hrs X $ 34.30 Ave Hr) $ 1,817.90
Overhead (142%) $ 2,581.42
Subtotal $ 4,399.32
Allowance for Reimbursable Expenses $ 100.68
Total $ 4,500.00
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September 24, 2009
Chen and Associates, Inc.
420 Lincoln Road, Suite 700
Miami Beach, FL 33139
Attention: Mr. Oscar Bello, P.E.
Branch Manager
Reference: Miami Beach Mast Arm Relocation
Miami Beach, Florida
Fee Proposal for Traffic Engineering Services
Dear Oscar,
Thank you for inviting BCC Engineering, Inc. to offer our Fee Proposal to provide Traffic Engineering Services on this
Project. We have extensive experience working with Miami Dade County on traffic related projects. This will ensure
a smooth process from conceptual design through permitting.
Scope of Services
Our Basic Services includes the relocation of a single mast arm on Miami Beach. We will provide construction
documents sufficient for permit.
In order to complete our drawings, we will need existing drawings to be provided by the County.
The following items are excluded from our Scope of Work.
• Attending bi-weekly, monthly orout-of-town meetings at any time during the course of the project.
• Estimates of probable construction cost.
• Retiming of signals.
• Relocation of other items.
Basic Services Fee
We propose to provide the described Basic Services for a Lump Sum Fee of Five Thousand Dollars ($5,000.00).
Reimbursable Expenses as defined by AIA C141 shall be invoiced at 1.1 times costs.
Additional Services
Services beyond those outlined under Basic Services, including increase in the scope of the Project, revisions to the
work, site visits, inspections, construction errors, etc. will be provided for an additional negotiated Lump Sum Fee or
performed on an hourly basis at the rates indicated on the attached Hourly Billing Rate Schedule, Exhibit A. BCC will
provide Additional Services after receipt of written authorization by Client.
7300 North Kendall Drive ~ Suite 400 ~ Miami, Florida 33156 t. 305.670.2350 f. 305.670.2351
Miami Beach Mast Arm Relocation Proposal September 24, 2009
Mr. Oscar Bello, P.E. Page 2 of 8
Payments
Billings will be monthly based on the percentage of services completed.
Reimbursable expenses and Additional Services will be billed monthly as they are incurred.
If the services covered by this Agreement have not been completed by September 23, 2010, for reasons beyond our
control, the amounts of compensation set forth in this Agreement shall be equitably adjusted. If this proposal is not
accepted within 90 days, it shall become void.
Our proposal, Exhibit A "Hourly Billing Rate Schedule", Exhibit a "General Provisions" and Exhibit C "Work
Authorization" are attached to and made a part of this Agreement.
We hope this Proposal meets your expectations. If this Proposal is acceptable to you, please sign Exhibit C and return a
copy to us. We will sign and return one copy to you.
We look forward to working with you on this Project.
Sincerely,
BCC ENGINEERING, IN .
Juan J. P. , S.E., LEED AP
Senior Struc ral ineer
/jf
Attachments
Miami Beach Mast Arm Relocation Proposal
September 24, 2009
Mr. Oscar Bello, P.E. Page 3 of 8
EXHIBIT A-HOURLY BILLING RATE SCHEDULE
This Exhibit is part of the Letter Proposal dated September 24, 2009 between Chen and Associates (Client) and BCC
Engineering, Inc. (Engineer) for the above referenced project.
Title Hourlv Billing Rate
Principal $200/Hour
Director $180/Hour
Project Manager $160/Hour
Senior Project Engineer $140/Hour
Engineer $120/Hour
Designer $80/Hour
Senior CAD $100/Hour
CAD Operator $70/Hour
Clerical $50/Hour
Rates subject to annual adjustment, starting December 31, 2009
Miami Beach Mast Arm Relocation Proposal
September 24, 2009
Mr. Oscar Bello, P.E. Page 4 of 8
EXHIBIT B-GENERAL PROVISIONS
1. General Provision: This Exhibit is part of the Letter Proposal dated September 24, 2009 between Chen and
Associates (Client) and BCC Engineering, Inc. (Engineer) for the Miami Beach Mast Arm Relocation, and shall be
incorporated into any agreement, whether signed or unsigned, between the Engineer and the Client. An order by the
Client for the commencement of the work and services to begin shall be deemed an acceptance of these Standard
Provisions.
