Amendment No. 12 CHEN MOORE & ASSOCIATES, INC. - 27X-3y
AMENDMENT AMENDMENT No. 12
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
CHEN MOORE &ASSOCIATES, INC. (FORMERLY CHEN AND ASSOCIATES, INC), DATED
SEPTEMBER 8, 2004, FOR THE CITY CENTER RIGHT OF WAY IMPROVEMENT PROJECT,
IN AN AMOUNT NOT-TO-EXCEED OF $150,122 PLUS $2,000 FOR REIMBURSABLE
EXPENSES; FOR EXTENDED CONSTRUCTION ADMINISTRATION AND RESIDENT
PROJECT REPRESENTATION, NEIGHBORHOOD NO.9A, CITY CENTER RIGHT OF WAY
NEIGHBORHOOD IMPROVEMENT PROJECT.
This Amendment No. 12 to the Agreement, made and entered this ffiday of Mardj, 2012,
by 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 MOORE 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 the Mayor and City Clerk to execute 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
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'h to 18'h 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 21st Street, between Park and Collins
Avenues; and 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 executed
Amendment No. 3 to the Agreement, for a not-to-exceed amount of $16,973, for the design of
bike lanes/routes within the 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 executed
Amendment No. 5 to the Agreement, for a not-to exceed amount of$23,935, for design revisions
to the Bid Package 913, 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
executed 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 Commission adopted Resolution No. 2009-
27159, approving Amendment No. 7 to the Agreement, in the amount of $580,424, for Resident
Project Representative (RPR) services for Bid Packages 9A and 96, during construction of the
Project; and
WHEREAS, on May 19, 2010, the Capital Improvement Projects (CIP) Office executed
Amendment No. 8 to the Agreement, for a not-to-exceed amount of 21,078, for design revisions
necessary for the re-design of 17`h Street, Pennsylvania Avenue, and Lincoln Lane North,
adjacent to the New World Symphony project, and
WHEREAS, on February 14, 2011, the Capital Improvement Projects (CIP) Office
executed Amendment No. 9 to the Agreement, for a not-to-exceed amount of$11,235, to provide
revisions to electrical drawings indicating service access points from Sound Space 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, on August 8, 2011, the Capital Improvement Projects (CIP) Office executed
Amendment No. 10 to the Agreement, for a not-to-exceed amount of $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;
and
WHEREAS, on September 28, 2011, the Capital Improvement Projects (CIP) Office
executed Amendment No. 11 to the Agreement, for the not-to-exceed amount of $6,181, for
additional professional services required to revise the design plans to reflect a wider pedestrian
crossing at 17'h Street and Drexel Avenue and roadway geometry changes at the intersections of
17`h Street and Pennsylvania Avenue; and 17'h Street and Convention Center Drive, resulting
from the proposed pedestrian signalization additions on 17th Street between Convention Center
Drive and Washington Avenue; and
WHEREAS, the Consultant has submitted a proposal for additional professional services
required due to a 122 day extension of time awarded to the contractor, M. Vila & Associates, Inc.
for approved change orders to the project; and
WHEREAS, the Consultant has submitted a proposal for additional professional services
required due to an additional 168 day extension of the project time due to the termination of the
contractor, M. Vila &Associates, Inc; and
WHEREAS, the total additional fee requested by the Consultant for the additional work
including reimbursables is $152,155; and
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. 12 to the Agreement, will revise the total contract sum to
a not-to-exceed total of$3,466,449.
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. 12.
2. MODIFICATIONS
The Agreement is amended to include and incorporate the additional work, as set forth in
Attachment 1, Schedule B, and Schedule C 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. 12.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 11 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
� LLt t L�x c" I
Robert Parcher, City Clerk Joig e Go ez, C � g er
0
ATTEST: CONSULTANT:
CHEN MOO AND ASSOCIATES, INC.
