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HomeMy WebLinkAboutAmendment No. 2 ,:l()oCa -;t.3f?8" c 7 f) - /:tJ bibb AMENDMENT No.2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CHEN AND ASSOCIATES, INC, DATED SEPTEMBER 8, 2004, TO PROVIDE ARCHITECTURE, LANDSCAPE ARCHITECTURE, ENGINEERING, AND CONSTRUCTION ADMINISTRATION SERVICES NECESSARY TO COMPLETE THE PLANNING, DESIGN, AND CONSTRUCTION OF THE CITY CENTER RIGHT OF WAY IMPROVEMENT PROJECT, SAID AMENDMENT IN AN AMOUNT NOT-TO-EXCEED $88,081; FOR THE PROVISION OF ADDITIONAL DESIGN PERMITTING, BID AND AWARD, AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE ADDITIONAL STREETSCAPE IMPROVEMENTS TO 21st STREET, AND CONSTRUCTION ADMINISTRATION, AND RESIDENT PROJECT REPRESENTATIVE (RPR) SERVICES FOR LINCOLN ROAD, BETWEEN WASHINGTON AND COLLINS AVENUES, WITHIN THE CITY CENTER RIGHT OF WAY NEIGHBORHOOD IMPROVEMENT PROJECT; WITH FUNDING AVAILABLE FROM PREVIOUSLY APPROPRIATED CITY CENTER REDEVELOPMENT AREA(RDA) FUNDS. This Amendment NO.2 to the Agreement, made and entered this 6th day of December 2006, 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 AND ASSOCIATES, INC, having its offices at 5100 NW 33rd Avenue, Suite 250, Ft. Lauderdale, Florida 33309 (hereinafter referred to as the Consultant) RECITALS WHEREAS, on September 8, 2004, the Mayor and City Commission authorized the execution of 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 16th 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 December 9, 2004, and October 20, 2005, the City issued the Notices to Proceed for the planning and design phases of the Project, respectively; and WHEREAS, on February 8, 2006, the City Commission adopted 'Resolution No. 2006-26126, approving Amendment NO.1 to the Agreement, to include the design of streetscape improvements on Lincoln Road. between Collins and Washington Avenues; and \S. CC/l.1)1'l It.ow. 03 b-/ZD c.. 2-00" WHEREAS, on July 11, 2006, a Community Design Workshop (CDW) was held specifically to present the design options for this portion of the Project; and WHEREAS, consensus was reached with regards to the recommended design Option 2, which includes the installation of a new six (6) foot wide landscaped median along the center of Lincoln Road, new sidewalks, bump-outs, and brick paved crosswalks; and WHEREAS, the design for the Lincoln Road improvements has been accelerated, and is expected to be completed in early 2007; and WHEREAS, in anticipation of the start of the construction, the Consultant has requested additional Construction Administration and Resident Project Representative (RPR) services, in the amount of $52,012, for separating this portion of the work for the remaining City Center Bid Packages A and B; and WHEREAS, during the Project planning process, it was determined that the portion of 21st Street, between Park and Collins Avenues, needed to be added to the Project, in order to complete the improvements in this area; and WHEREAS, the Consultant has submitted a proposal for additional professional services and reimbursable costs associated with the additional scope of work, including survey, underground utility verification, and E-Builder software implementation for the Project; and WHEREAS, the total additional fee requested by the Consultant for the additional work is $88,081; and WHEREAS, the Capital Improvement Project Office. and the City's Program Manager, Hazen and Sawyer, have evaluated the Consultant's cost proposal and are in agreement that the proposal is reasonable; and WHEREAS, the City Administration recommends approval of the attached Amendment NO.2 to the Agreement, in an amount not-to-exceed $88,081, for the aforestated additional services for the Project; and WHEREAS, this Amendment No. 2 to the Agreement, will revise. the total contract sum to a not-to-exceed total of $2,580,779. 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.2. 2. MODIFICATIONS The Agreement is amended to include and incorporate the additional work, as set forth in Schedule "A-2". 