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HomeMy WebLinkAboutAmendment 1 Hargreaves Assoc. AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA ' ': ~ ! /':i~"~''~'t~'~' :'HARGREAVES ASSOCIATES, INC., DATED JANUAR¥12,;"200~:' =~ "!:::'!! :"'~ (THE AGREEMENT); ::: "'"~ FOR AD DITIONAL PROFESSIONAL ARCHITECTU RE AN D ....... · :::':' ENGINEERING (A/E) SERVICES ASSOCIATED WITH THE COMPLETION OF THE DESIGN PHASE, PERMIT RO~,E~, BID AND AWARD (AS APPLICABLE), PROJECT COST REVIEW, AND CON.RUCTION ADMINISTRACTION SERVICES PURSUANT TO REQUEST FOR Q[JALIFiCATIoNS NO. 39-03/04 FOR THE SOUTH POINTE PARK IMPROVEMENT PROJECT. This Amendment No. 1, dated as of Oc7'o,~eltl. ~ 2005, to that certain Agreement 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 Hargreaves Associates, Inc., a California corporation, having its principal office at 398 Kansas St., San Francisco, California, 94103 (hereinafter referred to as Consultant). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 39-03/04, the'Mayor and City Commission adopted Resolution No. 2005-25789, on January 12, 2005, approving and authorizing the Mayor and City Clerk to execute an Agreement with the Consultant, in the amount of $328,505, limited to the planning of the South Pointe Park Improvement Project (the Project); and WHEREAS, the planning phase has been completed by the Consultant; and WHEREAS, on July 27, 2005, the Mayor and City Commission approved the Basis of Design Report (BODR) for the Project, pursuant to Resolution No. 2005-25978, and further approved the option to negotiate with the Related Group.(TRG) relative to the completion of design, construction documents, and construction of the Project, at cost, without overhead fees, as stated in the Alaska Parcel Settlement Agreement; and WHEREAS, an appropriation of funds, in the amount of $14,130,000, was approved by the Mayor and City Commission and the Chairman and Members of the Miami Beach Redevelopment Agency, pursuant to Resolution No. 2005-25978 and Resolution No. 512-2005, respectively, for the completion of the design and construction of the Project; and WHEREAS, in approving the BODR and the appropriation, the City can now proceed with the design development, construction documents, bidding and award (as applicable), and construction phases of the Project; and WHEREAS, as the Agreement was limited to the planning phase if the Project, the City and the Consultant hereby agree to execute the foregoing Amendment No. 1 to the Agreement, to include additional professional services required for the completion of the Project's design phase, permit process, bidding and award phase (as applicable), cost review, and construction administration; and WHEREAS, RFQ No. 39-03/04 contemplated and allows for the parties entering into and executing the foregoing Amendment No. 1; and WHEREAS, Amendment No. 1 increases the total Agreement fee by $1,322,373.00, for a total fee of $1,650,878.00. 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: . No. 1. ABOVE RECITALS The above recitals are true and correct and are incorporated, as part of this Amendment 2. MODIFICATIONS The Agreement is hereby amended to add Additional Professional Services, as described in Schedule "A-I", entitled "Scope of Services /. Compensation for Additional Services" attached hereto. . OTHER PROVISIONS All other provisions of the Agreement are unchanged. 4. RATIFICATION The City and Consultant ratify the terms of the Agreement, as modified by this Amendment No. 1. IN WITNES WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by duly authorized officials as of/th~ d~ r~ first set forth above. ATTEST: . JCi~ t pF/MiAMi BEACH/ I / CITY CLERK ~.~ , v MAYOR Robert Parcher David Dermer CONSULTANT ATTEST: HARGREAVES ASSOCIATES, INC. Secr~ Print Name APPROVED A~ TO FORM & LANGUAGE SCHEDULE "A-I" TO AMENDMENT NO. 1 SCOPE OF SERVICES / COMPENSATION FOR ADDITIONAL SERVICES SOUTH POINTE PARK IMPROVEMENT PROJECT 1. SCHEDULE "A" ENTITLED, "SCOPE OF SERVICES", IS AMENDED TO INCLUDE THE FOLLOWING SERVICES (NOT INCLUDED AS PART OF THE ORIGINAL AGREEMENT, DATED JANUARY 12, 2005, BY AND BETWEEN THE CITY OF MIAMI BEACH, FLORIDA, AND HARGREAVES ASSOCIATES, INC.): Detailed design services (Task 2). Refer to detailed description below and Schedule "B-I" attached. Bidding and Award services (Task 3), as applicable. Refer to detailed description below and Schedule "B-I" attached. Construction Administration services (Task 4). Refer to detailed description below and Schedule "B-I" attached. SCOPE OF SERVICES TASK 2 - DESIGN SERVICES The purpose of this Task is to establish requirements for the preparation of contract documents for the Project. TASK 2 is amended to include the following sub-tasks: Task 2.2 - Detailed Desiqn: The CONSULTANT shall prepare all contract documents in compliance with City's design standards and specifications. Technical specifications shall be prepared in conformance with Construction Specifications Institute (CSI) formats. The CONSULTANT shall