2. Project Fee: The Project Fee as presented in this Proposal anticipates that the Project will be completed within
one year from the date of the Proposal. In event that there is a delay, for any reason, the Engineer reserves the right to
adjust the price of the Contract to rates in use when the work is actually performed.
(a) Direct Personnel Expense is the direct salary of the employee and the cost of his or her mandatory and
customary contributions and benefits, such as employment taxes and other statutory employee benefits,
insurance, paid time off, holidays, and similar contributions and benefits.
(b) Reimbursable Expenses are in addition to compensation for Basic and Additional Services. These are expenses
incurred by the Engineer, its employees and authorized sub-Consultants in the interest of the Project, including
long distance calls, special handling and delivery (overnight), travel to include lodging and meals, and any
printing cost incurred by anyone other than the Engineer.
3. Payments of Services: Invoices will be submitted by the Engineer to the Client monthly for services performed
and expenses incurred pursuant to this Agreement during the prior month. When the Engineer's compensation is on a
lump sum fee basis, the statements will be based upon the portion of total services actually completed at the time of
billing. If the Engineer's compensation is on an hourly basis, the statements shall be based on time actually expended in
providing the services at the rates provided in Exhibit A. Payment of such invoice will be due upon receipt thereof. A
service charge will be added to delinquent accounts at the maximum rate allowed by law for each month of
delinquency. If the Client fails to make any payment due the Engineer for services and expenses within sixty days (60)
days after the Engineer's transmittal of its invoice, the Engineer may, therefore, after giving seven (7) days' written
notice to the Client, suspend services under this Agreement until it has been paid in full amounts due for services and
expenses. Any unpaid sums will remain due after termination. Should the Engineer be required to retain the services of
an attorney to tolled any unpaid sums (whether through demand, negotiations, in court through arbitration, and/or if
required by contract), the Engineer shall be entitled to court costs and reasonable attorneys' fees associated with the
collection effort regardless of whether or not suit is filed.
4. Non-Contingency: The Client acknowledges and agrees that the payment for services rendered and expenses
incurred by the Engineer pursuant to this Agreement is not subject to any contingency unless the same is expressly set
forth in this Agreement.
5. Estimates of Cost:
(a) Since the Engineer has no control over the cost of labor, materials, equipment, or other services furnished by
others, or over methods of determining prices, or over competitive bidding or market conditions, any and all
opinions as to costs rendered hereunder, including, but not limited to, opinions as to the costs of construction
materials, shall be made on the basis of its experience and qualifications and represent its best judgment as an
experienced and qualified professional engineer familiar with the construction industry; however, the Engineer
cannot and does not guarantee that proposals, bids, or actual costs will not vary from opinions or probable cost
prepared by it. If at any time the Client wishes greater assurance as to the amount of any cost, it shall employ
an independent cost estimator to make such determination. Engineering services required to bring costs within
any limitation established by the Client will be paid for as "Additional Services" hereunder by the Client.
(b) If a limit with respect to construction or other costs is established by written agreement between the Client and
the Engineer, the following will apply:
(i) The acceptance by the Client at any time during the performance of services hereunder of a revised opinion
of probable cost in excess of the then established cost limit will constitute a corresponding revision in the
previously agreed cost limit to the extent indicated in such revised opinion.
Miami Beach Mast Arm Relocation Proposal September 24, 2009
Mr. Oscar Bello, P.E. Page 5 of 8
(ii) Any cost limit so established will include a contingency of ten percent unless another amount is agreed upon
in writing.
(iii) The Engineer will be permitted to determine what materials, equipment, component systems and types of
construction are to be included in the drawings and specifications prepared by it pursuant hereto and to
make reasonable adjustments in the extent of the project to bring it within the cost limit.
