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Amendment 9 1131)1 ao }. /1 3o AMENDMENT NO. 9 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A/E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND EAC CONSULTING, INC. DATED JULY 27, 2005 FOR THE PROVISION OF PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE BISCAYNE POINT RIGHT -OF -WAY INFRASTRUCTURE IMPROVEMENT PROJECT. This Amendment No. 9 to h above r r n 'A 1 . the efe a ced greement is made and entered this day of &ro13t9 . , 2011, 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 the City), and EAC Consulting, Inc. a Florida Corporation, having its principal office at 815 NW 57 Avenue, Suite 402, Miami, Florida, 33126 ,(hereinafter referred to as the Consultant): RECITALS: WHEREAS, on July 27, 2005, the Mayor and City Commission adopted Resolution No. 2005 - 25973, approving and authorizing the Mayor and City Clerk to execute an Agreement with the Consultant for Professional Architectural and Engineering Services for the Biscayne Point Neighborhood Right -of -Way (ROW) Improvement Project (the Project); and WHEREAS, the Agreement provides for the planning design, bidding: and award, construction administration, and reimbursables for the Project; and WHEREAS, the Agreement was executed in the amount of $1,186,807; and WHEREAS, on March 6, 2006, the Mayor and City. Commission. approved Resolution No. 2006- 26133, approving Amendment. No: 1 to the Agreement, in the amount of $129,325, for professional services for the design, permitting and construction of an additional 11,000 linear feet of water main infrastructure required by the City's Public Works Department; and WHEREAS, on January 6, 2009', Amendment No.' 2 to the Agreement was approved, in the amount of $24,924, for additional storm water system modeling services; and WHEREAS, on January 28, 2009; the Mayor and City Commission approved Resolution No. 2009 - 26979, approving Amendment No. 3 to the Agreement, in.the amount of $27,000, for additional professional services for the inclusion of Pavement Markings and Signage drawings which were not included in the original design; and WHEREAS, on, September 9, 2009, the Mayor and City Commission adopted Resolution .No. 2009- 27191,. modifying the approved Basis of Design Report (BODR) to change the' design of Stillwater Drive, the 77 Street entryway, provide improvements to the Tatum Waterway Bridge, and provide additional neighborhood signage; and Biscayne Point Amendment No. 9 Page 2 of 4 WHEREAS, on December 9, 2009, the Mayor and City Commission approved Resolution No. 2009- 27257, approving Amendment. No.. 4 to the Agreement, in the amount of $113,984, for additional professional services to design storm water pump stations; and WHEREAS, on December 9, 2009; the Mayor and .City Commission also approved . Resolution No. 2009- 27258, approving Amendment No. 5 to the Agreement, in the amount of $75,664, for additional design and construction administration services for . the redesign of Stillwater Drive (as per the revised BODR requirements addressed in Resolution No. 2009 - 27191); and WHEREAS, on January 28, 2011, Amendment No. 6 was administratively approved by the City Manager, in the amount of $3,522, for additional services to investigate, assess, and recommend alternative swale reinforcement methodologies to be utilized along Stillwater Drive; and WHEREAS, on January 28, 201`1,. Amendment No: 7 was administratively approved by the City Manager, in the amount of $7,251, for additional services to*conduct an assessment of existing seagrasses, conduct and evaluate salinity readings, and provide a report of findings for areas near the Project's storm water outfalls as requested by the Miami -Dade County, Department of Environmental Resources Management (DERM) for the. Class 11 Permit; and WHEREAS, on February 28, 2011, Amendment No. 8 was administratively approved by the City Manager, in the amount of $24,974, for additional services to provide the design and construction administration services for 'the Project's irrigation design as requested by the City's Parks and Recreation Department; and WHEREAS, the following Amendment No. 9, in the amount of $367,930, is for value engineering' services, additional construction administration services, and Resident Project Representation.(RPR) services for a period of up to twenty -four months. 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 9. 2. MODIFICATIONS The Agreement is amended to include the additional terms and conditions outlined in Exhibit "A" and the additionalr professional services for the Project to provide value engineering services, additional construction administration services, and Resident Project Representation (RPR) services for a period of, up to twenty -four months for the. Project, as described in EAC's proposal, dated March 2, 2011, attached as Exhibit "B" to this Amendment.: 3. OTHER PROVISIONS All other provisions of the Agreement remain. unchanged. Biscayne Point Amendment No. 9 Page 3 of 4 4. RATIFICATION The City and Consultant ratify the terms of the Agreement, as per this Amendment No. 9. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 9, to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY.OF -MIAMI BEACH {. AIIA City Clerk Mayo _. Robert Parcher. Matti errera Bower ATTEST: CONSULTAN EAC CON G C. Secretary ' Preside Ev U.e (A Co o k--s n i e C40(f l� s Print Na a Print Nam ATTACHMENTS: Exhibit A Exhibit B . _ t° � t'z •�:� 4" 1�, y .ir :% .. 1 ". SE6 5 "^r re. � _y s fi _,-' 3" � 1 � Y i a ..;5 4"� _ � r ^�-. ;i f Y . - � ...,,,�.j -;i SE '1t I : ly a E45.�.., y�1/� , i A"OVED M TO FORM & LANGUAG 46F CUTION Dam • E EXHIBIT A A. SCOPE OF SERVICES SCHEDULE A, "Scope of Services ", of the PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A/E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH (CITY) AND EAC. CONSULTING, INC. (EAC), dated July 27, 2005, is amended as follows: ADD the. following under TASK 5 - ADDITIONAL SERVICES SUBTASK 5.09 -VALUE ENGINEERING, ADDITIONAL CONSTRUCTION ADMINISTRATION, AND RESIDENT PROJECT REPRESENTATIVE (RPR) SERVICES . .Subtask 5.09.1 Value Engineering Services: These additional services shall be as delineated in Task 1 of attached Exhibit B. j . Subtask 5.09.2 — Additional Construction Administration Services: These additional services shall be as delineated in Task 2 of attached Exhibit B. Subtask 5.09.3 — Resident Project Representative (RPR) Services (20 months): These additional services shall be as delineated in Task 3 of attached Exhibit B. Subtask 5.09.4 — Additional RPR Services (4 months): These additional services shall be as delineated in Task 4 of attached Exhibit B. B. TIME OF COMPLETION Additional design services contemplated by this Amendment shall be provided during the ..construction of the project and shall be completed once the project has been, closed out. C. PAYMENT AND COMPENSATION The method of calculating fees for the aforementioned A/E additional services shall be as outlined in Article 7 of the Agreement. Original Contract Value $1,186,807 Amendment No. 1 $129,325 Amendment No. 2 $24,924 Amendment No. 3 $27,000 Amendment No. .4 $113 Amendment No. 5 $75,664 Amendment No. 6 $3,522 Amendment No. 7 . $7,251 Amendment No. 8 $24,974 Amendment No. 9 $367,930 Total Revised Contract Value: $1,9610381- .i EAC .Co Inc &0 . 2 - - 2011 Revised llrfarch 3t�.'201 t Janette:Fernandoz Arencibia, P,E.;- r Capital Projec #s Coordi bat or City of Miap)i 8Be ch: Capital „Improvements Otfce 1700`Convelion Center Drive: : . Miami Beach, FL 33<139 Re. Biscayne P oin t Neighborhood li Wa tructure Improvements ~`P ect :Supplemental Professional Post Design ;Services: Dear M' Arencibia - Pursuant to discussions wi #h our staff re(at to ost d' n services and` additicna ( n1is ceNaneoils tasks .as ... g A ....e. Y .w... .. .» r.M..... :,...•. a..xi '( b +*Dx.' ' ro m. d:. ei?s,,; •S.+w .v.mY+ -r ” n,w ...,:: >,:i..' :. required to supplement' : t he construction; contract. package, please find. as :follows; ,anticipated` as s and coirespond�ng fee proposal s required to erform the: re us�te work Please note. that this fiasks.and services { P q are no #included in' :our current onginal scope of servicesilco trac #.;with the CiS, Miami -Beach Qt r se "rvices on this: su lemer tal scope .of services wi(( require, " the following: - i pp . Task 1 Value •Engineering. Co ©rdinatior, Review, Revisions and Permitting This service ``�ncludes all the civil engineering , analyses, assessment; verifca #ion and: in�restigatary tasks reouire_d to, ascertain the - men , and bene#i of: the value en ineerin rocess` :en a ed rior ,,..�.�. g g p 9 9 P to the commencement.of constructi i! activities We enusion that at the: conclusion of the° value; en ineeri roce EAC will rov i g g`. P P recommendations to the City. regard�r_, the decisions attained through the process x Task 2 CA Services Retating PumA Sfatioris •. Design This includes standard construction i admmistratians.seruices related to thepump stations designed :for'the:starm water management foc Priority Basn142,, The pump stations work was not included''in "the base. scope /contract and he' design for the f stations was a roved :as a su lemental desi n on service: in December 2009 Due to u cumin % .. p. 9 , Pp pp 9 curls #ruct%on a ctivities and the extent, of work required .to: construct the .stat it .is `recommendetl that: adequatecoristruction administration w services be pei formed by EAC Censulting, Incas Engineer of .Record'. .: �: Task .3 Full' Time' `RPR Servcces' for 2Q months Construction Duration This ro'ect's ;construction ,. must be. extremely ;:sensitive t ' the• concerns. of the residents raf the 'Neighborhood Understanding the histo of'the ro eet':and knowled a 'of decisions: directions taken as art of th e d eli n. rocess will. be ke ry P. 1 9 p g: p y ` to ensuring that the construction, occurs seamlessly with minimum impact to the concerns, of ,the residents:, 11. Through ;the provision of Resident Project Representative (RPR} services on the project, EAC gill be able :.to= p , with ,the`'eontnut #hat the ro ect deserves.be tle'desi n tease and the:canstructior' rovide tine City y p 1 9_ P 4 phase. The RP Rts responsibilities shall include the following. W i Be present at the :construction site ; daily r ;urging: the construction, phase of tl�e project is .:Provide d etailed ` Weekly and Monthly reports to the City /CIP as..it relates tocoristruction; 4 •activities; progress, incidents and issues:that have occurred on the .construction, s rte., 11 Y Attend , all construction; protect meetings, both formal and: informal between ,the successful: contractor and the City: These meetings will OccurAnforma(Iy on a weekly basis, and formally on:a i . biweekly.: basis They will serve as forums to. discuss any schedulez and :or cost ;concerns; as to resolve problems before they'become critical; Review avid familiarize himself /herself with th yConstru lion Schedule. Monitor ;Constructi Sched e.risure adherence to The con tractor: w be :resquired t . i• schedule to the RPR at:the pre construction meeting This.schedule will be :reviewed., d' approve I. d; i, by the. Citylt.I Nand :RPR. This ;scheduI& wily be `updated in "6y weekly basis. The RPR. wi(I be responsible far' reviewing the .contactor's schedule - to 'confirm accuracy of the work activities: 815`N�N'57_Averiue; Suite 402 Miami FL`:33126'` Phone: "305- 264 -2557 ax..30,5 -264. X363 4 wwweaccorsult.com t CA 7011' i 7. j completed Analysis of.`the contractor scledul will:be on the basis. of , pl a nned Versus actual cos #s ;for ;the month and;`contract to date. 'The RPR ill continuously review the cor�tactor's performance, report status, check for variance or 1. delays and. recommend wor- arpoa. aril adjustment that can be initiated to get.the contractor ack- ;. xon schedule; =and or within budget:. Quality control d "ur�ng :corisfruction will .be the responsit il�ty of the contrac but oversight and ensuring th'e Contractor complies :with- applicable junsdictionaI'.constructon standards �neluding. ro er marzdato rotocols �+iill be:enforced on the Ci s behalf'b the RP;R. �� y i The RPR , ,will review Nand ;monitor the. Contract e adherence to .�an acceptable quality control pro ram submitted b the Contractor rior to commencement of construction: This... ro ram will is g Y p p 9 describe, "in. detail, they contact oes quality control, org procedures .docume rift ation arid` i proeesses :for each. phase :of the worle; for which :the .contractor to: ens 'compliance with. tie approved gi`ality:control plan:; The RPR - .will ins ect both work in , ro `ress;;and :comp feted 'work n a ai . ..... rr ......._...... M _. : , . _ p ... � . ,o . d y abases !n addt�on.,to M assuring quality_-workmanshp m ;accordance with the econtraot. documents, the RPR y�rill record quantity `o# 'work place, and will proiiitle :daily documen #anon. of cons truction operat�oris arid' i. activities: - The :RPR will complete all necessary close out, and construction completion forms an documentation in coordination. with City . IP fo r the=project. The RPR .will liaise daii. or enodical! Frith the Cit lClP :and report on concerns, as it�relates to the; Y P. Y Y i construction effort and activities Task 4 - 'Opfional Service. - Atlit`tonal RPR Services for 4 months 'Constractian Duration A s stated': previously this project's m j . be- e tremely sensctive to the,ecor terns of the reside of the Neighborhood. e Although -the project construction phase has�beera estimated to, be 20 months, ;there may ebe a need .to extend the cons striact on:duratiorie du- fo unforeseen reasons.. Accordingly, we have � Aed in. this proposal the need to extend RPR services for add'itior�al 4 man #hs of construction, The services to b,e: rovided as, art of the RPR.work are -a,b' previously outlined: p s noted previously, these tasks detailed above constitute a varianceefrom the;..establ�sf ed .Basfs;of Design BODR 1 coiitractuai o liga tioris, of E46 Consu ing lt, � Inc. and as such;. our epo to undertake the requisite i rwork is consistent, uwth the ity's to compensate. for. worktdone nor to be performed .in add 6' hi torn e: established Basic Scope of Seervices Pleaset firitl attached our fee proposal tabulation consistent with the scope- of work;itemized move. 1 _ . Please ::forward to eus amendment.to our `current ` tract, and Notice-to Proceed NTP as we will re uire these (: ). q.,; docurnents to :commencing andlor finalizing this scope of services: Sig re y,. EA C` t in G Itt1i�' elf P;E. . C vi! En ermg Manager C.' File l - . . t •.,lj lloim t ri. 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