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HomeMy WebLinkAboutAmendment No. 5 Chen and Associatesa0~~-~s-~ 7~ 9/~/~ ~ AMENDMENT No. 5 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 $23,935; FOR THE PROVISION OF ADDITIONAL PROFESSIONAL SERVICES NECESSARY FOR DESIGN REVISIONS TO THE BID PACKAGE 9B: CITY CENTER -COMMERCIAL DISTRICT RIGHT OF WAY NEIGHBORHOOD IMPROVEMENT PROJECT; NECESSITATED BY THE MIAMI-DADE COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC DIVISION This Amendment No. 5 to the Agreement, made and entered this 5th day of May 2008, 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 700, 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 execute an Agreement with Chen and Associates, Inc. (Consultant), in anot-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; from Alton Road on the West; and 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, in an amount not-to- exceed $347,925, to include the design of streetscape improvements on Lincoln Road, between Collins and Washington Avenues; and WHEREAS, on December 6, 2006, the City Commission adopted Resolution No. 2006-26388, approving Amendment No. 2 to the Agreement, in an amount not-to- exceed $88,081, to include the design of streetscape improvements on 21St Street, between Park and Collins Avenues, and 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 executed Amendment No. 3 to the Agreement, in an amount not-to-exceed $16,973, for the design of bike lanes/routes within the Project; and WHEREAS, on September 5, 2007, the Capital Improvement Projects (CIP) Office executed Amendment No. 4, in an amount not-to-exceed $24,923, for the additional planning services for the proposed improvements along the Lincoln Road corridor, between Washington and Collins Avenues (Bid Package 9C); and WHEREAS, the Consultant has submitted a proposal for additional professional services associated with the additional scope of work associated with redesign of improvements within the Bid Package 9B City Center Commercial District Project, necessitated by the Miami-Dade County Public Works Department Traffic Division; and WHEREAS, the total additional fee requested by the Consultant for the additional work is $23,935; and WHEREAS, this Amendment No. 5 to the Agreement, will revise the total contract sum to snot-to-exceed total of $2,646,610. 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. 5. 2. MODIFICATIONS The Agreement is amended to include and incorporate the additional work, as set forth in Schedule "A-5", 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. 5. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: Robert Parcher, City Clerk CITY OF MIAMI or E. C rtr~ nd, CIP Director CONSU I` T: CHE N 'ASSOCIAT gy Presi ~ P~~.EA ~ov~,~- Print Name APPROVED AS TO FORM & LANGUAGE +8~ FOR EXECUTION ~ Iq Off ac ~~ ~~ Print Name SCHEDULE "A-5" SCOPE OF SERVICES Schedule "A" entitled, "Scope of Services", is amended as follows: ADD the Following under Task 5 -ADDITIONAL SERVICES Task 5.8 -Additional Design Services The CONSULTANT shall furnish additional design services associated with the City Center Neighborhood Right-of-Way Improvements (Project) as noted below: Task 5.8 Design Revision to BP 9B City Center Commercial Districts: During the permitting reviews held with the Miami-Dade County Public Works Department (MD PWD) Traffic Division, certain improvements previously approved on a conceptual level, were subsequently rejected. Consequently, the CONSULTANT is required to revise the 100% design completion stage documents to reflect revisions necessitated by this regulatory agency. Although CONSULTANT is required to produce a permittable set of documents under the base scope of the Agreement, it was agreed by the CITY that the revisions being requested by the MD PWD were outside of the control of the CONSULTANT, as they represented new issues and questions that involved planned facilities such as the New World Symphony Project and pre-existing conditions on 17th Street. In order to proceed with the bidding and construction phases of the Project, the CITY decided to delete these portions of he project from the current contract scope. A complete listing of the services to be provided in this Amendment are attached. TIME OF COMPLETION The Consultant shall incorporate the design changes and update the associated cost estimate for the design modifications for Bid Package 96 for the 100% bid set submittal. 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 snot-to-exceed basis, in the amount of $23,935, as set forth in Schedule B also attached. 