Amendment No. 4 Hargreaves Associates~ ~~ ~-
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AMENDMENT N0.4
TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
HARGREAVES ASSOCIATES, INC., DATED JANUARY 12, 2005
(THE AGREEMENT);
FOR ADDITIONAL PROFESSIONAL ARCHITECTURE AND
ENGINEERING (A/E) SERVICES
IN THE AMOUNT OF $508,210
~~ ~~
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This Amendment No. 4, dated as of , 2007, to that certain Agreement by and
between the CITY OF MIAMI BEACH, a ni ' al 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 Hargreaves Associates, Inc.
(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
WHEREAS, on October 19, 2005, the Mayor and City Commission approved
Amendment No. 1 to the Agreement, in the amount of $1,322,373, which provided for additional
professional architecture and engineering (A/E) services associated with the completion of the
Design Phase, Permit Processing (as applicable), Bid and Award, Cost Review, and
Construction Administration Services for the Project; and
WHEREAS, on October 11, 2006, the Mayor and City Commission approved
Amendment No. 2 to the Agreement, in the amount of $267,134, for additional A/E services
relative to the Conceptual Design, Schematic Design, development of a Design Criteria
Package, Bid Coordination, and Construction Administration Services for the South Pointe Pier;
and
WHEREAS, the City concurs with the Consultant's recommendation to extend the Park's
improvements beyond its property limits to include a portion of Washington Avenue to South
Pointe Drive for a better intergraded design; accordingly, the Consultant has requested
additional services, in the amount of $50,925; and
WHEREAS, additionally, the Project has experienced delays related to the
commencement of the construction of the Project; and
WHEREAS, there has been a change in the projected Project construction schedule, as
identified by the Project contractor, MCM; and
WHEREAS, the Consultant is requesting additional fees associated with the above
Project construction commencement delays, and changes to the Construction Administration
fee, including additional associated reimbursable fees, in the amount of $457,285; and
WHEREAS, the Administration recommends an additional appropriation of funds, in the
amount of $508,210, from the South Pointe Capital Projects Fund; and
WHEREAS, the Administration and Consultant have negotiated the following
Amendment No. 4, to the Agreement, in the amount of $508,210, for the aforestated additional
A/E services relative to the Project.
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
No. 4.
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-4", entitled "Scope of Services /Compensation for Additional
Services", attached and incorporated hereto.
3. 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. 4.
IN WITNES WHEREOF, the parties hereto have caused this Amendment No. 4, to be
executed in their names by duly authorized officials as of the first,s~t forth above.
ATTEST: CI M MI BEACH
~~~ ~' ~
CITY CLERK MAYOR
Robert Parcher David Dermer
CONSULTANT
HARGREAVES ASSOCIATES, INC.
BY.
Print
ent APf~9VED AS TO
_ ~Gi.. ~_ _.L~ FOJdM & LANGUAGE
(T:\AGENDA\2007\ju11107\Regular\S-SPTPK-03b-Amendment4.07.11.07.doc) /, - .~~ 7l-SJD,~,
Print Name
SCHEDULE "A-4"
TO AMENDMENT N0.4
SCOPE OF SERVICES /COMPENSATION FOR ADDITIONAL SERVICES
SOUTH POINTE PARK IMPROVEMENTS PROJECT
SCOPE OF SERVICES
A. Additional professional services associated with extended Construction
Administration services and associated reimbursable fees.
Refer to Attachment A
Compensation
• Pursuant to Amendment No. 4, to the Agreement, the Consultant's Agreement is
further increased, in the amount of $457,285, for the above services.
• The agreed upon fee is payable as a lump sum fee.
B. Additional professional services associated with the upgrades to Washington
Avenue extending the existing Park's improvements beyond its property limits to
South Pointe Drive.
Refer to Attachment B
Compensation
• Pursuant to Amendment No. 4, to the Agreement, the Consultant's Agreement is
further increased, in the amount of $50,925, for the above services.
• The agreed upon fee is payable as a lump sum fee.
SUMMARY
The Consultant's Agreement is to be amended as follows:
Description Amount
Additional service re: Upgrades to Washington Avenue: $ 50,925.00
Additional service re: Extended Construction Administration: $ 457,285.00
Total: $ 508,210.00
(T:\AG EN DA\2007\j u11107\Regular\S-SPTPK-03b-Schedu IeA-4.07.11.07. doc)
