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Home My WebLink AboutAmendment No. 5- CHEN AND ASSOCIATES, iNC. CV OdS--a5-?a2r . AMENDMENT NO. 5 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 $24,150, 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. 5 to the Agreement made and entered this day of Nrc , 2014, 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 III, 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 Consultant was 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, on September 30, 2013,the Administration approved Amendment No.4 to the Agreement, in an amount not-to-exceed $24,977, for additional additional Construction Administration Services for the project; and WHEREAS, the Project contractor has exceeded the 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 June 30, 2014; and WHEREAS,the overall fee being requested by the Consultant for the extended Construction Administration Services is $24,150; and WHEREAS,the Administration recommends the approval of the attached Amendment No.5 to the Agreement, in an amount not-to-exceed $24,150, for the additional Construction Administration Services; and WHEREAS,the following Amendment No. 5, increases the total Agreement fee by$24,150, for a total fee of$2,268,998. 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. 5. 2. MODIFICATIONS The Agreement is amended to provide the additional services as set forth in Schedule"A-5", 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. 5. IN WITNESS WHEREOF,the parties hereto have caused this Amendment No. 5 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEA H, FLORIDA B Rafael E. ranado, City Clerk Jimm . Mor I es, City Manager ATTEST: CONS LTANT: CHEN AND ASSOCIATES, INC. By: Secretary: President I Ir Print Name Print Name TO FORM&LANGUAGE &&-FOR ECUTION ., ti --�" it Attorney Date SCHEDULE "A-5" SCOPE OF SERVICES Task 4.2.1.1 —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, 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 for up to 2 months. Deliverables: Attend and participate in weekly construction progress meetings Schedule: Weekly Task 4.3.1.1 — 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 BFI's that involve design interpretations and return to CITY. Issue CDCs as required. Schedule: On-going for up to 6 months COMPENSATION • Original Agreement amount $2,017,009. • Amendment No. 1 (Design services for the installation of bike lanes/routes) amount $73,256. • Amendment No. 2 (Design services for the reconstruction of roadways and alleyways, stormwater collection and disposal system at alleyways and drainage "hot spots", and additional water main replacements)amount$94,320, plus an additional amount of$13,000, for approved reimbursables. • Amendment No. 3 (Design services for improvements to 3rd Street, east of Washington Avenue, and to improve the Alton road triangle amount$13,142, plus an additional amount of$10,000, for survey and reimbursables. • Amendment No. 4 (Additional Construction Administration Services through December 2013), in the amount of$24,977. • Amendment No. 5(Additional Construction Administration Services through April 2014), in the amount of$24,977. • Revised Agreement amount$2,268,998. r N cm 00 0 0)LO r N T N �- fR Efl ff? O F. 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