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 of miscellaneous water and wastewater main upgrades in the amount of $347,925. • Amendment No. 2 Design services for the improvements to 21St Street, between Park and Collins Avenues, and Construction Administration and Resident Project Representative (RPR) services for Lincoln Road, between Washington and Collins Avenues) in the amount of $88,081. • Amendment No. 3 Additional Design services for the installation of bike lanes/routes in the amount of $16,973. • Amendment No: 4 Additional Planning Services for BP 9C in the amount of $24,923. • Amendment No. 5 Redesign Services for BP 9B in the amount of $23,935. • Revised Agreement amount $2,646,610. &ASSOCIATES Civil and Environmental Engineers April 10, 2008 City of Miami Beach Capital Improvement Projects Office 1700 Convention Center Drive Miami Beach, Florida 33139 ATTN: Carla Dixon Subject: City Center Right of Way Infrastructure Improvement Project Additional Services Request Dear Ms. Dixon: Per our discussions at our project meeting on February 28th, 2008, Chen & Associates is hereby submitting the enclosed fee proposal. for the additional work on Bid Package 9B of the City Center Right of Way Infrastructure Improvement Project. The scope for the proposed contract amendment is enclosed along with an associated fee schedule for the following additional work: • Amendment #5 -Additional Design Services for Miscellaneous Plan Revisions (Bid Package 9B) Please do not hesitate to contact me if there are any additional questions or more information is needed. I can be reached at mbuick~chenandassociates.com via email or (786) 497-1500x109 via telephone. Respectfully submitted, .~'~L Michael Buick, P.E. CHEN AND ASSOCIATES Senior Engineer °We are diverse and Gighiy muiivatrd projessionnls bui/dJng solutions jor you wJrk a pnssi~a. Secat~.se we believe. " DROWARD ~Y11AYi[-I)AUE TREASORE COAST 500 West Cypress Creek Road -Suite 410 420 Lincoln Road -Suite 700 500 Australian Avenue -Suite 61 ~ Fort Lauderdale, Florida 33309 Miami Beach, Florida 33139 West Palm Beach, Florida 33401 Tel: (954) 730-0707 Tel: {786) 497-1500 Tel: (561) 746-b900 Fax•f9541730_?030 Fax~l7R(il 491-2300 Fax (Sb1)746-R333 AMENDMENT NO. 5 SCOPE OF SERVICES ADDITIONAL DESIGN SERVICES FOR THE MISCELLANEOUS PLAN REVISIONS CITY CENTER -NEIGHBORHOOD N0.9B Task 2.6 Document Revisions: The CONSULTANT shall provide professional services required to implement the miscellaneous plan revisions to the proposed right of way improvements within Bid Package 9B of the City Center project. These miscellaneous plan revisions are needed to finalize the construction documents to reflect the design changes requested by the City and to meet the regulatory requirements of Miami-Dade Traffic Engineering. Upon completion of these document revisions, the construction documents for Bid Package 9B will be ready for the bidding phase. The professional services to be provided by the CONSULTANT under this amendment shall include: 2.6.1 The CONSULTANT shall revise the design plans to reflect the elimination of the proposed center medians along 17"' Street between Alton Road and Washington Avenue due to the regulatory requirements of Miami-Dade Traffic Engineering. The plan revisions will be conducted within all disciplines impacted by the elimination of the median, which includes Demolition (DM), Hardscape (HS), Paving & Grading (PG), Pavement Marking &Signage (PM), Landscaping (LS), Irrigation (IR), and Electrical (EL). 2.6.2 The CONSULTANT and its electrical engineering subconsultant shall revise the electrical plans as necessary to reflect the reduction of light fixtures within Bid Package 9B. Uplight fixtures were originally proposed at palm tree locations within the medians along 17`h Street. These proposed uplight fixtures will be eliminated along with the proposed medians. The reduction of light fixtures within the project area will potentially impact the location of the electrical service point(s), the sizing of electric wiring and conduit, and the configuration of the electrical control panel. These revisions are necessary to ensure electrical items are not oversized and to minimize unnecessary construction costs due to oversized electrical items. 2.6.3 The CONSULTANT shall revise the design plans to reflect the reduction of the existing Swale area along the west side of Convention Center Drive due to the expansion of pavement area for the P-Lot parking area. Due to the narrower Swale areas, the proposed landscaping will need to be scaled back in this location. The plan revisions will be conducted within all disciplines impacted by expansion of the parking area, which includes Demolition (DM), Hardscape (HS), Landscaping (LS), Irrigation (IR), and Electrical (EL). 2.6.4 The CONSULTANT shall revise the design plans to identify portions of the project area to be "Not In Contract" (N.I.C.), as requested by the City. The plan revisions will be conducted within all disciplines, which includes Demolition (DM), Hardscape (HS), Paving & Grading (PG), Pavement Marking &Signage (PM), Landscaping (LS), Irrigation (IR), and Electrical (EL). The roadways adjacent to the proposed New World Symphony project shall be identified as N.I.C. and will include the following areas: • Pennsylvania Avenue between 1Th Street and Lincoln Lane North • Lincoln Lane North between Pennsylvania Avenue and Washington Avenue • South sidewalk area along 17`h Street between Pennsylvania Avenue and Washington Avenue 2.6.5 The CONSULTANT shall revise the design plans to reflect the regulatory requirements of Miami-Dade Traffic Engineering, which are focused on the pavement markings and signage. The plan revisions will be conducted within all disciplines affected by the regulatory requirements of Miami-Dade Traffic Engineering, which includes Demolition (DM), Hardscape (HS), Pavement Marking & Signage (PM), and Landscaping (LS). 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