refrain from amending FDOT, or other reference standard specifications, for inclusion in the detail design documents. The CONSULTANT shall provide additional sections that the CONSULTANT may require, not already provided through the CITY standards, subject to review and comment by the CITY. Any supplier listings required by specifications shall include a minimum of two named supplier's and shall meet all applicable CITY and State of Florida procurement codes. Specifications shall be provided to the CONSULTANT in "Microsoft MS-Word" format. In addition, the CONSULTANT shall use the same software in all Project related work. In addition, the CONSULTANT shall utilize base front-end documents provided by the CITY. Page I of 16 Exhibit A-1 to Amendment No. 1 Hargreaves The CONSULTANT shall edit accordingly to result in a Project specific document. Any requirements for Supplementary General Conditions shall be subject to review and acceptance by the CITY. The CONSULTANT shall attend monthly Design Progress Meetings with CITY and/or any other applicable staff. The CONSULTANT shall submit monthly invoice requests for its services, accompanied by a design progress schedule update form as requested by the CITY. Invoices shall be prepared in a format as provided by the CITY. Should the CITY determine that the CONSULTANT has fallen behind schedule; the CONSULTANT shall provide a recovery schedule that shall accelerate work to get back on schedule. For purposes of this Scope of Services, the following will be considered the minimum effort to be provided by the CONSULTANT for establishing detail design milestone submittals. Note that CITY review procedures, and CONSULTANT responsibilities associated with such, are discussed under Task 2.3: The DEP Permit Package stage milestone shall consist of tl~e completed survey / base map work as identified in Task 2.1 with all proposed improvements identified in approved BODR illustrated in plan view at a scale of 1-inch equals 30 feet. A Key map shall also be provided on all sheets that illustrates the relationship between the drawings and their respective location within the project area. This set of documents will be used to permit the project through the Department of Environmental Protection Agency (DEP) to initiate the necessary permitting process and adhere with the project's schedule. The 100 % (Construction Document Package) document submittal package, however, will be used to finalize the permit process through all other applicable governmental authorities (refer to Task-2.7). The Pricing Package Stage milestone shall also consist of plan and profile views of all proposed improvements, with all applicable sections and construction details. Note that the respective profile for each plan shall be included on the same sheet. In addition, a reduced scale key map shall be provided on each sheet to allow the reviewer a simple means to locate the applicable work. Prior to the preparation of the Pricing Package Stage drawings, the CONSULTANT shall incorporate changes to its Page 2 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves design based upon its underground utility verification efforts and review comments received, as noted in Task 2.3 below. In addition, the CONSULTANT shall include draft technical specifications and a draft schedule of prices bid (bid form) identifying the items to be bid by the prospective contractors with the submittal. Also, this submittal shall include the CONSULTANT's "Budget" level opinion of probable cost as defined by the American Association of Cost Engineers. It is important to note that as a part of the Pricing Package stage effort, the CONSULTANT shall prepare detailed tabulation of all encroachments within the public right-of-way in the project area (if applicable). The tabulation shall be presented in a format that identifies those encroachments that exist within the right-of-way and do not require removal in order to construct the project and those encroachments required to be removed in order to implement the project components. This tabulation shall include, at a minimum, description of the encroachment, location (block / lot number or physical address), a description identifying the encroachment, and a justification / reason why the encroachment must be removed (to be provided only for those encroachments required to be removed to implement the project components). The PROJECT COORDINATOR will provide the CONSULTANT with an "Excel" spreadsheet template for mandatory use in preparation of the listing. Please note that the CONSULTANT shall be required to submit a "Draft" listing for review and comment, and make subsequent revisions as noted by the CITY, prior to submitting a Final Encroachment listing. The CONSULTANT shall demonstrate compliance with this requirement at the 100% design completion stage (Construction Document Package) submittal noted below. The 100% completion stage (Construction Document Package) milestone shall consist of the DEP Permit and Pricing Packages