HomeMy WebLinkAboutAmendment No. 4 to Agreement with CHEN and Associates 005-aS_5?0 Z
AMENDMENT NO. 4
TO THE PROFESSIONAL ARCHITECTURAL
AND ENGINEERING (A/ E) SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
CHEN AND ASSOCIATES, INC, DATED MAY '18, 2005,
IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $24,977, FOR ADDITIONAL
CONSTRUCTION ADMINISTRATION SERVICES, FOR THE SOUTH POINTE PHASE III, IV
AND V RIGHT OF WAY NEIGHBORHOOD IMPROVEMENT PROJECT, WITH PREVIOUSLY
APPROPRIATED FUNDING AVAILABLE FROM SOUTH POINTE CAPITAL FUND 389.
This Amendment No. 4 to the Agreement made and entered this .30 day of SeRkN46kt, 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 the 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, on May 18, 2005, the Mayor and City Commission approved Resolution No.
2005-25902, authorizing the execution of an A/E Agreement with Chen and Associates, Inc.
(Consultant), in a not-to-exceed amount of $2,017,009, to provide urban design, architecture,
landscape architecture, engineering and construction administration services for the South Pointe
Phase 111, IV, and V, Right-of-Way(ROW)Neighborhood Improvement Project pursuant to RFQ No.
08-03/04 (the Project); and
WHEREAS,on August 23, 2005,the Consultantwas issued the Notice to Proceed(NTP)for
the planning phase of the Project; and
WHEREAS,on April 11, 2006, pursuant to Resolution No.2006-26172,the City Commission
approved and officially adopted the Basis of Design Report (BODR) for the Project, and the
Consultant was then given authorization to proceed with the design phase of the Project; and
WHEREAS,on March 14,2007,the City Commission approved Resolution No.2007-26477,
authorizing Amendment No. 1 to the Agreement to design bike lanes along Alton Road, from 5th
Street to South Pointe Drive, and along Ocean Drive,south of 5th Street, in the amount of$73,256;
and
WHEREAS, on September 9, 2009, the City Commission approved Resolution No. 2007-
27160, authorizing Amendment No. 2 to the Agreement, for additional design services for the re-
construction of roadways and alleyways;the stormwater collection and disposal system at alleyways
and"hot spots";and additional water main replacements, in the amount of$94,320, plus$13,000 for
reimbursables, for a total of$107,320; and
WHEREAS, on October 25, 2011, the Administration approved Amendment No.3 to the
Agreement, in an amount not-to-exceed $22,286, for the additional design services for the Alton
Road Triangle; two-waying of Jefferson Avenue; South Pointe Drive Landscape redesign; and
additional Planning Services; and
WHEREAS, the Project contractor has exceeded his contractual Time which runs
concurrently with the Consultants Construction Administration Services for the project, and it will be
necessary to extend the Consultants services through December 30, 2013; and
J
WHEREAS,the overall fee being requested by the Consultant for the extended Construction
Administration Services is $24,977; and
WHEREAS,the Administration recommends the approval of the attached Amendment No.4
to the Agreement, in an amount not-to-exceed $24,977, for the additional Construction
Administration Services; and
WHEREAS,the following Amendment No.4, increases the total Agreement fee by$24,977
for a total fee of$2,244,848.
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. 4.
2. MODIFICATIONS
The Agreement is amended to provide the additional services as set forth in Schedule"A-3",
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 per this Amendment No. 4.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.4 to be executed in
their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY OF MIAMjBEA , FLORIDA
hG r B
Rafael E. Granado, City Clergy Jimmy Moral s, City Manager
ATTEST: CONSULTANT:
CHEN D ASSOCIATES, INC.
B
Secretary: Pr dent
CC' ✓ f2--�Q (� 719-4e#- 1 . A4®ate
Print Name Print Name
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
~ Date
"tome)(
SCHEDULE "A-3"
SCOPE OF SERVICES
Task 4.2.1 —Weekly Construction Meetings:
The CONSULTANT shall attend weekly construction meetings with the Contractor(s), and
applicable CITY representatives for the duration of the construction.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.The meetings may
include site visits to visually observe / address construction related concerns that may result from
discussion during the construction meeting.The Consultants estimates weekly construction meetings
thru December 2013
Deliverables: Attend and participate in weekly construction progress meetings
Schedule: Weekly through December 2013
Task 4.3.1 —Requests for Information/Contract Document Clarification (RFIs/CDCs):
Whenever an RFI involves the interpretation of design issues or design intent,the CITY will forward
the RFI to the CONSULTANT, who shall prepare a written response in a timely matter and return it
to the CITY. In addition,the CONSULTANT may be requested by the CITY to prepare and forward
CDCs should certain items within the contract documents require clarification.
Deliverables: Respond to those RFI's that involve design interpretations and return to
CITY. Issue CDCs as required.
Schedule: On-going through December 2013
Task 4.4.1 —Requests for Changes to Construction Cost and/or Schedule:
Requests may be the result of unforeseen conditions, interferences identified by the Contractor(s)
during the routine progress of work, inadvertent omissions (betterment) issues in the contract
documents, permitting requirements that arise after the contract award, and/or additional
improvements requested by the CITY. Regardless of the source, the PROGRAM MANAGER will
evaluate the general merit of the request, as well as perform a cursory review of the potential impact
of the change in terms of project cost and schedule. The PROGRAM MANAGER will also forward
the request to the CONSULTANT,who shall provide a written opinion as to the merit/value of the
request. It is understood that no legal claims assistance or support services are inferred by the work
effort noted under this Task.
Deliverables: Perform independent review of request for cost increase and/or time
extension.
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Cl UserslobellolDocuments!Chen I Projects lSouth Pointe lAddendumSlSouth Pointe-Scope torAdditional CM Services.doc
Coordinate and participate in meetings, as required, with the CITY and
Contractor to resolve and/or negotiate the equitable resolution of request.
Provide written opinion and/or recommendation upon request.
Prepare change order documentation in CITY directed format
Schedule: On-going through December 2013
Task 4.6.1 —Field Observation Services:
The CITY will provide field staff to observe the construction of the work. The CONSULTANT shall
provide specialty site visits by various design disciplines(civil,electrical,landscaping,etc...)on an as
requested basis. For the purposes of this scope of services, it is assumed that monthly specialty site
visits are included for the duration thru December 2013.
Deliverables: Attend and participate in specialty site visits at the request of the CITY
Schedule: On-going through December 2013
l
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