(iv) If the bidding or negotiating phase of the project has not commenced within six (6) months after completion
of the Engineer's design hereunder, the established cost limit will not be binding on the Engineer, and the
client shall consent to an adjustment in such cost limit commensurate with any applicable change in the
general level or prices in the construction industry between the date of completion of the Engineer's designs
hereunder and the date on which proposals or bids are sought.
(v) If the lowest bona fide proposal or bid exceeds the established cost limit, the Client shall (1) give written
approval to increase such cost limit, (2) authorize negotiating or rebidding the project within a reasonable
time, or (3) cooperate in revising the project's extent or quality. In the case of (3), the Engineer shall, without
additional charge, modify the plans and specifications prepared by it hereunder as necessary to bring the
subject cost within the cost limit. The providing of such service will be the limit of the Engineer's responsibility
in this regard and, having done so, the Engineer shall be entitled to payment for services in accordance with
this Agreement.
6. Reuse of Documents: All documents, including, but not limited to, Drawings and Specifications prepared or
furnished by the Engineer (and the Engineer's independent professional associates and consultants) pursuant to this
Agreement are instruments of service in respect to the Project and the Engineer shall retain an ownership and property
interest therein whether or not the Project is completed. At its expense, the Client may make and retain copies for
information and reference in connection with the use and occupancy of the Project by the Client and others; however,
such documents are not intended or represented to be suitable for reuse by the Client or others on extensions of the
Project or on any other project. Client agrees that all documents of any nature furnished to Client or Client's agents or
designees, if not paid for, will be returned upon demand and will not be used by Client for any purpose whatsoever.
Client further agrees that under no circumstances shall any documents produced by the Engineer, pursuant to this
Agreement, be used at any location or for any project not expressly provided for in this Agreement without the written
permission of Engineer. Any reuse without written verification or adaptation by the Engineer for the specific purpose
intended will be at the Client's sole risk and without liability or legal exposure to the Engineer or to the Engineer's
independent professional associates or consultants, and the Client shall indemnify and hold harmless the Engineer and
the Engineer's independent associates or consultants from all claims, damages, losses, and expenses, including
attorne~/s fees arising out of or resulting there from. Any such verification or adaptation will entitle the Engineer to
further compensation at rates to be agreed upon by the Client and the Engineer.
7. Termination: The obligation to provide further services under this Agreement may be terminated by either
party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in accordance
with the terms hereof through no fault of the terminating party. In the event of any termination, all expenses subject to
reimbursement hereunder and other reasonable expenses incurred by the Engineer as a result of such termination are
due immediately. In the event the Engineer's compensation under this Agreement is a fixed fee, upon such termination,
the amount payable to the Engineer for services rendered will be determined using a proportional amount of the total
fee based on a ratio of the amount of work done, as reasonably determined by the Engineer, to the total amount of
work which was to have been performed, less prior partial payments, if any, which have been made.
8. Insurance: The Engineer is protected by Worker's Compensation insurance (and/or employer's liability
insurance) and general liability insurance for bodily injury and property damage and will furnish certificates of insurance
upon request. The Engineer agrees to hold the Client harmless from loss, damage, injury, or liability arising directly
from the negligent acts or omissions by the Engineer, its employees, agents, subcontractors, and their employees and
agents, but only to the extent that same is actually covered and paid under the foregoing policies of insurance. If the
Client requires increased insurance coverage, the Engineer will, if specifically directed by the Client, take out additional
insurance, if obtainable, at the Client's expense.
Miami Beach Mast Arm Relocation Proposal September 24, 2009
Mr. Oscar Bello, P.E. Page 6 of 8
9. Limitation of Liability: In performing its professional services hereunder, the Engineer will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the
same or similar locality. No other warranty, expresses or implied, is made or intended by the Engineer's undertaking
herein or its performance of services hereunder. It is agreed that, in accordance with and subject to the provisions of
the foregoing Paragraph (8), to the fullest extent permitted by law, and not withstanding any other provision of this
Agreement, the total liability, in the aggregate, of the Engineer and its officers, directors, partners, employees, agents,
and subconsultants, and any of them, to the Client and anyone claiming by, through, or under the Client, for any and all
claims, losses, costs, or damages of any nature whatsoever arising out of, resulting from, or in any way related to the
Project or the Agreement from any cause or causes, including, but not limited to, the negligence, professional errors or
omissions, strict liability, and/or breach of contract or warranty, express or implied, of the Engineer and its officers,
directors, employees, agents, orsub-consultants, or any of them, shall not exceed the total compensation received by
the Engineer under this Agreement, or the total amount of $50,000, whichever is less. Under no circumstances shall the
Engineer be liable for extra costs or other consequences due to changed conditions or for costs related to the failure of
the contractor or material men to install work in accordance with the plans and specifications.