updated to include all constructability and design review comments as may be provided by the CITY and/or jurisdictional review agency. This submittal shall include front end documents (general and supplemental conditions), technical specifications, and construction drawings for all work proposed to be completed. This set of documents will be used by the CONSULTANT to implement City of Miami Beach Building Department Permitting Reviews. In addition, The CONSULTANT shall include detailed construction sequencing restrictions with this submittal and "Definite" level opinion of probable cost as defined by the American Association of Cost Engineers for CITY review. Page 3 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves Deliverables: - Furnish fifteen (15) sets each of the DEP Permit, Pricing, and 100 percent design completion stage documents to PROJECT COORDINATOR, as applicable (ten full size and five half size for each submittal). - Prepare and update project invoices and schedule tracking spreadsheets, on a monthly basis. -Attend monthly design progress meetings with CITY and/or any other applicable staff. Schedule: - Complete DEP Permit Package submittal within 58 working days after the Task 2 - Design Phase Notice to Proceed. - Complete Pricing Package submittal within 101 working days after Task 2 - Design Phase Notice to Proceed. Complete 100% Construction Document Package submittal within 162 working days after Task 2 - Design Phase Notice to Proceed. Task 2.3 - Desiqn / Constructability Review: To verify that the CONSULTANT is in compliance with required BODR and City's requirements, the CITY will conduct a series of design submittal reviews on all design project documents, inclusive of cost estimates at the Pricing and 100% design completion stage submittals. The purpose of these reviews shall be to verify that the documents are consistent with the design intent. These documents shall be furnished as bound 8-1/2-inch by 11-inch technical specifications and full-size (22-inch by 34-inch) and half size (11-inch by 17-inch) drawings as noted in the Task 2.2 deliverables. In order to adhere to the Project's schedule, however, these reviews will be limited. Only the pertinent / applicable CITY Department(s) shall perform reviews on these documents and shall provide written comments (in "Excel" spreadsheet format) back to the CONSULTANT. Following receipt of comments by the CONSULTANT, a meeting may be scheduled between the CITY, the CONSULTANT and/or any other applicable staff, to discuss the intent and review of the comments. Subsequently, the CONSULTANT shall address how Page 4 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves each comment was resolved, to the PROJECT COORDINATOR, in a timely manner to meet Project schedule. The responses shall be in the spreadsheet format provided to the CONSULTANT. In addition, the CONSULTANT shall revise its documents to address all review comments accordingly, to the satisfaction of the CITY. In addition, the CITY and CONSULTANT will coordinate constructability reviews of the design documents relative to value and construction sequencing with the Related Group (TRG) and/or any other applicable staff. These reviews shall be based upon the DEP Permit and Pricing submittals received from the CONSULTANT and shall be conducted concurrently but separately from the DEP Permit and Pricing design reviews noted above. These constructability review meetings shall be held with the CONSULTANT and the CITY representatives to discuss the CONSULTANT's proposed construction sequencing restrictions. The CONSULTANT shall note that the CITY's review of the contract documents does not relieve the CONSULTANT from its responsibility to the CITY with regard to the quality and completeness of its contract documents. Deliverables: - Attend meetings with the CITY and/or any other applicable staff to review and discuss design constructability and value comments. Meetings to be coordinated concurrently with monthly meetings referred to in Task 2.2 - as applicable. - Prepare written responses to comments made during reviews. Schedule: - Complete concurrently with the Design Phase schedule. Task 2.4 - Cost Opinions: The CONSULTANT shall prepare opinions of probable construction costs for the Pricing and the final (100 percent) Construction Document design completion stage submittal. The accuracy of the cost estimate associated with the 100 percent completion stage submittal shall be a +15% to -5% "Definitive" Level Estimates as defined by the American Association of Cost Engineers. All estimates shall be submitted in Microsoft "Excel" format in accordance with the template supplied by the CITY, or pre- approved alternate. All estimates shall be furnished bound in 8-1/2-inch by 11-inch size. Based upon the CONSULTANT's cost estimate, the CITY will advise the CONSULTANT if portions of the project need to be deleted, phased and/or bid as alternate bid items to satisfy Page 5 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves existing fiscal constraints. In this effort, the CONSULTANT may be. required to attend a series of meetings and develop alternative cost savings options for CITY consideration, if the estimates show that the projected Project cost will exceed the target budget. The CONSULTANT shall revise the contract documents to reflect necessary revisions to meet budget parameters at no additional cost accordingly. Deliverables: Furnish fifteen (15) sets of pricing and 100 percent completion stage cost estimates to PROJECT COORDINATOR concurrently with the design submittals noted in Task 2.2. Attend meetings with the CITY and/or any other applicable staff to review and discuss cost estimates. This Task includes development of any required cost savings alternatives, and implementation / revision of documents to address such items, as necessary to meet established budget parameters. Meetings to be coordinated concurrently meetings referred to in Task 2.2 - as applicable. with monthly Schedule: - Complete concurrently the Design Phase schedule. Task 2.5 - Community Design Review Meetings The CONSULTANT shall attend and participate in Community Design Review Meetings (CDRMs) to update and inform the community on the design progress and concept at different progress levels during the design. In order to adhere to the Project's schedule, however, these meetings will be limited, if at all necessary. The CITY will schedule, find locations for, and notify residents of all such meetings. The CONSULTANT shall prepare draft meeting minutes and forward them to the CITY, who shall review, provide comments and distribute, accordingly. The CONSULTANT shall prepare for, attend and present its documents at up to two (2) CDRMs. Note that presentation format shall consist of a brief Power Point presentation to review Project status, plus review of actual full size plans. The CONSULTANT shall provide sufficient staff at the meeting to address concerns by residents at multiple plan stations. It is anticipated that the CONSULTANT will attend one Pre-CDRM meeting with CITY to review the proposed format of the presentation for each planned CDRM. Page 6. of 16 Exhibit A-1 to Amendment No. 1 Hargreaves Task 2.6 - Document Revisions: Based upon the input provided by the residents at the CDRM, the CONSULTANT shall incorporate necessary contract document revisions, as approved by the CITY. Task 2.7 - Permittinq Reviews: The CONSULTANT shall prepare applications and such documents and design data' as may be required to procure approvals from all such governmental authorities that have jurisdiction over the Project(s). The CITY will pay all permit fees. The CONSULTANT shall participate in meetings, submissions, resubmissions and negotiations with such authorities. The CONSULTANT shall respond to comments by such authorities in a timely manner to adhere to Project schedule. It is the intent of this scope of services that the CONSULTANT be the responsible party for formally transmitting and receiving permits to and from the respective jurisdictional authorities. However, the CONSULTANT shall copy the PROJECT COORDINATOR on all permit related correspondence. This includes CONSULTANT generated minutes from meetings held with related parties. It is recognized by CITY that the time period required for obtaining permits is beyond the control of the CONSULTANT, except with regard to issues concerning the permittability of the proposed design and the CONSULTANT's ability to respond to permitting agency requests for information in a timely manner. At the time of scope preparation, the following governmental authorities that have or may have jurisdiction over Project have been identified: · United States Environmental Protection Agency · U.S. Army Corps of Engineers · Florida Department of Transportation · Florida Department of Environmental Protection · South Florida Water Management District · Miami-Dade Water and Sewer Authority · Miami-Dade Department of Public Works · Miami-Dade Department of Health and Rehabilitative Services · Miami-Dade Department of Environmental Resource Management Page 7 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves · The City of Miami Beach Building Department · The City of Miami Beach Planning Department · The City of Miami Beach Historic Preservation Board · The City of Miami Beach Public Works Department · United States Department of the Interior · The City of Miami Beach Design Review Board · The City of Miami Beach Planning Board · The City of Miami Beach Marine Authority Note that the CITY's failure to identify governmental authorities that have jurisdiction over Project at this time does not relieve the CONSULTANT from the responsibility to procure all requisite permits. However, an equitable adjustment to the CONSULTANT's compensation may be negotiated if deemed appropriate by the CITY. Deliverables: Correspond with noted jurisdictional authorities to establish permitting requirements. Revise documents and respond to permitting inquiries