HomeMy WebLinkAboutAmendment 10 l
AMENDMENT No. 10
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 $25,000; FOR ADDITIONAL.
PROFESSIONAL SERVICES NECESSARY FOR RESIDENT PROJECT REPRESENTATIVE
(RPR) AND SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES, FOR
LINCOLN ROAD BETWEEN WASHINGTON AVENUE AND COLLINS AVENUE
NEIGHBORHOOD NO. 9C, CITY CENTER RIGHT OF WAY NEIGHBORHOOD IMPROVEMENT
PROJECT.
This Amendment No. 10 to the Agreement', made and entered this �*ay of (A u�2011, by
. 9
and between the CITY OF MIAMI BEACH, a Municipal Corporation existing under 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 500 W. Cypress Creek Road, Suite 410, fort Lauderdale, Florida 33309
(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
r the Mayor and City Clerk to execution an Agreement with Chen and Associates, Inc. (Consultant), in a -
not -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 lmprovernent Project
(the Project); and
WHEREAS, the Project includes improvements to the stormwater system, water system,
roadways, streetscape, landscaping, traffic calming, pedestrian lighting, gand links eswithin.the
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right -of -ways; and
WHEREAS, the Project limits are bounded by 161h St reet 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 th 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 21 St 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 (GIP) Office executed
Amendment No. 3 to the Agreement, for a not -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 a not -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 -a not -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 September 9, 2009, the City approved Amendment No. 7 by Resolution No. 2009-
.27159, in the amount of $580,424, for resident project representative services for Bid Packages 9A
and 913, during construction of the project; and
WHEREAS, on May 19, 2010, the Capital Improvement Projects. (CIP) Office approved'
Amendment No. 8 to ,the Agreement, for a not-to-'exceed amount of_21,078, for design, revisions
necessary for the redesign of 17 Street, Pennsylvania Avenue, and Lincoln Lane North adjacent to
the New World Symphony project; and
WHEREAS, on Febrary.14, 2011 the Capital Improvement. Projects (CIP) Office approved
Amendment No. 9 to the Agreement, fora not -to- exceed amountof $11,235, including reimbursables;
to provide revisions to electrical drawings indicating service access points from Lincoln .Park and
additional services for preparation of a stormwater model to be used to establish existing conditions
and determine future stormwater design and collection on Lincoln -Road; and
WHEREAS, the consultant has submitted a proposal for additional professional services
necessary for Resident Project Representative (RPR) and supplemental Construction Administration
services, for Lincoln Road between Washington Avenue and. Collins Avenue, Neighborhood No. 9C,
City Center Right of Way Neighborhood Improvement Project; and
WHEREAS, the total additional fee requested by the Consultant for the additional work is
$25,000; and l
WHEREAS, the Capital improvement Project Office has evaluated the Consultant's cost
proposal and are in agreement that the. proposal is reasonable; and
WHEREAS, this Amendment No. 10 to the Agreement, will revise the total contract sum to a
not -to- exceed total of $3,308,113.
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.
10.'
2. MODIFICATIONS
The Agreement is amended to include and incorporate the additional work, as set forth in
Schedule "A -10 ", attached hereto.
3. OTHER PROVISIONS.
All other provisions of Agreement, as amended, are unchanged.
4. RATIFICATION.
The`City and Consultant ratify the terms.of the Agreement, as amended by this Amendment
No. 10.
s t
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 10 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
Robert 'Parcher, City Clerk Jor a nz Hager
AT CONSU NT:
CHEN D ASSOCI ,.INC
Secretary Presi
Print Name Print Name
APPROVED AS ro
FORM & LANGUAGE
& FOR "ECUTION
City Attorn *, Date
SCHEDULE "A -10"
SCOPE OF SERVICES
ADDITIONAL DESIGN SERVICES FOR CITY CENTER RIGHT OF WAY
INFRASTRUCTURE IMPROVEMENT PROJECT
SERVICES DURING CONSTRUCTION
CITY CENTER — NEIGHBORHOOD NO. 9C
Basis of Scope:
• It is anticipated that the construction timeframes for Bid Package 9C will be 6 months.