10. Verification of Existing Conditions: Inasmuch as the renovation/rehabilitation of existing structures or design of
underground systems requires that certain assumptions be made by the Engineer regarding existing conditions, and
because some of these assumptions may not be verifiable without the Client's expending substantial sums of money,
the Client agrees to bear all costs, losses and expenses, including the cost of the Engineer's Additional Services, arising
from the discovery of unknown conditions, or from any deficiencies or inaccuracies in any information or
documentation furnished to the Engineer by the Client or any local or county agencies.
11. Permitting/Zoning: The Client is herein notified that several Miami Beach, Florida, and Federal environmental,
zoning, and regulatory permits may be required for this Project. Engineer will assist the Client in preparing these
permits at the Client's direction. However, the Client acknowledges that it has the responsibility for submitting
application and fees, obtaining, and abiding by all required permits. Furthermore, the Client holds the Engineer
harmless from any losses or liabilities resulting from such permitting or regulatory action.
12. Safety: Should the Engineer provide periodic observations or monitoring services at the job site during
construction, Client agrees that, in accordance with generally-accepted construction practices, the contractor will be
solely and completely responsible for working conditions on the job site, including safety of all persons and property
during the performance of the work and compliance with OSHA regulations, and that these requirements will apply
continuously and not be limited to normal working hours. Any monitoring of the contractor's procedures conducted by
the Engineer is not intended to include review of the adequacy of the contractor's safety measures in, on, adjacent to,
or near the construction site.
13. Indemnification: Inaddition, and notwithstanding any other provisions of this Agreement, the Client agrees, to
the fullest extent permitted by law, to indemnify and hold harmless the Engineer and its directors, employees, agents,
and sub-consultants from any against all damage, liability or cost, including reasonable attorneys' fees and defense
costs, arising out of or in any way connected with this Project or the performance by any of the parties above named of
the services under this Agreement, excepting only those damages, liabilities, or costs attributable to the sole negligence
or willful misconduct of the Engineer.
14. Construction Representation: Client agrees that the Engineer will not be expected to make exhaustive or
continuous on-site inspections but that periodic observations appropriate to the construction stage shall be performed.
It is further agreed that the Engineer will not assume responsibility for the contractor's means, methods, techniques,
sequences, or procedures of construction and it is understood that field services provided by the Engineer will not
relieve the contractor of its responsibilities for performing the work in accordance with the plans and specifications.
The words "supervision;' "inspection," or "control" are used to mean periodic observation of the work and the
conducting of tests by the Engineer to verify substantial compliance with the plans, specifications, and design concepts.
Continuous inspections by our employees do not mean that the Engineer is observing placement of all materials. "Full-
timeinspection" means that an employee of the Engineer has been assigned for eight-hour days during regular business
hours.
Miami Beach Mast Arm Relocation Proposal September 24, 2009
Mr. Oscar Bello, P.E. Page 7 of 8
15. Taxes: The purchaser of services described herein shall pay any and all applicable taxes in the manner and in
the amount as required bylaw whether these taxes are in effect at the date of this contract or if they become
applicable in the future.
16. Photographs: Photographs of any completed project embodying the services of the Engineer provided
hereunder maybe made by the Engineer, shall be considered as its property, and may be used by it for publication.