as required. Attend meetings with the CITY and/or permitting agency staff as required to review, discuss and finalize permit procurement Schedule: - Complete concurrently with the Design Phase schedule. Task 2.8 - The CONSULTANT's QA/QC of Desi.qn Documents: The CONSULTANT shall establish and maintain an in-house Quality Assurance / Quality Control (QA/QC) program designed to verify and ensure the quality, clarity, completeness, constructability and bid ability of its contract documents. To this end, the CONSULTANT shall provide the CITY with a written narrative detailing its QA/QC program tasks and how it is to be implemented over the course of this Project. The CITY, at its discretion, may require that the CONSULTANT attend meetings to review the status and present results of its QA/QC efforts. Items to be Page 8 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves addressed may include, but shall not be limited to, review of specifications by respective technical experts and a "Redline-check" type review of the documents to identify conflicts and inconsistencies between the various Project disciplines. TASK 3 -BIDDING AND AWARD SERVICES The level of services to be performed by the CONSULTANT shall be determined by the CITY, as applicable, for each task noted below. In order to adhere to the Project's schedule, Task 3 may be performed within Task 2 - Design Services. The CONSULTANT shall perform the following: · Review of Contractor's cost proposal(s). · Participation in negotiation meetings with the Contractor. Should this Project follow a traditional Advertise / Bid / Award process or the City's Job Order Contract (JOC) system, it is understood that the Agreement would be amended to reflect said change. Task 3.1 - Construction Contract Document Review: The CONSULTANT shall assist the CITY in the award of the construction contract. The CITY shall transmit contract documents prepared by the CONSULTANT to the CITY's Risk Management, Legal and Procurement Departments for verification of app.ropriate insurance, form and bonding requirements. The CONSULTANT shall assist in this effort by providing three copies of each Construction Contract Document and participating in meetings, submissions, resubmissions and discussions with these departments, as necessary. The CONSULTANT shall address and re-submit corrections to any CITY comments within ten calendar days of receipt of comments unless a different time schedule is agreed to by the CITY. The CONSULTANT's compensation has been based upon one meeting with these departments. Task 3.2 - Bid Document Delivery: Not applicable Task 3.3 - Pre-Bid Conference and Bid Opening: Not applicable Page 9 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves Task 3.4 - Addenda Issuance: Not applicable Task 3.5 - Bid Evaluation: Not applicable Task 3.6 - Contract Award: The CONSULTANT shall provide eight (8) sets of Construction Contract Documents, inclusive of Addenda, for execution by the CITY and the selected Contractor within five (5) calendar days of request by the CITY. Task 3.7 - As- Bid Contract Documents: After contract award and prior to the preconstruction conference, the CONSULTANT shall prepare As-Bid construction contract documents, which incorporate the following items into the construction contract documents: Contractor's bid submittals, including but not limited to, bid proposal, insurance, licenses, etc. Amend / modify front-end documents and / or technical specifications to incorporate changes made via contract addenda. Revise construction contract drawings to include modifications / revisions incorporated via contract addenda as well as the previously incorporated permit review comments. The CONSULTANT shall prepare As-Bid construction contract documents and reproduce fifteen (15) sets for distribution within ten (10) calendar days after City Commission approval / contract execution unless a different time is agreed to bY the CITY. The following apply to Task 3.1 through 3.7: Deliverables- Schedule: - Provide eight (8) sets of contract documents for contract execution - Prepare As-Bid contract documents and reproduce fifteen (15) sets. - Upon Notice to Proceed. Page 10 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves TASK 4-CONSTRUCTION ADMINISTRATION SERVICES The CONSULTANT shall perform the following tasks related to the construction administration of the Project. These tasks shall be performed during the duration of all Project construction. The CONSULTANT shall follow uniform procedures and guidelines for managing the interface between the CITY, Contractor, and CONSULTANT staffs. The CITY shall provide the CONSULTANT with sample manuals, as required. Task 4.1 - Pre-Construction Conferences: The CONSULTANT shall attend one pre- construction conference for each project phase (as applicable). The CONSULTANT shall prepare and distribute meeting minutes to all attendees and other appropriate parties. At this meeting, it is anticipated that the CITY will issue a Limited Notice to