Amendment 2 - Chen & Associates ZoO?— ,27 v3,(
AMENDMENT No. 2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
CHEN & ASSOCIATES, INC. DATED MARCH 18, 2009,
FOR THE SUNSET ISLANDS I & II NEIGHBORHOOD RIGHT -OF -WAY
INPROVEMENT PROJECT, SAID AMENDMENT IN AN AMOUNT NOT -TO- EXCEED
$22,073:.00; TO PROVIDE REVISIONS TO ORIGINAL PLANS INDICATING ROAD
WIDENING, DESIGN AND PERMITTING, ADDITIONAL FIELD VERIFICATION OF
EXISTING CONDITIONS, AND DERM TREE REMOVAL PERMIT
This Amendment No. 2 to the Agreement, made and entered this day of WQrc� L2012,
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 AND ASSOCIATES, INC, a
Florida Corporation, having its offices at 500 Cypress Creek Road, Suite Fort . Lauderdale,
Florida 33309 (hereinafter referred to as the Consultant).
RECITALS
WHEREAS, on March 18, 2009, the Mayor and. City Commission authorized the
execution of an Agreement between the City of Miami Beach and Chen & Associates, Inc.
(Consultant), for a not -to- exceed amount of $239,340, for the re- design, bid and award, and
construction management services for the Sunset Islands I & II Bayshore Neighborhood 8E
right -of -way improvement project (the Project); and
WHEREAS, the Project includes improvements to the stormwater system, valley gutter
curb upgrades, outfall reconstruction, watermain replacement, and road. resurfacing and
reconstruction; and
WHEREAS, on November 16, 201 1, 'the Capital Improvement Projects (CIP) Office
approved Amendment No. 1 to the Agreement, for a not -to- exceed amount of $20,757.00, for
the design of additional watermains outside of the original scope.of work of the project; and
WHEREAS, on February 15, 2011 the residents of Sunset Islands 1 & 2 voted in favor
of maintaining the existing roadway directions within both islands; and
WHEREAS, on March 11, 2011, the Consultant revised the plans to incorporate the final
roadway design; and
WHEREAS, the revised roadway design required additional field verification of the
existing conditions; and
WHEREAS, a DERM Tree removal permit is required for the project which_ is outside of
the original scope of work and
WHEREAS, the consultant has submitted a proposal for additional professional services
associated with the additional scope of work; and
WHEREAS, the total additional fee requested by the Consultant for the additional work
is $22,073.00; and
WHEREAS, City staff have evaluated the Consultant's cost proposal and are in
agreement that the proposal is reasonable; and
WHEREAS, additional funds have been appropriated within the capital budget for the
additional design work; and
WHEREAS, this Amendment No. 2 to the Agreement will revise the total contract sum to
a not -to- exceed total of $282,170.00.
NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above ' recitals are true and correct-and are incorporated as a part of this
Amendment No. 2.
2. MODIFICATIONS F
The Agreement is amended to include and incorporate the additional work, as set forth 1
in Schedules A and B, attached hereto.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
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4. RATIFICATION.
The City and Consultant ratify the terms of the . Agreement, as amended by this
Amendment No. 2.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed
in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
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Robert Parcher, City Clerk rg 64—G ' onz ity,94anager !
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ATTEST CONSULTANT: !
CHEN MO AND ASSOCIATES, INC
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Secretary Preside f.
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Print Name Print Name
APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION:
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r APft$aI to ey Date l \Project Files \Sunset Islands 1 & 2 \Sunset Islands Amendment No. 2.doc .
SCHEDULE "A"
SUNSET ISLAND NO. I & II
SCOPE OF SERVICES
Schedule "A" entitled, "Scope of Services ", is amended as follows:
ADD the following under TASK 5 — ADDITIONAL SERVICES:
"Task 5.2 — Additional Design Services — Roadwav Widening Design and
Permitting
As required by the City of Miami Beach Public Works Department and Miami -Dade
Traffic Engineering, Sunset Islands 1 & 2 Bid Package No. 8E project will require
additional design efforts to address widening existing roadways. At the direction of
Miami -Dade, nine (9) feet wide travel lanes are only acceptable as part of a two -lane 18
ft. wide local road. Nine (9) feet travel lanes are not acceptable as per the Florida
Greenbook as a single lane. A single lane can be 10 feet wide minimum, excluding the
valley gutters. Valley gutters cannot be considered part of the travel lane. Existing
dimensions for two -way lane roads are approximately 17 feet wide (9 total streets) and
approximately 16 feet wide (7 total streets).
Roadway width was discussed during negotiation meetings and the CITY directed the
CONSULTANT to maintain existing roadway widths. Effort to widen existing roadway
widths was not included in the original scope of services.