17. Assignment and Subcontracting: Nothing under this Agreement shall be construed to give any rights or benefits
in this Agreement to anyone other than the Client and the Engineer, and all duties and responsibilities undertaken
pursuant to this Agreement will be for the sole and exclusive benefit of the Client and the Engineer and not for the
benefit of any third parry. Neither the Client nor the Engineer shall assign, sublet, or transfer any rights under or
interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement
without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated
by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under
this Agreement. Nothing contained in this Paragraph shall prevent the Engineer from employing such independent
professional associates and consultants as the Engineer may deem appropriate to assist in the performance of services
hereunder.
18. Confidentiality: The Client hereby consents to the use and dissemination by the Engineer of photographs of the
Project and to the use by the Engineer of facts, data, and information obtained by the Engineer in the performance of
the services hereunder. Notwithstanding the foregoing, with respect to any facts, data, or information specifically
identified in writing by the Client, the Engineer shall use reasonable care to maintain the confidentiality of such
identified material.
19. Controlling Law and Venue: This Agreement shall be governed by the laws of the State of Florida, and any suit
or demand for arbitration (if required by contract) filed against the Engineer for anything related to its services covered
by this Agreement shall be filed in Miami-Dade County, Florida.
20. Binding Effect: This Agreement shall bind, and the benefits thereof shall inure to, the respective parties hereto,
their legal representatives, executors, administrators, successors, and assigns.
21. Merger; Amendment: This Agreement constitutes the entire Agreement between the Engineer and the Client,
and negotiations and oral understandings between the parties are merged herein. This Agreement can be
supplemented and/or amended only by a written document executed by both the Engineer and the Client.
22. Severability: Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction, shall be
ineffective to the extent of such prohibition or unenforceabiiity without invalidating the remaining provisions hereof or
affecting the validity or enforceability of such provision in any other jurisdiction.
Miami Beach Mast Arm Relocation Proposal
September 24, 2009
Mr. Oscar Bello, P.E. Page 8 of 8
EXHIBIT C- WORK AUTHORIZATION
Chen and Associates agrees with the above scope. BCC Engineering, Inc. is hereby authorized to proceed.
CHEN AND ASSOCIATES
Print:
BCC ENGINEERING, INC.
Print:
Title:
Date:
Titl
Date:
February 12, 2010
H. Keith Mizell, Capital Projects Coordinator
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Mr. Mizell:
KHA is pleased to present this letter agreement to the City of Miami Beach for
services related to the Drexel Avenue Signal Redesign. Attached herein is the
New World Symphony Drexel Avenue Service agreement executed between
KHA and New World Symphony on March 5, 2009; as well as KIIA's scope of
services for Drexel Avenue Redesign.
APPENDIX A - 1
SCOPE OF SERVICES
New World Symphony
TASK 14 - DREXEL SIGNAL MODIFICATION
The CONSULTANT will prepare signal modification plans for the intersection
of 17s' Street and Drexel Avenue in the City of Miami Beach. It is assumed that
the modification plan will convert the existing three (3) approach intersection
into a signalized pedestrian crossing. It is assumed that plan will include the
removal of one (1) signal pole assembly currently serving the northbound
approach. The plans will include signal head displays, loop detectors, pedestrian
features, and local controller phasing. Miami-Dade County will provide
controller timings. The plans will be based upon the survey previously
provided for a signal modification design at this intersection.
As part of the plans package, the CONSULTANT will develop a tabulation of
quantities and a pole schedule based upon the proposed signal head
configuration. It is assumed that Miami-Dade County mast arm standards will be
utilized for all pole designs/modifications. Mast arm structural analyses are not
included in this scope of services.
The CONSULTANT will submit the plans to the City of Miami Beach two (2)
times if necessary and response to one (1) set of comments. The
CONSULTANT will submit plans to Miami-Dade County two (2) times and
respond to one (1) set of comments. This scope of services assumed that all
roadway modification design including but not limited to pavement markings,
curb ramps, sidewalks, resurfacing, will be prepared by others. Furthermore, the
design files from these roadway modifications will be provided in CADD format
for incorporation in the signal modification design.
ADDITIONAL SERVICES
• Mast arm structural design
• Roadway modification design
• Permitting and regulatory assistance
• Construction phase services
• Additional revisions to the plans beyond the scope of services
• Attendance at meetings/conference calls.