Proceed. A final Notice to Proceed shall be issued upon receipt of a final schedule and procurement of all applicable construction permits from the Contractor. Deliverables: Attend and participate in one pro-construction conference for each project phase (as applicable). Schedule: - As scheduled by the CITY after receipt of Task 4 Notice to Proceed. Task 4.2 - Bi-Monthly Construction Meetinqs: The CONSULTANT shall attend Bi- Monthly construction meetings with the Contractor and applicable CITY representatives, as required. The purpose of these meetings shall be to review the status of construction progress, shop drawing submittals and contract document clarifications and interpretations. In addition, the Contractor shall furnish a three-week look ahead work schedule to allow for proper coordination of necessary work efforts. 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. The site visits shall be separate and distinct from the "Specialty Site Visits" discussed under Task 4.6. The CONSULTANT shall prepare and distribute meeting minutes to all attendees and other appropriate parties. Page 11 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves Deliverables: -Attend and participate in construction progress meetings. Schedule: Bi-Monthly throughout the project duration, or as deemed necessary. Task 4.3 - Requests for Information / Contract Document Clarification (RFIs I CDCs): The CONSULTANT shall receive, log and process all RFIs / CDCs. The CONSULTANT shall prepare a written response in a timely matter. The CONSULTANT shall copy the PROJECT COORDINATOR on all RFIs / CDCs related correspondence. This includes CONSULTANT generated logs. Deliverables: - Respond to those RFI's that involve design interpretations. Issue CDCs, as required. Schedule: - Ongoing throughout project construction duration. Task 4.4 - Requests for Chanqes to Construction Cost and/or Schedule: The CONSULTANT shall receive, log and evaluate all requests for project cost and/or schedule changes from the Contractor. Such requests may be the result of unforeseen conditions, interferences identified by the Contractor 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 CONSULTANT shall evaluate the merit of the request, as well as a cursory review of the potential impact of the change in terms of project cost and schedule. The CONSULTANT shall provide a written opinion as to the merit / value, upon request. Deliverables: - Perform independent review of request for cost increase and/or time extension. - 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. Page 12 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves - Prepare .change order documentation in CITY directed format. Schedule: - Ongoing throughout Project construction duration. Task 4.5- Processinq of Shop Drawinqs: The CONSULTANT shall receive, log and distribute shop drawings for 'review. The CONSULTANT shall have fourteen (14) calendar days from the time of receipt in its office, to review and return shop drawings. Deliverables: - Review and return Shop Drawings. Schedule: - Ongoing throughout Project construction duration. Task 4.6 - Field Observation Services: The CONSULTANT shall provide specialty site visits by various design disciplines (civil, mechanical, 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. Specialty site visits are assumed to include one or more of the CONSULTANT's Team attendance, as may be requested by the CITY, to review, discuss, resolve field conditions and issues at the job site. Attendance shall be as requested, although a minimum of 24 hour notice will be provided when possible. In cases where conditions require immediate action, the CONSULTANT shall make itself available in the field, as soon as possible, to review / respond to necessary issues. Deliverables: Provide monthly specialty site visits, or as deemed necessary. Schedule: - Ongoing throughout Project construction duration. Task 4.7- Project Closeout: Upon receiving notice from the CONSULTANT advising that the Project is substantially complete, the CONSULTANT, in conjunction with the appropriate CITY and/or any other applicable staff, shall conduct an overview of the Project. The overview shall include development of a "punch list" of items needing completion or correction prior to consideration of final acceptance. The CONSULTANT shall develop the list with assistance from the CITY. The list shall be forwarded to the Contractor. For the purposes of this Task, Please note that substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items may not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. Page 13 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves Upon notification from the Contractor that all remaining "punch list" items have been resolved, the CONSULTANT, in conjunction with the appropriate CITY and/or any other applicable staff, shall perform a final review of the finished Project. Based on successful completion of all outstanding work items by the Contractor, the CONSULTANT shall assist