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Amendment N. 3 with Chen & Associates, Inc. aov 270 AMENDMENT No. 3 y TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH FLORIDA AND CHEN &ASSOCIATES, INC. DATED MARCH 18, 20099 FOR THE SUNSET ISLANDS I & 11 NEIGHBORHOOD RIGHT-OF-WAY INPROVEMENT PROJECT, SAID AMENDMENT IN AN AMOUNT NOT-TO-EXCEED $24,620.00; TO PROVIDE ADDITIONAL DESIGN AND PERMITTING FOR A 12" WATERMAIN UPGRADE , FOR REPLACEMENT OF OUTFALL NO. 11 AND FOR ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES K This Amendment No. 3 to the Agreement, made and entered this day of 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 AND ASSOCIATES, INC, a Florida Corporation, having its offices at 500 Cypress Creek Road, Suite 410, 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 u 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, 2011, the City 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, 2012, the contract amount was reduced by $90,000 to transfer Resident Project Representative services to Schwebke-Shiskin&Associates, Inc; and WHEREAS the reduction of 90 000 revised h contract amount o 170 097.00• and $ the t acta tt $ , WHEREAS, on March 20, 2012, the City approved Amendment No. 2 to the Agreement, for a not-to-exceed amount of $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; and WHEREAS, on August 8, 2012, the Consultant revised the plans to include a 12" watermain segment of approximately 210 linear feet which is outside of the original scope of work; and WHEREAS, on August 28, 2012, the Consultant was required to attend additional weekly meetings due to an extension of time of 28 days which was awarded to the contractor for approved change orders; and { t 4' '} WHEREAS, on September 7, 2012, the Consultant revised the plans to include the v . design for replacement of Outfall No. 11; and 55 t` WHEREAS, the consultant has submitted a proposal for additional professional services associated with the additional scope of work; and r. WHEREAS, the total additional fee requested by the Consultant for the additional work is $24,620.00; and N 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. 3 to the Agreement will revise the total contract sum to a not-to-exceed total of$216,790.00. NOW. THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 3. 2. MODIFICATIONS ti The Agreement is amended to include and incorporate the additional work, as set forth in Schedules A and B, attached hereto. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 3. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. t ATTEST: •e�•�'' "C� IAMI BEACH, FLORIDA Rafael Oranado, City Cler l ok , Interim City Manager ATT �C -..... ANT: 26c RE AND ASSOCIATES, INC. retary Pre)7 nt Print Name Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION: __:; j2o ), lit., C rney to Il miamibeach1526 lfiles\CAPl1$all\Project Files\Bayshore E - Sunset Islands 1 & 21Chen_Correspondence\Sunset Islands Amendment No.3.docx J'• `=f EXHIBIT A AMENDMENT NO.3 SUNSET ISLAND NO. I & II SCOPE OF SERVICES iz Basis of Scope: iF The original Tasks under Task 4 Construction Administration Services need to be replenished to cover the 26 day extension of time awarded to the contractor. 2 Schedule "A"entitled, "Scope of Services", is amended as follows: r Task 4.2.1 — Additional Construction Meetings: Consultant shall attend weekly construction meetings with the Contractor(s), and applicable CITY representatives for the approved additional time. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals and contract document clarifications and interpretations. These meetings shall also serve as a forum for discussion of construction issues, potential changes /conflicts and any other applicable matters. 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 FOR on an as requested basis for final acceptance or certification. Task 5.6—Additional Design Services—Additional Watermain Replacement Design: As provided by CITY staff, the CITY would like to include additional watermain replacement within the Sunset Islands 1 & 2 Bid Package 8E project which will require additional design efforts. The additional proposed watermain replacement segments are to be located at the right- of-way located along the frontage road of the rear-serviced homes and are generally described below: 1. Watermain replacement segments on Sunset Island No. 2 between W. 27'h Street and existing 10" watermain near the bridge(Approx. 210 LF). The CONSULTANT shall provide professional services, in accordance with the base scope of services, for the design of additional watermain as listed above. This task is limited to the design of additional watermain replacement only. The CITY will provide additional funding to support these improvements into the project construction budget at a future date. Professional services to be provided by the CONSULTANT shall include: • Perform design of additional watermain replacements as identified above. Basis of Scope: The above scope was prepared based on the following assumptions: i 1 L n l�$ l• • Incorporating the additional watermain into the BODR via Addendum is not included. E� • Surveying or identifying all conflicts with watermain is not included. • CITY will be responsible for coordinating conflict removals as required. • Proposed watermain will be shown on plan view only. Profile plans are not included. Task,5.7—Additional Design Services—Replacement of Outfall No. 11: PR As requested by staff, the CITY would like to replace, by open trench, the existing outfall located at the southwest corner of Island No. 2. The CONSULTANT shall provide professional services, in accordance with the base scope of services, for the design of the outfall. CONSULTANT will prepare construction documents for pricing by existing Contractor. The CITY will provide additional funding to support these improvements into the project construction budget. Basis of Scope: The above scope was prepared based on the following assumptions: • Environmental studies are excluded from this proposal. • Incorporating the outfall into the BODR via Addendum is not included. • Surveying or identifying conflicts with new outfall is not included. • CONSULTANT assumes that existing encroachments will be removed ry N C:1 Users MhellolDoctttttenu\Proposals\2011%imni HeacIASS1 Scope of Senpice Amendment 3_091312.docr r r ' e S f i !OO OI :J i � I I I I , co O:N O'O w , aD �e� •0001 tO�O {p, J UJ o1.YR` I -..�- ..�... tj W d V ce U. ?'rT t {ow ,- � ff W U*S _ -- ?: LL.0 = E .us g i Wig. N . y. I o uk Lu "i } IItJ y zy g �N• 7,p1 I Q� t oi �� o : IoEO 30 I I