HomeMy WebLinkAboutAmendment 14 to PSA with Chen Moore & Associates $2,144,773 . aooy-aS��B
AMENDMENT No. 14
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$24,640; FOR EXTENDED CONSTRUCTION
ADMINISTRATION AND RESIDENT PROJECT REPRESENTATION SERVICES FOR
NEIGHBORHOOD NO. 9C, CITY CENTER RIGHT OF WAY NEIGHBORHOOD
IMPROVEMENT PROJECT.
This Amendment No. 14 to the Agreement, made and entered this AeAiay of ZZekw 2013,
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. 68-02103, 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`h 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 171'to 18w 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 2151 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 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
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"' Street and Drexel Avenue and roadway geometry changes at the intersections of
17'h Street and Pennsylvania Avenue; and 17'x' Street and Convention Center Drive, resulting
from the proposed pedestrian signalization additions on 17th Street between Convention Center
Drive and Washington Avenue; and
WHEREAS, on February 8, 2012, the City Commission adopted Resolution No. 2012-
27834, approving Amendment No. 12 to the Agreement, in an amount not-to-exceed $152,155,
for extended Construction Administration and Resident Project Representation Services (RPR)
during construction of the project; and
WHEREAS, on March 13, 2013, the City Commission adopted Resolution No. 2013--28161
approving Amendment No. 13 to the Agreement, in an amount not-to-exceed $147,044;for
additional professional services required for the City Center 9A Project; and
WHEREAS, the Consultant has submitted a proposal for additional professional services
required due to extensions of time required as a result of to the Contractor's default on the City
Center 9C Project; and
WHEREAS, the total additional fee requested by the Consultant for the additional work is
$24,640.03; 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. 14 to the Agreement, will revise the total contract sum to
a not-to-exceed total of$3,638,133
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. 14.
2. MODIFICATIONS
The Agreement is amended to include and incorporate the additional work, as set forth in
Attachment 1 and Schedule 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. 14.
IN WITNESS WHEREOF, the es hereto have caused this Amendment No. 14 to be executed
in their names by their du 0. ; icials as of the date frst set forth above.
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ATTEST: `� Cl Y OF MIAM EACH, FLORIDA
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INCORf' ORATED'
Rafae Granado, Cityc •... ;` J my L. orates, City Manager
C NSULT T
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C EN O RE AND ASSOCIATES, INC.
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Print Name Print qame
APPROVED AS TO
FORM & LANGUAGE
6FOR EXECUTION
ity orneO6 Date
AMENDMENT NO. 14
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 4 months.
Schedule "A"entitled, "Scope of Services", is amended as follows:
Please add the following Task 5.10.6.1 to the existing scope of services:
"Task 5.10.6.1 — Additional Construction Administration 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 four (4) months
for Bid Package 9C 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) 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.
(c) 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.
(d) Check Contractors' material certifications and samples, verifying that delivered
materials match approved shop drawings.
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(e) 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.
(f) 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.
(g) 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.
(h) 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 specialty visits.
- Review and prepare responses for monthly contractor pay requests.
- Prepare responses for RFI's and prepare Field Orders.
Schedule - Ongoing throughout Project."
C:\Users\obell o\Docur nenrs\C1ren\Projects\Aliatni Beach\Ciry Center 9CV JOd 1 S Ciry Center-Scape jar Anrendmenr XX(CM CC9C).doc
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