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AMENDMENT No. 4
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
CHEN AND ASSOCIATES, INC, DATED SEPTEMBER 8, 2004,
FOR THE CITY CENTER RIGHT OF WAY IMPROVEMENT PROJECT, SAID AMENDMENT
IN AN AMOUNT NOT-TO-EXCEED $24,923; FOR THE PROVISION OF ADDITIONAL
PROFESSIONAL SERVICES NECESSARY FOR THE PLANNING OF LINCOLN ROAD
STREETSCAPE IMPROVEMENTS BETWEEN WASHINGTON AVENUE AND COLLINS
AVENUE, NEIGHBORHOOD NO. 9C, CITY CENTER RIGHT OF WAY NEIGHBORHOOD
IMPROVEMENT PROJECT; WITH FUNDING AVAILABLE FROM PREVIOUSLY
APPROPRIATED CITY CENTER REDEVELOPMENT AREA (RDA) FUNDS.
This Amendment No. 4 to the Agreement, made and entered this 5ch day of September 2007,
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,
a Florida Corporation, having its offices at 420 Lincoln Road, Suite 240, Miami Beach, Florida
33139 (hereinafter referred to as the Consultant).
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 68-02/03, the Mayor
and City Commission adopted Resolution No. 2004-25678, on September 8, 2004, approving
and authorizing the Mayor and City Clerk to execution an Agreement with Chen and
Associates, Inc. (Consultant), in snot-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 Meridian Avenue from 17th to 18th Street, and miscellaneous water and
wastewater main improvements; and
WHEREAS, on December 6, 2006, the City Commission adopted Resolution No.
2006-26388, approving Amendment No. 2 to the Agreement, to include the design of
streetscape improvements on 21St Street, between Park and Collins Avenues, Construction
Administration and Resident Project Representative (RPR) services for Lincoln Road,
between Collins and Washington Avenues; and
WHEREAS, on April 24, 2007, the Capital Improvement Projects (CIP) Office
approved Amendment No. 3 to the Agreement, for snot-to-exceed amount of $16,973, for the
design of bike lanes/routes within t he City Center Right-of-Way Neighborhood Improvement
Project; and
WHEREAS, during the Project design process, it was determined that the essential
components of Lincoln Road east of Washington were to be more closely coordinated with the
West end design; and
WHEREAS, the Consultant has submitted a proposal for additional professional
services associated with the additional scope of work; and
WHEREAS, the total additional fee requested by the Consultant for the additional work
is $24,923; 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. 4 to the Agreement, in an amount not-to-exceed $24,923, for the aforestated additional
services for the Project; and
WHEREAS, this Amendment No. 4 to the Agreement, will revise the total contract sum
to snot-to-exceed total of $2,622,675.
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:
ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this
Amendment No. 4.
2. MODIFICATIONS
The Agreement is amended to include and incorporate the additional work, as set forth
in Schedule "A-4", 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. 4.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
~~
Robert Parcher, City Clerk
APPROVED A
FORM & LANGI
~evl ~~ . C ~ eN icy.. of
Print Name _ ~~
CITY OF MIAMI BEACH, FL,.ORIDA
Print Name
SCHEDULE "A-4"
SCOPE OF SERVICES
Schedule "A" entitled, "Scope of Services", is amended as follows:
ADD the Following under Task 5 -ADDITIONAL SERVICES
Task 5.2 -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 Revisions to Lincoln Road Streetscape Improvements:
The CONSULTANT shall provide professional services for the planning and design of the
revisions to the proposed right of way improvements along Lincoln Road between Washington
and Collins Avenue. The revised streetscape improvements are intended to enhance the
proposed landscaping treatment and to provide additional shade to pedestrian areas. The final
design concept will be developed from community meetings based on local resident and
merchant preferences. The CONSULTANT shall establish a consensus design concept based
on input from the community and which also meets the requirements of City regulatory agencies
(Planning Department and Public Works Departments) and Miami-Dade County Public Woks
Department Traffic Division. The design concept shall meet the following design guidelines:
• Install colored concrete sidewalk with defined pattern
• Install asphalt roadway with brick paver crosswalks
• Install landscaped median
• Introduce shade trees within sidewalk areas
• Enhance pedestrian safety
• Maximize sidewalk areas
• Maintain 4 travel lanes per Public Works Department
• Minimum width of travel lanes per County Requirements (11')
• Existing bus stop location will remain unchanged
• Avoid conflicts with existing underground utilities
• Avoid conflicts between tree canopy and existing buildings
• No shade trees within median per Public Works Department
• Limited groundcover species allowed by Parks & Recreation
• Maintain existing on-street parking spaces per Parking Department
Professional services to be provided by the CONSULTANT shall include:
5.2.21 CONSULTANT shall develop a single conceptual design plan which meets the design
guidelines listed above. The conceptual design plans shall identify basic hardscape
elements (including construction material) and basic planting elements (including tree
and palm massings). The conceptual design plans will include a single CAD plan
reflecting basic hardscape and planting elements and a single conceptual rendering
displaying the hardscape and plant material at a specific area of the project.
Schedule: Within 30 working days of Notice to Proceed
5.2.22 CONSULTANT shall prepare for and conduct a Review Session with the CITY staff. The
CONSULTANT shall prepare draft meeting minutes and forward them to the PROGRAM
MANAGER for review and comments. The CONSULTANT shall finalize and distribute,
accordingly.
Schedule: Within 45 working days of Notice to Proceed
5.2.23 CONSULTANT shall make revisions to conceptual drawings based upon CITY
comments during the Review Session in preparation for the Community Design
Workshop and based on the opinions and thoughts given during the Community Design
Workshop by City officials, residents, and merchants. A maximum of two refinements,
changes, and/or modifications to the conceptual plan is included within the scope.
Schedule: Within 60 working days of Notice to Proceed
5.2.24 CONSULTANT shall prepare for and conduct Community Design Workshop with the
CITY, residents, merchants, and general public. The CONSULTANT shall prepare draft
meeting minutes and forward them to the PROGRAM MANAGER for review and
comments. The CONSULTANT shall finalize and distribute, accordingly.
Schedule: Within 75 working days of Notice to Proceed
TIME OF COMPLETION
The Consultant shall complete the conceptual design, present to the City, Residents, and
Merchants within 75 working days of the Notice to Proceed for the Amendment No. 4.
PAYMENT AND COMPENSATION
The method of calculating fees for the aforementioned proposed additional professional
architectural and engineering services is based on estimated labor plus direct costs. The total
fee proposed for this Scope of Work shall be on anot-to-exceed basis, in the amount of
$24,923. Invoicing will be monthly and based on hourly rates as defined in the current
Agreement between the City and Consultant.
COMPENSATION
• Original Agreement amount $2,144,773.
• Amendment No.1 (Design services for the installation miscellaneous water and
wastewater main upgrades, and improvements on Meridian Avenue from 17th to 18tH
Street,) amount $347,925.
• Amendment No.2 (Design services for the improvements to 21St Street, between Park
and Collins Avenues, Construction Administration and Resident Project Representative
(RPR) services for Lincoln Road, between Washington and Collins Avenues) amount
$88,081.
• Amendment No.3 (Design services for the installation of bike lanes/routes) amount
$16,973.
Amendment No. 4 (Planning of Lincoln Road Streetscape Improvements between
Washington Avenue and Collins Avenue, Neighborhood No. 9C, City Center Right-of-
Way Neighborhood Improvement Project) amount $24,923.
• Revised Agreement amount $2,622,675.
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