Schedule "A =10" entitled,, "Scope of Services ", is amended as follows:
Please add the following Tasks to the existing scope of services:
"Task 5.10.1 - Pre- Construction Conference:
CONSULTANT shall attend and conduct a Pre - Construction Conference for the City Center 9C
Project. The purpose of the meeting shall be to coordinate between CONSULTANT, CITY and
CONTRACTOR, as well as have the CONSULTANT provide a brief overview of the WORK, in
conjunction with the CONTRACTOR'S presentation of an overview of the .anticipated construction
phasing, conditions to be expected, and other issues that may be of concern to the CITY.
Deliverables: = Coordinate and participate in the Pre - Construction Conference.
Schedule: Following the issuance of the first Construction Notice to Proceed (NTP).
Task 5.10.2 - Weekly Construction Meetings
The CONSULTANT shall attend and participate in construction progress meetings with the
CONTRACTOR, various sub - contractors, material suppliers, CITY staff, and applicable utility
r
owners /agencies, and /or representatives assigned to the Project as appropriate. The construction
progress meetings will typically, be held at the Project site, : or other location determined by the
City's Project Coordinator.
Task 5.10.3 - Requests for Information /Contract Document Clarification (RFI's I CDCs)
The CONSULTANT shall process RFIs /CDCs, and prepare a response within Seven (7) days for
the; CONSULTANTS, and fourteen (14) days for the Sub - Consultants, and return it to the
Contractor, with copies to the CITY. The- CONSULTANT may also be requested by the CITY to
provide written CDCs should certain items within the Contract Documents require clarification, or
may be handled via Field Directives.
Deliverables: - Maintain Request for Information and Contract Document Clarification,= and -
participate in review of documents as appropriate.
Schedule: Ongoing throughout the project construction duration of 6 months.
Page 1 of 4
Task 5.10.4 — bequests for Changes to Construction Cost and /or Schedule:
The CONSULTANT will receive and evaluate the" scope of work related with requests for project
cost and /or schedule changes from the Contractor and /or CITY.' Changes may be the result of
unforeseen conditions; interferences identified by the Contractor during the routine progress of the
work; errors; inadvertent omissions (betterment) issues; requests by regulatory agencies; or
additional improvements requested by the CITY or CONSULTANT after the Project' award date.
The CONSULTANT will evaluate the merit of the -claim as well as the impact of the potential
change in terms of the .project .cost, and schedule. CONSULTANT w.ill' review 'change order
requests"with the -CITY. No claim assistance services are included under this task.
Deliverables: Perform independent review of scope of work related with request for cost increase
and /or time extension.
- Coordinate and participate in meetings, with CITY and CONTRACTOR to resolve
and /or negotiate the equitable resolution of request.
- Coordinate change order documentation.
Schedule: - Ongoing throughout the project construction duration of 6 ,months.
Task 5:10.5 — Processing of Shop Drawings:
CONSULTANT will receive and distribute shop drawings to the various design disciplines (civil,
landscaping, and electrical) for review. The CONSULTANT shall havefourteen (14) calendar days
from -the time. of receipt in - its office, to review and return shop :drawings to. CONTRACTOR and
CITY.
Deliverables: = Receive, Review, distribute, and return shop drawings to the CONTRACTOR as
appropriate.
.Schedule: - Ongoing throughout the project construction duration of _6 . months.
Task 5.10.6 - FOR Field Inspection Services:
The CONSULTANT shall provide specialty site inspections by the various design disciplines (civil,
landscaping, and electrical) on an as .needed basis throughout the construction, in order to ensure
that the work is being installed in accordance with the Construction Documents. For the purpose of
this scope of services, it is assumed that a total of seventeen (17) specialty site inspections are
included.
Deliverables: Provide up to seventeen:(17) specialty site visits as appropriate.
Schedule: - Ongoing throughout the project construction duration of 6 months:
Task 5.10.7 —Project, Closeout:
Upon receiving notice from the Contractor(s) advising 'the CONSULTANT that the project is
substantially complete,. CONSULTANT, in conjunction with appropriate CITY shall schedule and
conduct an overview of the project. The overview shall include CONSULTANT'S development of
a "punch list" of items needing completion or correction prior to consideration of final acceptance.
The list shall be "forwarded, to the Contractor. For the purposes of, this "provision, substantial
completion shall be deemed to be the stage in construction of the project where the project can be
utilized for the purposes for which it was intended, and, where minor items not be fully completed,
Page 2 of 4
but all items that affect the operational integrity and function of the project are capable of
continuous use. Substantial Completion criteria shall be as specified. by the CONSULTANT in its
contract documents, and shall also address the startup of warranties accordingly.