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.2. IN WITNESS WHEREOF, the parties hereto have caused this Amendment NO.2 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: ~ fcutk Robert Parcher, City Clerk CONSULTANT: CHEN AND ASSOCIAT By OCQ~ ~, Ko{lo Print Name --'~e ~'\ H Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ''2,\, \U ~ SCHEDULE "A-2" SCOPE OF SERVICES Schedule "A" entitled. "Scope of Services". is amended as follows: ADD the Following under Task 5 - ADDITIONAL SERVICES Task 5.2.17,5.2.18.5.2.19,5.2.20.5.2.21 - Additional Design Services The CONSULTANT shall furnish additional design services associated with the City Center Neighborhood Right-of-Way improvements as noted below: Task 5.2.17 Pre-Construction Conference with Residents: CONSULTANT shall prepare, attend, and conduct a pre-construction conference with businesses on this section of Lincoln Road. The purpose of the meeting shall be to introduce the CONSULTANT and CONTRACTOR to the residents, as well as have the CONSULTANT present an overview of anticipated construction sequencing, conditions to be expected. and other issues that may be of concern to residents, as either addressed at the meeting, or the pre- meeting with CITY representatives, that is to be held to review the content of the presentation with the CONSULTANT prior to the meeting. Task 5.2.18 Resident Project Representative: CONSULTANT shall provide one qualified, full-time resident project representative to provide an adequate quantity and quality of observation as required to reasonably verify that the CONTRACTOR complies with critical elements of the construction project and meets the general intent of the contract documents. CONSULTANT's level of effort shall be based upon a period of up to three (3) man-months (520 man-hours) of field representation. Should this level of effort be exceeded or decreased, an equitable adjustment shall be made accordingly. The CONSULTANT's field staff shall be on-site at all times when the CONTRACTOR is on the job, as practicable. CONSULTANT's level of effort is based upon the assumption that the resident project representative shall monitor all CONTRACTOR work crews as specified by the CONSULTANT in the contract document construction sequencing requirements. In general, the CONSULTANT's resident project representative 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. through the PROGRAM MANAGER. against defects and deficiencies in the work of the CONTRACTOR. CONSULTANT shall report, to the CITY, through the PROGRAM MANAGER. 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) Conduct on-site observations of the work in progress to determine if the contract documents and permit requirements are being complied with and to protect the CITY, through the PROGRAM MANAGER. against Contractor work defects and deficiencies. CONSULTANT shall advise the CITY. through the PROGRAM MANAGER, in writing. whenever work is determined to not conform to the contract documents. The CONSULTANT's observer shall attend all scheduled meetings with the CONTRACTOR. (c) Maintain a daily log of work performed. The daily notes shall include records of when the CONTRACTOR is on the job-site, weather conditions, change orders. or changed conditions, list of job site visitors, daily drilling and testing activities, observations in general, and specific observations in more detail as in the case of observing test procedures. Record, in writing. the outcome of these inspections. CONSULTANT shall identify any utilities damaged and verify that the CONTRACTOR has notified the respective utility owner. (d) 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. (e) Provide a photographic record of the construction, beginning with pre-construction documentation and completing with post-construction photographs. Photographs shall be digital snapshot-type taken to define the progress of the project and shall be labeled as to date, location. and view; electronically filed my week; and signed by CONSULTANT. (f) Review materials and workmanship of the projects and report to CITY. through the PROGRAM MANAGER, 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, through the PROGRAM MANAGER. to reject items not meeting the requirements of the contract documents. (g) Check CONTRACTOR's material certifications and samples, verifying that delivered materials match approved shop drawings. (h) Field observe critical points in the construction process. (i) 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. U) CONSULTANT shall verify and sign off on all pay requisition quantities in the field. CONSULTANT shall develop a Field Measurement Form and utilize such form as verification of pay requisition items. CONSULTANT shall advise PROGRAM MANAGER of quantities being approved for concurrence. (k) Monitor record drawing mark-ups to ensure that they are properly maintained by the CONTRACTOR. (I) The CONSULTANT's resident project representative shall coordinate with its office staff as necessary to resolve / address all