The CONSULTANT shall provide professional services, in accordance with the base
scope of services, for the design of the wider roadway. This task is limited to the design
to incorporate wider roadways including updating the affected sheets. This work will
impact at least 63 sheets. It is anticipated that the CONSULTANT will include the design
contract documents for these improvements in its Bid Package No. 8E contract
documents set. The CITY will provide additional funding to support the additional work
into the project construction budget at a future date.
Professional services to be provided by the CONSULTANT shall include:
• Perform detailed design of wider roadways and revise affected sheets.
• Incorporate the detailed design and cost estimate into the contract documents for
Bid Package No. 8E for the Permit Set submittal.
• Bid / Award services are assumed to be included within the base scope of services
as it is the CITY's opinion that this additional work does not represent a material
impact to the project from this perspective.
Basis of Scope:
The above scope was prepared based on the following assumptions:
• Incorporating the wider roadways into the BODR via Addendum is not included.
• CITY will be responsible for coordinating conflict removals as required.
The additional work is inclusive of widening existing roadway pavement for the
use of vehicles only. This scope does not include providing ADAipedestrian
walking routes, sidewalks, or ramps.
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Deliverables:
• Perform detailed design and prepare revised construction documents.
• .Provide six (6) half size (11 "x17 ") copies of construction plans to CITY at Permit
Set and 100% design stages.
• Prepare applications and appropriate documents to include additional work and
respond to regulatory agency comments
Schedule:
• Additional design will commence upon notification of Notice to Proceed (NTP)
by the CITY.
• Permit Set design stage documents will be completed within 21 calendar days of
receipt of the CITY's. NTP.
100% design stage documents will be completed with 14 calendar days of receipt
of final regulatory agency / CITY comments:
Fee:
• This additional service will be completed for a lump sum fee of $7,215. C &A will
invoice the City on a monthly basis based on the percentage complete.
Task 5.3 - Field Verification of Existing Conditions:
The CONSULTANT shall collect field data of the existing encroachments within the
right of way areas to be impacted by construction activities due to the widening of the
roadway:
The CONSULTANT shall locate and identify existing surface improvements /
topographic features that are visible along the corridor that would be impacted by the
construction activity. Corridors to be assessed include all CITY public rights -of -way
within the Sunset Island No. 1 & 2 outside roadways (i.e. North View Drive, West 28 t1 '
Street, Lake Avenue, West 27` Street, West Bay Road, and West 25`' Street).
Basis of Scope:
The above scope was prepared based on the following assumptions:
• The existing encroachments could be existing utilities owned by third party utility
companies. Chen and Associates will make every effort to coordinate with these
companies, however any construction delays caused by these utility companies
should not be held against Chen and Associates.
• CITY will be responsible for coordinating encroachment removals as required.
Deliverables:
• Perform field verification work as noted and incorporate existing encroachments
into the construction plans.
Fee:
• This additional service will be completed for a lump sum fee of 53,223. C &A will
invoice the City on a monthly basis based on the percentage complete.
Task 5.=1 — DERM Tree Remo` Permit:
The CONSULTANT shall conduct a field visit to identify existing trees within the
project right -o way. For the purposes of the DERM Tree Removal Permit. a tree is
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defined as "any woody or fibrous perennial plant having a minimum trunk DBH
(Diameter at Breast Height measured at 4 % feet above ground) of three inches or greater
or with an Over All Height (OAR) of twelve or more feet. Existing trees within the
project right -of -way will be identified on the design plans by identifying number
correlated to a matrix to describe the characteristics, of each existing tree including:
identification number, species (botanical name /common name), DBH (Diameter at. Breast
Height), Over All Height (OAH), Canopy, to be removed/relocated /remain and condition
of the tree. Existing "regular- sized" trees scheduled for removal, with the exception of
exempt or prohibited species, will be proposed to be replaced with an equal amount
(100 %) of tree canopy on the design plans. Existing `.`specimen - sized" trees will be
proposed to be replaced with double (200 %) canopy replacement on the design plans. A
tree relocation plan will be prepared, if necessary, for the relocation of any existing trees.
The CONSULTANT shall prepare a DERM Tree Removal Permit application form.and
submit the application and supporting documentation to the DERM Tree Program for
review. All application, review and permit fees will be provided by the CITY. The
CONSULTANT will coordinate with DERM Tree Program staff and respond to up to
one (1) request for additional information during processing of the Tree Removal Permit.
Basis of Scope:
The above scope was prepared based on the following assumptions:
• The City of Miami Beach will identify off -site locations for tree mitigation should
replacement trees not feasible within the project area.
Defiverables:
• Conduct a field visit to identify existing trees within the project right -of -way.
Prepare DERM Tree Removal Approval and supporting documents to secure.
permit.
Fee:
This additional service will be completed for a lump sum fee of $11,634. C &A will
invoice the City on a monthly basis based on the percentage complete"
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