Upon notification from Contractor(s) that all remaining ``punch list" items have been resolved, the
CONSULTANT, in conjunction with appropriate. CITY, shall perform a final review of.the finished
project.. Based on . successful completion of all outstanding work items by the Contractor., the
CONSULTANT shall assist CITY in closing out the construction contract. This shall include
providing recommendations concerning acceptance of the project and preparing / collecting
necessary documentation, including, 'lien waivers, Contractor's final affidavit, close -out, change
orders, and. processing of the final payment application.
Deliverables: Receive Contractor substantial completion notification:
- Coordinate and attend field meetings to review Substantial Completion.
- Prepare and verify that punch lists are completed.
- Certify project completion to appropriate agencies.
Schedule: Upon notification of Substantial Completion, Final completion, and Close -out.
'Task 5.10.8 — RPR Services:
The CONSULTANT shall provide a- qualified field professional to provide an adequate quantity
and quality of observation as required to reasonably verify that critical elements of the
construction project are being complied with, and that the general intent of the contract .
documents is being -met. In this effort, CONSULTANT's level of effort shall be based upon a
period of up to six (6) months for Bid Package 9C (96 hours) of .field representation and office
construction administration support. Should this level of effort be exceeded or decreased, an
equitable. adjustment shall be made accordingly.
In general, the CONSULTANT's -field professional shall observe the .construction of. the work
and;
(a) Conduct on -site observations of the work in progress to assist in determining if the
provisions .of the Contract Documents and.permit conditions are being fulfilled and to
reasonably protect the CITY against defects, and deficiencies in the work of the
Contractor. CONSULTANT shall - report, to the CITY in writing, whenever it is
believed that work is unsatisfactory, faulty or defective and / or does not conform to
the contract documents, does not- meet the requirements of inspections, tests, or has
been damaged prior to final payment.
(b) Maintain a. field visit 'log of work observed. The notes shall include records of
weather conditions, change orders, or changed conditions, list of job site visitors,
daily drilling and testing- activities, observations in general, and specific observations
in more detail as - in the case of observing test procedures. 'Record, in writing, the
outcome of inspections. CONSULTANT shall identify any utilities damaged
and verify that the Contractor (s) has notified the respective utility owner.
(c) Verify that tests, equipment and systems start -up are conducted in the presence of
appropriate personnel and that the Contractor maintains adequate records thereof; and
observe, record, and report appropriate details relative.to the test procedures and start
up
Page 3 of .4
(d) Review materials and workmanship of the projects and report to CITY any deviations
from. the Contract Documents that may .come to the ' CONSULTANT's attention.
Determine the acceptability of the work and materials and make recommendation to
'CITY to reject items not meeting the requirements of the contract documents.
(e) Check Contractors' material certifications and samples, verifying that delivered
materials match approved shop - drawings.
(f) Direct and supervise the sampling and testing of materials to be performed by
independent testing laboratories under subcontract to the CITY. This task includes the
receipt, review and processing of invoices from the independent testing laboratories
for- payment by the CITY.
(g) CONSULTANT shall verify and sign off on all pay requisition quantities in the field.
In this effort the CONSULTANT shall advise the CITY of quantities being approved
for concurrence.
(h) Monitor that record drawing mark -ups are properly maintained by the Contractor, ;
including progressive record drawings and rock as- builts.
(i) The CONSULTANT's field personnel shall -have suitable training, understanding of
the Project, and authorization, to address, process, . evaluate, recommend, respond to,
review and issue Requests for Information, Contract Document .Clarifications, Field
Orders,- Change Order, requests for Proposals and other such Project contraction
related correspondence and documents - as may be forwarded by the Contactor, or
requested for issuance as -the Project needs dictate. In this effort, Office Support may
be provided by CONSULTANT on an as- needed basis.
0) The CONSULTANT shall perform independent reviews for the Change Orders and
provide a written opinion as to the merit / value of such items to the CITY. It is
understood that no legal claims assistance or support services are inferred by the, work
effort noted under this .Task:
If Contractor'.s work schedule requires field personnel to visit the site outside of normal work
schedule, CONSULTANT -will be entitled to an equitable adjustment accordingly, based on the
hourly rates set in the Schedule B..
Deliverables: - Provide field observation services during the construction phase.
- Review and prepare responses for monthly contractor pay requests.
Schedule: - Ongoing throughout Project construction duration 6 months."
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Page 4 of 4
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