Attachment A
ASSOCIATES SAN FRANCISCO
CAMBRIDGE
NEYr YORK
LONDON
29 June 07 ~BoVARICKSTREET
SUITE i;o4
NEW YORK, NY iom4
ztz 337 9973 T
. a~z 337 997z F
Jorge E. Chartrand, DlreCtOr A
City of Miami Beach M
RGREAVES.COM
Capital Improvement Projects Office
1700 Convention Center Dr.
Miami Beach, Florida 33139
Re: South Pointe Park- Construction Observation Phase Additional Service
~ Req UQSt- REVISED ~ GEORGE HARGREAVES
HA PrOleCt #: SPPOSO2 MARY MARGARET JONES
Dear jorge ~ GLENN ALLEN
GAVIN MCMILLAN
KIRT RIEDER
Hargreaves Associates is pleased that the Construction Observation phase is beginning at South TIM ANDERSON
CATHERINE MILLER
Pointe Park. We are committed to assisting the Ciry to see the design vision brought to fruition. To KEN HAINES
that end, this letter is to request. additional services for Construction Observation phase for the South IACOa PETERSEN
Pointe Park Improvements Project. As there are several points to this request
we have listed them MEGAN MANN
BRIAN
ENCEK
,
belOW: J
SCOTT SMITH
~. Delay In Start up for COnStrUCtlOn Observation Phase. MATTHEW J. TUCKER
When we began Construction Documents phase in October 2005, we worked by an accelerated HANS oPSAHL
rooNCr+uLCHo
schedule to meet the Ciry's project schedule. Vitae had two major deadlines during this period: a BERNWARD ENGELKE
Pricing Package submitted March 2006 and 100% Construction Documents submitted May 2006. YUMI LEE
For both of these deadlines, we anticipated coordination with The Related Group (TRG) to provide JAMIE MASLrN
ANDY HARRIS
necessary information in order for TRG and the City to come to an agreed upon price and to suE BAILEr
accelerate permitting. We also assumed that Construction Observation period would be
in with MONIU RICHGELS
g
TRG as the Contractor, and that it would immediately follow the 100% CD submittal in May 2006.
(Please see attached Schedule D-1 per our Contract Amendment Number 1)
The City and TRG did not come to a construction agreement, and in October 2006, it was
determined that South Pointe Park would be issued for public bid for contractors. Two bid
processes were required, and the City issued Notice to Proceed #1 to MCM Corporation in early
June 2007.
During the period oftime between 100% Construction Document submittal in May 2006 to May
2007, Hargreaves Associates has worked with the Ciry on permitting and coordination for the Park.
In July 2006 Hargreaves Associates Construction Document fee was nearly depleted, and with your
permission, we began billing to Construction Observation phase. At that time, we explained to
you and Tim Hemstreet that we would need additional services to recoup the Construction
Observation fees during this coordination period, prior to actual Construction Observation phase
work. Therefore, we request this fee for this period oftime, which is $110,161.41.
2. Extended Construction Observation Period.
Schedule D-1, the project schedule, Hargreaves Associates assumed anine-month construction
observation period. MCM Corporation has submitted a construction schedule that is 18 months
long. Therefore, we request additional services for the additional nine-months in the project
schedule. This would also apply to these sub consultants to Hargreaves Associates: Savino and
Miller Design Studio, William Lane Architects, Gopman Engineering, Coastal Systems
International, and JALRW Engineering Group. Due to their specialty services, we have not
increased time allotted for LAM Partners (lighting design), Ken DiDonato (irrigation design) or
Dan Euser (water feature design).
3. City's request for Hargreaves Associates to extend the project duration one month
beyond Contractor's construction schedule.
Tim Hemstreet asked that we add one month onto the end of the contractor's construction
schedule when Hargreaves Associates submit this additional service request. This would provide a
cushion should project delays occur. This only applies to Hargreaves Associates fee, not our
subconsultants.
4. City's request for more on-site involvement by Hargreaves Associates Project Manager
We are happy to provide the City with staff support needed to contribute to the project's success.
Schedule B in our Contract Amendment Number 1 states that the Project Manager would work
approximately 30 hours per month during Construction Observation Phase. The Project Manager
would handle most of the work in Hargreaves Associates office and she would have one site visit
per month that would be one day long.
The City has requested that the Project Manager increase her availability to the project. In
reviewing the anticipated needs during the Construction Observation period, we believe that an
increase to 100 hours a month (approximately 6396 of the project manager's time) is appropriate
to meet the City's expectations. This would allow for the Project Manager to be on-site two visits a
month. for 2-3 days duration per visit.
5. Reduce role of Senior Landscape Architect to increased support in local administrative
assistance.
Hargreaves Associates is responsible for coordination of the bi-monthly (2x month) construction
meetings, as well as preparation and distribution of those meeting minutes. We believe that it
would be a better value to the City for Hargreaves Associates to providing a local administrative
assistant to provide these services.
Using a local administrative assistant would reduce the time allotted to "Senior Landscape
Architect." Therefore to meet this request, we have credited the hours allotted to "Senior
Landscape Architect" role for attending meetings on-site, and increased "clerical" role.
6. Adjusted hourly billing rates from 2005 to 2007
We appreciate that you approved Hargreaves Associates request to adjust the design team's
hourly bill rates from 2005 to 2007 rates. We adjusted the rates on the previously approved
Construction Observation fee in Amendment Number 1. This results in an increase in fee due to
the increase in hourly rates. This applies to Hargreaves Associates and our subconsultants noted
in the attached backup.
7. Reimbursable Expenses
With the extended duration, we request an additional $25,000 in reimbursable expenses for
printing and reproductions.