in closing out the construction contract. This shall include a final punch list walk through for Verification of completion Deliverables: Attend field meetings to review substantial and final completion and assist in development of "punch lists". Schedule: - At the Substantial and Final completion of each project. B SCHEDULE "A", SUB-TASK 6.1 AND SUB-TASK 6.9, ARE AMENDED AS FOLLOWS: Task 6.1 - Reproduction Services: CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of reports, contract documents and miscellaneous items, as may be requested by CITY. An additional allowance of $25,000 has been allocated to this Project, increasing the total Project reimbursable allowance to $31,150. Unused amounts in this allowance shall be credited back to the CITY at the completion of the Project. Task 6.9 - Desiqn Sub Consultants: CONSULTANT shall arrange for and coordinate the efforts of design sub consultant expertise as such expertise is needed and determined by the evolution of the Project program requirements and/or site conditions. A not-to-exceed fee amount of all such design sub consultant costs is included in Schedule B-1 to be drawn upon as needed. CONSULTANT's compensation shall be a reimbursement of actual costs for design sub consultants. 3. THE AGREEMENT IS AMENDED TO REFLECT THE FOLLOWING ADDITIONAL PROFESSIONAL SERVICES: ARTICLE 1. DEFINITIONS is amended to include the following additional definitions: 1.10.1 CONTRACTOR I CONTRACTORS: "Contractor" or "Contractors" shall mean those persons or entities responsible for performing the Work or providing the materials, Page 14 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves supplies and equipment identified in the bid and Construction Documents for the Project. 1.11.1 CONTRACT FOR CONSTRUCTION: legally binding agreement with Contractors. "Contract for Construction" shall mean a 1.11.2 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans, specifications, drawings, documents and diagrams submitted by the Consultant pursuant to Article 2.6 and approved by the City. 1.13.1 WORK:. "Work" shall mean the work to be performed on the Project by the Contractor, pursuant to the applicable Documents, whether completed or partially completed, and includes labor and materials, equipment, and services provided, or to be provided, by the Contractor to fulfill its obligations. 1.13.2 SERVICES: "Services" shall mean the services to be performed on the Project by the Consultant pursuant to this Agreement, whether completed or partially completed, and includes other labor and materials, equipment and services provided, or to be provided, by Consultant to fulfill its obligations herein. 1.13.3 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant and approved by the City as being within the Construction Cost Budget pursuant to the Statement of Probable Construction Cost provided by Consultant. "Base Bid" shall not include "Additive Alternates" or "Deductive Alternates". ARTICLE 2. BASIC SERVICES is amended to include the following: 2.1.1 DESIGN SERVICES: Based on the approved Planning documents developed under Article 2.4, Consultant shall prepare Design Documents, as noted in the attached Schedule "A-I" entitled "Scope of Services". 2.1.2 BIDDING AND AWARD SERVICES: Consultant shall provide bidding and award services as noted in the attached Schedule "A- l'' entitled "Scope of Services". Page 15 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves 2.1.3 CONSTRUCTION ADMINISTRATION SERVICES: Consultant shall furnish construction administration services as noted in the attached Schedule "A-I" entitled "Scope of Services". 4. PROJECT COST BUDGET FOR THE PROJECT $14,130,000 5. CONSTRUCTION COST BUDGET FOR THE PROJECT $11,200,000 (excluding AiPP, pier, and Apogee seawall, and including a $500,000 allowance for Fountain replacement). 6. PAYMENT AND COMPENSATION Refer to attached schedule "B-I" entitled, "Consultant Compensation". Refer to attached schedule "C-1" entitled, "Hourly Billing Rate Schedule". Compensation: · Original Agreement amount: $ 328,505.00 Includes:' $6,150 in reimbursable allowance $60,000 in Topo Survey allowance $5,000 in Soft Dig Allowance · Amendment No. 1 (Additional Professional Services) amount: $1,322,373.00 Includes: $25,000 in reimbursable allowance · Revised Agreement amount: $1,650,878.00 7. TIME OF COMPLETION Refer to attached schedule "D-I" entitled, "Project Schedule". (F:\CAPI\$alI\NURY~South Pointe Park\S-SPTPK~S-SPTPK-03\S-SPTPK-03b~admendment l\S-SPTPK-03b-Amendmentl- ScheduleA.final.doc) Page 16 of 16 Exhibit A-1 to Amendment No. 1 Hargreaves J 0,0 I SCHEDULE C-1 CITY OF MIAMI BEACH, FLORIDA SOUTH POINTE PARK IMPROVEMENT PROJECT HOURLY BILLING RATE SCHEDULE 2005 Classification Hourly Billing Rate Design Director $300.00 per hour Principal in Charge $] 75.00 per hour Project Manager $125.00 per hour Senior Landscape Architect $95.00 per hour Design Staf~ I $75.00 per hour Design Sta£f II $65.00 per hour Clerical $55.00 per hour hargreaves associates 12/22/2004