SCHEDULE
CONSULTANT will provide our services in an expeditious and orderly manner
to meet the schedule mutually agreed to by the Client and the Consultant for the
various elements of the project.
FEE AND BILLING
CONSULTANT will accomplish the services outlined in Tasks 14 for the lump
sum fee outlined below.
Expenses for the project, which would include in-house duplicating, facsimile,
local mileage, telephone, postage, in-house blueprinting, word processing, and
cellular phone use, are included in the lump sum fee. Other reimbursable costs
including out-of--town travel and oversized printing and plots will be billed at
actual cost (1.0 times cost). No multiplier or percentages shall be added to any
direct reimbursable charge to the project.
In-house printing and plots will be billed for large size documents as follows:
• Regular bond plots $2.00 per page
Fees are payable with monthly billing based upon a percentage complete of lump
sum elements or for services actually accomplished for hourly rate elements.
Billing will be due and payable within 30 days. Unless otherwise noted.
Lump Sum Fees
Task Description Lumu Sum Fee
14 Drexel Signal Modification ........................................... $ 6,500.00
Total Lump Sum Fees ................................................ $6,500.00
THIS AGREEMENT made as of March 5 , 2009 , by and between New Campus II, LLC
(hereinafter referred to as "CLIENT"), and Kimley-Morn and Associates, Inc. a corporation
organized under the laws of the State of Florida (hereinafter referred to as "CONSULTANT").
WHEREAS, CLIENT has entered into an agreement with the City of Miami Beach, Florida dated
January 5, 2004 and an addendum to the agreement dated February 20, 2006 (collectively, the
"Development Agreement") which requires CLIENT to manage the development, design and
construction of the realignment of Drexel Avenue and certain other improvements ("Additional
Improvements") (hereinafter referred to as the "Project")and desires CONSULTANT to perform
certain Additional Improvements design engineering, permitting and construction observation
services assoaated therewith (hereinafter referred to as the "SERVICES"); and
WHEREAS, CONSULTANT has entered into an agreement with Gehry Partners, LLP dated
May 17, 2006 for civil engineering services for New World Symphony's Campus Expansion
project; and
WHEREAS, CONSULTANT has entered into an agreement with New Campus il, LLC dated
May 15, 2007 for a concept design of Drexel Avenue Realignment; and
WHEREAS, CONSULTANT is desirous of performing the SERVICES required; and
WHEREAS, CLIENT and CONSULTANT desire to enter into an agreement ("Agreement") to
cover the Services required as more particulady described hereinafter.
NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto agree as
follows:
ARTICLE 1
Scone of Services
1.1 A written definition of the SERVICES which will be performed by CONSULTANT is set
forth in Appendix A, Scope of Services, attached hereto and made a part hereof.
1.2 CONSULTANT will perform those SERVICES described in Appendix A in accordance
with all laws, regulations, and applicable codes and with the provisions of this
Agreement. CONSULTANT will complete the SERVICES in an expeditious and timely
manner.
1.3 CLIENT and CONSULTANT have generally agreed upon Project premises, schedules,
number and kinds of employees to be used by CONSULTANT for the purpose of
facilitating performance of the SERVICES, general agreement on accounting and other
procedures, the time of performance of CONSULTANT services and other related
matters.
ARTICLE 2
Client Responsibilities
Unless otherwise indicated in Appendix A, CLIENT will provide the following in a timely manner
and will not delay the SERVICES:
2.1 Designate in writing a person to act as CLIENT's representative with respect to
the SERVICES rendered under this Agreement. Such person and only such
person shall have complete authority to transmit instructions, receive
information, interpret and define CLIENT's policies and decisions with respect
to CONSULTANT's SERVICES for the Project.
2.2 Provide all criteria and full instructions to the extent reasonably expected of an
owner as to CLIENT's requirements for the Project.
2.3 Arrange for access and make all provisions for CONSULTANT to enter upon
public and private property upon reasonable notice, at reasonable times and
under reasonable conditions as required for CONSULTANT to perform
SERVICES under this Agreement.
