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HomeMy WebLinkAboutAmentment No. 3 with Wolfberg Alvarez & Partners - /j'. '3'7 JGt..:' - /- G.:: (.' - 10/; 9/0)~ - )\ 7~ AMENDMENT NO.3 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A I E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND WOLFBERG ALVAREZ & PARTNERS, DATED SEPTEMBER 25,2002, IN AN AMOUNT NOT-TO-EXCEED $272,673, FOR THE PROVISION OF ADDITIONAL PROFESSIONAL SERVICES, ASSOCIATED WITH ADDITIONAL PLANNING, DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE SOUTH POINTE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 12C - SOUTH POINTE RDA PHASE II PROJECT. This Amendment NO.3 to the Agreement made and entered this 19 day of October ,2005, 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 WOLFBERG ALVAREZ & PARTNERS, having its offices at 1500 San Remo Avenue, Suite 300, Coral Gables, Florida 33146 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 57-00/01, the Mayor and City Commission adopted Resolution No. 2002-24993 on September 25, 2002, approving and authorizing the Mayor and City Clerk to execute an Agreement with Wolfberg Alvarez & Partners, for Professional Services for the South Pointe Right-of-Way Infrastructure Improvement Program Neighborhood No. 12C - South Pointe RDA Phase II Project (the Agreement); and WHEREAS, the Agreement provides for the detailed planning, design, permitting, bidding / award and construction administrative services for various streetscape / utility improvements (Phase II) within the South Pointe RDA neighborhood (the Project); and WHEREAS, the Agreement was executed for a not-to-exceed amount of $469,634.00; and WHEREAS, the City administratively approved Amendment NO.1 to the Agreement, in the amount of $19,750, for the implementation of additional underground utility field verification efforts to further refine contract documents by selectively investigating "utility" locations where proposed underground infrastructure will intersect with existing improvements; and WHEREAS, the City administratively approved Amendment No.2 to the Agreement, in the amount of $10,750, tor additional services for updating / revising the survey for areas within the Project boundary that have recently implemented right-ot-way improvements adjacent to the new private developments, and along the Alton Road right-of-way from Fourth to Fifth Streets; and WHEREAS, the scope ot services tor this Amendment No.3, in the amount of $272,673, is intended to address additional planning, design and construction administration services associated with the expanded scope of the Project; and WHEREAS, this proposal has been evaluated by Hazen & Sawyer, the City's Program Manager, and the CIP Office and is found to be fair and reasonable; and WHEREAS, the following Amendment No. 3 increases the total Agreement fee in the amount of $272,673, for a total fee of $772,807. 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 The Agreement is amended as noted in the attached Schedule "A-3", which is hereby incorporated in the Agreement. 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 c s this mendment NO.3 to be executed in their names by their duly authorized officials of t e first set forth above. ATTEST: f16J- PM~ City Clerk Robert Parcher ATTEST: CONSULTANT: WOLFBERG ALVAREZ & PARTNERS By SCHEDULE "A-3" SCOPE OF SERVICES Schedule "A" entitled, "Scope of Services", Task 5 - Additional Services is amended as follows: Task 5.1: Scope Increases to Task 2 - Desian Services: As a result of the thorough planning efforts undertaken by the Project Team, a material increase to the amount of design improvements proposed on the Project have resulted. To this end, additional design services which were not contemplated when the original contract was executed, have resulted. In general, the construction budget for the Project has escalated from an original target amount of $5 million, to approximately $1 0 million at the 60% design completion stage. The additional service fee requested by W A to perform this work is $197,493. Task 5.2: Additional Plannina Phase Level of Effort: During the planning phase, a number of unanticipated issues related to parking within the Historic District portions of the Project area resulted in an increase in the number of meetings and efforts required to finalize the Basis of Design Report (BODR). The additional service fee requested byWA to perform this work is $12,080. Task 5.3: Production of Earlv-Out Desians: During the planning phase, the Consultant was requested to produce early-out designs for corridors adjacent to the near complete Thyssen Building and the Absolut Condominium. This required an accelerated, out of sequence design effort. The additional service fee requested by WA to perform this work is $10,000. Task 5.4: Drainaae Enhancements Adiacent to the Cosmopolitan Condominium Development: During the final completion of the Cosmopolitan Condominium development, the Consultant noted that Meridian Avenue, between 151 and 2nd Streets, was installed as a 50-foot right-of-way, while the remainder of Meridian Avenue, north of 2nd Street, was based on an existing 70-foot right-of-way, similar to the avenues within the Project area. The resulting misalignment has created a burden on the Consultant, with the requirement to verify the design with Miami Dade County Traffic Department. The added scope increase resulting from the re-alignment of this particular intersection, including related adjustments to a stormwater pump station, lighting, curb cuts, and related improvements. The additional service fee requested by WA to perform this work is $8,500. Task 5.5: Stormwater Desian on Alton Road: The Project boundaries made part of the Agreement clearly indicate that all work on Alton Road were to be part of the future Phases III, IV, and V of the South Pointe Project. The Consultant has been requested to include certain stormwater improvements on Alton Road, including a connection to the existing 72-inch stormwater main currently existing on Alton Road. The added scope increase includes the creation of additional design drawings, meetings, MOT, and coordination issues with a different contractor, added permitting and construction administration. The additional service fee requested by WA to perform this work is $ 26,200. Task 5.6: Unforeseen Conditions Dealina with Allev Liahtina: This item deals with issues regarding the lighting of the existing alleys, which apparently belongs to FPL, for compliance with the City's Lighting Footcandle Level Standards. In full coordination with FPL, the Consultant has completed an extensive survey of the existing alley lighting and performed photometric calculations. It is now known that additional poles and light fixtures will be needed in the alleys in order to satisfy the .. .. "'~.~...~'".e~"""_'"'~"'""""",-.~_<_"""",~,_ ,".. ~"'~'..,,,..".,,,.,-,~__,,,, requests made by the residents, with concurrence from the City, enhance the security of the neighborhood. The Consultant will prepare a package of information and survey data to be utilized by Public Works in future negotiations with FPL for the implementation of the required additional alley lighting. The additional service fee requested by WA to perform this work is $ 7,500.00. Task 5.7: Coordination with Subconsultants and other Aaencies: The added scope of work has created the need to manage and coordinate additional work not previously contemplated during the negotiation phase. The Project scope and construction cost has dramatically changed, thus necessitating extra coordination efforts amongst all disciplines as well as other agencies. In addition, the new scope will impact the Project Manager and various Project Engineers in coordinating stormwater pumps, meeting with FPL regarding those pumps, additional RFI's, additional shop drawings, meetings regarding alley lighting. It is estimated that an additional 40 hours of Project Management and 50 hours of Engineering is needed. The additional service fee requested by W A to perform this work is $ 10,900. Task 5.8: Encroachments: During the Planning Phase, the issue of whether or not to reclaim the existing encroachments on the South Pointe Neighborhood was discussed at length on various occasions. This item continues to be an area of discussion between the Administration and the residents. At this time, W A has identified both the "hard encroachments" as shown in the Survey and the "soft encroachments" as delineated in the landscape plans by Curtis + Rogers. Once a direction is provided by the City for the treatment of these encroachments during construction W A will incorporate these designations in the construction documentation. This item will be covered under the existing Planning and Design additional services. ."'....~"'.....,.""..""...~""_,.....^_~~""."",.'.".i"""'''''''"-~,_~,~"._"__~,._".