Secretary President
Print Name Print Name
0-/(
APPROVED AS TO WaW Herrera Bower
FORM & LANGUAGE Mayor
& EXECUTION
ttorn r1 Date
Attachment 1
SCOPE OF SERVICES
Basis of Scope:
The original contract for Bid Package 9A anticipated construction duration of 24 months. The
original Tasks under Task 4 Construction Administration Services need to be replenished to
cover the remaining time to complete the project. It is anticipated that the construction for Bid
Package 9A will be complete in approximately 6 months.
Task 4.3.1 — Requests for Information / Contract Document Clarification (RFIs / CDCs):
Consultant shall prepare a written response to RFIs which involves the interpretation of design
issues or design intent. In addition, the CONSULTANT may be requested by the City to prepare
and forward CDCs should certain items within the contract documents require clarification.
Task 4.6.1 — Field Observation Services: The Consultant shall provide specialty site visits by
various design disciplines (civil, electrical, and landscaping) on an as requested basis for final
acceptance or certification.
Task 5.8.1.1 — Resident Project Representative Services BP9A: The CONSULTANT shall
provide qualified, resident project representative to provide a 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 957 hours of field representation. Should
this level of effort be exceeded or decreased, an equitable adjustment shall be made
accordingly.
The CONSULTANT's field staff shall be on-site at all times when the Contractor is on the job, as
practicable. In addition, the CONSULTANT's level of effort is based upon the assumption that
the resident project representative shall monitor all Contractor work crews as specified by the
CONSULTANT in the contract document construction sequencing requirements.
In general, the CONSULTANT's resident project representative shall observe the construction of
the work and;
(a) CONSULTANT shall conduct on-site observations of the work in progress to
determine if the contract documents and permit requirements are being complied
with and to protect the CITY, through the CIP PROJECT COORDINATOR, against
Contractor work defects and deficiencies. CONSULTANT shall advise the CITY,
through the CIP PROJECT COORDINATOR, in writing, whenever work is
determined to not conform to the contract documents. The CONSULTANT's
observer shall attend all scheduled meeting with the Contractor.
(b) Maintain a daily log of work performed. The daily notes shall include records of when
the Contractor is on the job-site, 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 these 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
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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.
(d) Provide a photographic record of the construction, beginning with pre-construction
documentation and completing with post-construction photographs. Photographs
shall be digital snapshot type taken to define the progress of the project and shall be
labeled as to date, location, view, electronically filed by month, and signed by the
CONSULTANT.
(e) Review materials and workmanship of the project and report to CITY, through the
CIP PROJECT COORDINATOR, any deviations from the Contract Documents that
may come to the CONSULTANT's attention. Determine the acceptability of the work
and materials and make recommendations to CITY, through the CIP PROJECT
COORDINATOR, to reject items not meeting the requirements of the contract
documents.
(f) Check Contractor(s) material certifications and samples, verifying that delivered
materials match approved shop drawings.
(g) Field observe critical points in the construction process.
(h) 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.
(i) CONSULTANT shall verify and sign off on all pay requisition quantities in the field.
CONSULTANT shall develop a Field Measurement Form and utilize such form as
verification of pay requisition items. In this effort the CONSULTANT shall advise the
CIP PROJECT COORDINATOR of quantities being approved for concurrence.
(j) Monitor that record drawing mark-ups are properly maintained by the Contractor,
including progressive record drawings and rock as-builts.
(k) The CONSULTANT's resident project representative shall coordinate with its office
staff as necessary to resolve / address all Requests for Information / Contract
Document Clarifications / Field Orders, Change Orders and other such project
related correspondence as may be forwarded by the Contractor, through the CIP
PROJECT COORDINATOR.
If Contractor's work schedule requires RPR 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 Schedule B.
Deliverables- Provide resident project representation on the project.
- Prepare Daily Construction Observation Forms.
- Review and recommend payment for monthly contractor pay requests.
- Process invoices for independent testing laboratories.
- Provide photographic records.
- Prepare responses for RFI's and prepare Field Orders.
- Conduct reviews and responses to Change Orders.
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- Prepare response for dispute resolutions.
- Conduct reviews and recommendation for claims.
Schedule - Ongoing throughout Project.
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