2.4 Examine a[I studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by CONSULTANT and rendered in
writing decisions of a non-technical nature pertaining thereto within a
reasonable time so as not to delay the work of CONSULTANT.
2.6 Give prompt written notice to CONSULTANT whenever CLIENT observed or
otherwise becomes aware of any defect in the project.
ARTICLE 3
Compensation and Terms of Payment
3.1 The CLIENT shall compensate CONSULTANT for the SERVICES to be
performed under this Agreement in accordance with Appendix A or in the
absence of a stipulated sum, at an hourly not-to-exceed rate using the hourly
rates listed in Appendix B, Compensation, attached hereto and make a part
hereof.
3.2 CONSULTANT acknowledges and certifies that CONSULTANT has not
performed any services or incurred any cost for CLIENT, CLIENT'S architect,
Gehry Partners LLC, CLIENT'S Development Manager or the City of Miami
Beach, Florida for the Campus Expansion project, Pennsylvania Garage
project, Lincoln Park project or any other related project, that is not induded in
this Agreement or any agreement executed prior to the date of this Agreement.
ARTICLE 4
Client's Develo ment Mana er
4.1 Client has employed Hines Interests Limited Partnership as Client's
Development Manager for the Project.
ARTICLE 5
Intentionally Omitted
ARTICLE B
Ownership of Documents
6.1 CLIENT, the City of Miami Beach, Florida and CONSULTANT shall be
considered to be joint owners of all documents, drawings, plans, and
specifications prepared by CONSULTANT pursuant hereto, except those
documents comprising procedures and calculations proprietary to
CONSULTANT. From time to time when no longer needed by CONSULTANT,
and at the request of CLIENT, CONSULTANT shall tum over all files and
records containing information not proprietary to CONSULTANT and
accumulated by CONSULTANT in the pertormance of its duties hereunder,
except that CONSULTANT may keep copies of all of same for its permanent
files and records. Nothing contained in this paragraph shall be construed as
limiting or depriving CONSULTANT of Its rights to use its basic know-how and
skills to design or carry out other projects or work for itself or others, whether or
not such other projects or work are similar to the SERVICES to be performed
pursuant to this Agreement.
6.2 CONSULTANT acknowledges that fhe SERVICES performed in the attached
Appendix A Scope of Services and any use of related documents, drawings,
specifications, assumptions or conclusions by CONSULTANT is at the
CONSULTANT's sole risk and without liability or legal exposure to CLIENT.
ARTICLE 7
Indemni
7.1 CONSULTANT agrees to protect, indemnify and hold CLIENT and the City of
Miami Beach, Florida free and harmless from and against claims, liabilities,
demands and causes of action arising in favor of third parties, for personal
injuries, death, or damages to property, to the extent that the same arise out of
the negligence of CONSULTANT, its agents, servants and employees, while
engaged in the performance of SERVICES hereunder.
ARTICLE 8
Responsibility
8.1 CONSULTANT shall perform its duties hereunder on a professional efforts
basis, consistent with generally accepted industry standards. CONSULTANT
shall correct any defects to the extent arising out of its errors, omissions, or
negligence without additional cost to the CLIENT; provided, however, the
CLIENT agrees CONSULTANT's total liability for corrective work shall not
exceed the limits of the insurance to be provided pursuant to Article 9 of this
Agreement. CLIENT shall provide CONSULTANT with prompt written notice of
any defect promptly upon discovery and an opportunity to inspect the defect to
verify the cause thereto.
'~- . _--
8.2 CONSULTANT will respond to reasonable requests made by CLIENT and within
CONSULTANT's scope of services, within 2 business days and CONSULTANT
shall complete the subject matter of such request in accordance with the project
schedule described in Appendix A.
8.3 CONSULTANT's liabilities, obligations and responsibilities are exclusively those
expressly set forth in this Agreement, and no other liabilities, obligations and
responsibilities are either expressed or implied.