Fee
Services described above shall be provided for the sum of USS432,284.88 in accordance with the
terms and conditions of our contract. Please see hourly breakdown of the above fees in the attached
spreadsheets. Reimbursable expenses requested in the amount of S25,000 are in addition to this fee.
We would be pleased to answer questions you may have or to clarify various points above.
If this proposal meets with your approval, please sign below and return one copy for our files.
Sincerely,
Regards,
/~
Gavin McMillan
cc: Tim Hemstreet, Nury Menicucci, Mario Gonzalez-Pola
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Attachment B
ASSOCIATES
29 June 2007
Jorge E. Chartrand, Director
City of Miami Beach
Capital Improvement Projects Office
1700 Convention Center Dr.
Miami Beach, Florida 33139
Re: South Pointe Park- Washington Ave streetscape- REVISED
HA Project #: SPP0502
Dear Jorge
We are pleased that the City has asked the South Pointe Park design team to submit a fee proposal to
upgrade the Washington Avenue streetscape. The streetscape improvements will provide an integrated
design between the park and Apogee and present a finished look at the park gateway at South Pointe
Drive. This work will be provided to the City as an Addendum to the South Pointe Park Construction
Document package.
The boundary of this work area follows this scope.
Scope of Work and Design Assumptions:
• Provide survey of project area
• Median curb, gutter and planting to remain
• New Curb, gutter, sidewalk, street trees and plantings along both sides of Washington Avenue
to integrate with SPP and Apogee
• Upgraded lighting to meet SPP design standards
• Provide new irrigation to tie in with park
• Provide new asphalt in roadway.
• Tie utility systems with SPP-electrical, water, etc. We assume that the existing storm water
system will be remain and is not in this scope of work.
• Coordinate with the City of Miami Beach and The Related Group for design input
• Obtain City agency approvals and permits
• Perform construction administration for the work area in conjunction with South Pointe Park
Improvements
• Design Review Board approval is not required for this work
• It is assumed that no permits are required by DEP and DERM
• Intersection studies and pavement design for South Point Drive/ Washington Avenue
intersection
Timeline/ Work tasks
The Design Team is prepared to begin this work immediately following receipt of signed authorization.
• Task 1-obtain design information from TRG and City, perform Survey (30 days)
• Task 2- Prepare design development package. Review with City and The Related Group (20
days following Task l)
SAN FRANCISCO
CAMBRIDGE
NEW YORK
t8o VARICK STREET
SUITE t3oq
NEW YORK, NY tomq
ztz 337 9973 T
ztz 337 997z F
HARGREAVES.COM
GEORGE HARGREAVES
MARY MARGARET JONES
GLENN ALLEN
GAVIN MCMILLAN
KIRT RIEDER
TIM ANDERSON
CATHERINE MILLER
KEN HAINES
JAC08 PETERSEN
MARCEL WILSON
CAROLYN BODKIN
MEGAN MANN
BRIAN JENCEK
MISTY MARCH
SCOTTSMITH
Task 3- Prepare addendum to construction documents. Update specifications as necessary.
(20 days following Task 2)
Task 4- Obtain permits with City (20 days following Task 3)
Task 5- Perform construction administration (to December 2008). CA for streetscape work
described herein is to be scheduled, coordinated, and performed in conjunction with South
Pointe Park Improvements project.
Fee
This effort required the following costs. Please see attached back up from Hargreaves Associates sub
consultants.
Washins~ton Avenue Streetscane
Task Har reaves Hours Totals
GMc M Stag'
$185.66 $132.61 $79.57
Desi n Stud and Coordination
Desi n Develo ment 8 16 30 $5,994.14
Review with Cit &TRG one tri 0 8 0 $1,060 88
Construction Documentation 0 20 40 $5,835.00
Subconsultant coordination 0 16 8 $2,758.32
Travel for Cit &TRG review 0 8 0 51,060.88
subtota/ f 16, 709.2?
Permittin
Review a roved conce t with
Ci A encies one tri 0 8 0 $1,060.88
Final ermits wth Cit A encies one tri 0 8 0 $1.,060.88
Travel fortwo a enc meetin s 0 16 0 $2,121.76
subtota/ S4,Z43.S?
Construction Administration
Res and to RFI's 2 8 20 $3,023.60
Observe construction work 0 20 40 $5,835.00
subtota/ (8,858.60
$1,856.60 $16,974.08 510,980.66 $29,811.34
Subconsu/tams
Coastal Systems International (civil) $6,578.00
)ALRW Engineering (MEP) $4,810.00
Biscayne Engineering (Survey) 55,955.00
Savino and Miller Design Studio $2,974.32
Ken DiDonato Irri ation Desi n $795.66
Total Professional Fee
We would be pleased to answer questions you may have or to clarify various points above.
If this proposal meets with your approval, please sign below and return one copy for our files.
Sincerely,
V
Gavin McMillan
Accepted
By:
550,924.32
Name Printed:
Title:
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22 August flS