Requests for Information / Contract Document Clarifications / Field Orders and other such project related correspondence as may be forwarded by the CONTRACTOR, through the PROGRAM MANAGER. Deliverables - Provide full time resident project representation on the project Prepare Daily Construction Observation Forms and distribute to the PROGRAM MANAGER. Schedule - Ongoing throughout Project." Task 5.2.19 - Project Closeout: Upon receiving notice from the CONTRACTOR advising the CONSULTANT that the project is substantially complete, CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER staff, shall schedule and conduct an overview of the project. The overview shall include CONSULTANT's development of a "punch list" of items needing completion or correction prior to consideration of final acceptance. The list shall be forwarded to the CONTRACTOR. For the purposes of this provision, 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 not be fully completed. but all items that affect the operational integrity and function of the project are capable of continuous use. Substantial completion criteria shall be as specified by the CONSULTANT in its contract documents. and shall also address the startup of warranties accordingly. Upon notification from CONTRACTOR that all remaining "punch list" items have been resolved. the CONSULTANT, in conjunction with appropriate CITY and PROGRAM MANAGER 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 CITY, through the PROGRAM MANAGER. in closing out the construction contract. This shall include, but not be limited to, providing recommendations concerning acceptance of the project and preparing / collecting necessary documentation, including but not limited to. lien waivers, CONTRACTOR's final affidavit, close-out change orders, and processing of the final payment application. Deliverables - Receive Contractor substantial completion notification. Coordinate and attend field meetings to review Substantial Completion. Prepare and verify that punch lists are completed. Certify project completion to appropriate agencies. Schedule "Ongoing throughout Program." Task 5.2.20 - Post Project Services: CONSULTANT shall assist the CITY. through the PROGRAM MANAGER, with the coordination of requested warranty work. This assistance shall be provided for a period up to one year following the final completion date and acceptance of the construction project. In addition, the CONSULTANT shall coordinate with the Contractor as necessary to transfer record drawing markups, which the CONSULTANT shall update the corresponding CAD files for , . record purposes and certify the project as complete. in accordance with all applicable jurisdictional permitting requirements. Deliverables - Assist CITY, through PROGRAM MANAGER. with warranty work completion. Prepare electronic record drawings and certify project as complete per applicable jurisdictional requirements. Submit five full size copies of final record drawings with applicable certifications of completion Schedule "Ongoing throughout Program." Task 5.6 21st Street Streetscape Improvements: The CONSULTANT shall provide professional services for the planning, design, permitting and construction administration (all in general accordance with the base scope of services) of proposed streetscape along 21st Street between Park and Collins Avenues and in coordination with the Collins Park Improvements plans prepared by MC Harry and Associates. The improvements generally consist of roadway, curbing, irrigation. landscaping, lighting, pavement marking, decorative type cross walks. and / or hardscape improvements as typically outlined in the City Center BODR approved by the City Commission on October 19, 2005. It shall be the CONSULTANT's task to review the subject documents. and through a series of up to two meetings, reach a consensus final design concept with City Regulatory agencies including, the City's Planning and Public Works Departments. as well as any applicable Miami-Dade County Public Woks Department Traffic Division concerns. ADD the Following under Task 6 - OTHER DIRECT COSTS: Task 6 - Other Direct Costs: The E-Builder software will be implemented by the Consultant during the construction phase of this Project. The CITY will reimburse the CONSULTANT for the purchase of one license and necessary software training. ::5C;;~~I~' ('1CO(")Vj" (')0)'111"'11 MMt09""1G ~ ~ 0_"'; ~"'O _M .....N.. -~- ~ ~ ~OOOO! 0000 lI}"::tON 4l't1~1"'0X)~. M,ttt... ;; - .. 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