ARTICLE 9
Insurance
9.1 CONSULTANT shall provide, pay for, and maintain in force at all times during
the SERVICES to be performed, the following insurance:
9.1.1 Workers' Compensation Insurance as may be required by all state and federal
workers' compensation acts, the Federal Longshoremen's and Harbor Workers'
Compensation Act, the Outer Continental Shelf Act and such other acts as may
be applicable to the SERVICES performed hereunder.
9.1.2 General Liability Insurance covering liabilities for death and personal injury and
liabilities for loss of or damage to property with combined single limit of not less
than Two Million ($2,000,000.00) Dollars per occurrence.
9.1.3 Automobile Liability Insurance with a minimum of One Million ($1,000,000.06)
Dollars per occurrence coverage for both bodily Injury and property damage.
9.1.4 Professional Liability Insurance with limits of liability not less than Two Million
($2,000,000.00) Dollars per claim.
9.1.5 The CLIENT, its members, directors, officers employees, agents, and the City of
Miami Beach, Florida shall be named as additional insured on the General
Liability insurance.
ARTICLE 10
Miscellaneous
10.1 Assignment
CONSULTANT will not assign this Agreement without written approval of
CLIENT. CLIENT may assign this Agreement to the City of Miami Beach,
Florida at the City's request, without the consent of CONSULTANT provided
The City assumes CLIENT'S payment obligations, if any, on the date of
such assignment.
10.2 Record Keening and Audit
CLIENT shall have the right to inspect and audit CONSULTANT'S books,
n:cords and all associated documents relating to such costs. CONSULTANT
agrees to maintain records and associated documents for a period of three (3)
years from the end of the calendar year in which such costs were incurred and
to make such books and records available to CLIENT at all reasonable times
within the three (3) year period and for so long thereafter as any dispute
remains unresolved. CLIENT may photocopy or reproduce any such books and
records at its own expense.
10.3 Governing Law
The provisions of this Agreement shall be governed by the laws of the State of
Florida, unless stated otherwise.
10.4 A~orovals. Authorizations Notices
All notices authorized or required between the parties, or required by any of the
provisions herein shall be given in writing and shall be sent by certified mail,
return receipt requested, and deposited with an accepted postal service,
postage prepaid, and addressed to the party intended to receive it. Notices
may also be given by personal delivery or may be sent by facsimile to the party
intended to receive it with the sending party confirming the message by certified
mall in the same manner as provided above within ten (10) calendar days
thereafter, but said notice shall be deemed given on the date the facsimile is
sent. Notice shall tie addressed, mailed and delivered or faxed to the party to
whom the notice is given at the address shown herein, to wit:
CLIENT
New Campus II, LLC
541 Lincoln Road
Miami Beach, FL 33139
Attention: David J. Phillips
(305} 673-3330 x223 (T)
(305) 673-6749 {F)
with a copy to:
Steams Weaver Miller Weissler Aihadeff & Sitterson, PA
150 West Flagler Street, Suite 2200
Miami, FL 33130
Attention: E. Richard Alhadeff, Esq.
(305) 789-3395 (T)
(305) 789-3200 (F)
with a copy to:
Hines Interests Limited Partnership
Five Ravinia Drive
Atlanta, Georgia 30346
Attention: Michael Harrison
(770) 206-5300 (T)
(770} 206-5327 (F)
CONSULTANT
Kimley-Hom & Associates, Inc.
1691 Lincoln Road, Suite 400
Miami Beach, FL 33139
Attn: Aaron Buehler, P.E.
{305) 673-2025 (T)
(305)&73-4882 (F)
10.5
Entire Agreement
This Agreement constitutes the entire agreement between the parties hereto
and supersedes any oral or written understandings, proposals, or
communications heretofore entered into by or on account of the parties and
may not be changed, modified or amended except in writing signed by the
parties hereto. CONSULTANT acknowledges that the Project is owned by the
City of Miami Beach, Fbrida (the "City") and chat the City is a third party
beneficiary of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written.
ATTEST
,.~m
ATTEST
By:
CONSULTANT
Kimley-Hom and Associates, Inc.
(.k~.1G•I~u~-----~
By:
Vice President
CLIENT
NEW CAMPUS II, LLC
By.
en r V' a President
Ch ancialOfflcer