Amendment No. 2 to PSA with Unidad of Miami Beach, Inc. AMENDMENT NO. 2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
UNIDAD OF MIAMI BEACH, INC.,
DATED MARCH 25, 2011,
FOR PROJECT MANAGEMENT SERVICES RELATIVE TO THE DESIGN,
DEVELOPMENT AND CONSTRUCTION OF CERTAIN IMPROVEMENTS AT
BANDSHELL PARK INCLUDING A TERRACE, TREE RELOCATION, AND
UTILITIES, ADJACENT TO THE NORTH BEACH OCEANFRONT CENTER,
LOCATED AT 7251 COLLINS AVENUE, MIAMI BEACH, FLORIDA.
This Amendment No. 2 to the Agreement made and entered this /6 day of
.y , 2011, by and between the CITY OF MIAMI BEACH, a Municipal
atiorle
Corpo xisting 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 UNIDAD OF MIAMI BEACH, INC., a Florida Not for Profit
Corporation, whose address is 1701 Normandy Drive, Miami Beach, FL, 33139 -1821
(Consultant).
RECITALS
WHEREAS, on January 19, 2011, the Mayor and City Commission adopted
Resolution No. 2011 -27573 waiving, by 5/7ths vote, the competitive bidding
requirement, finding such waiver to be in the best interest of the City, and approving
and authorizing the Mayor and City Clerk to execute a Professional Services Agreement
with the Consultant (the Agreement); and
WHEREAS, the Agreement provides for project management services relative to
the design, development and construction of certain improvements at Bandshell Park,
including a terrace, tree relocation, and utilities, adjacent to the North Beach Community
Center, located at 7251 Collins Avenue, Miami Beach, Florida; and
WHEREAS, the Agreement was executed in the amount of $407,291.76; and
WHEREAS, on June 21, 2011, Amendment No.1 was executed in the amount of
$6,408.48, for the additional cost associated with City requested changes pertaining to
the elimination of the concrete bench along the west side of the terrace, and for the
added terrazzo finish to a portion of the terrace (originally supposed to receive concrete
finish); and
WHEREAS, the following Amendment No.2 to the Agreement is for architectural
and engineering services, permit expediting, owner's representative project
I j ti
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management fees and construction of the northeast quadrant of the North Shore
Bandshell Park, as per adopted Master Plan; and ,
WHEREAS, the scope of work includes the main promenade approach to the
North Beach Community Center, service drive, and electrical for, future lighting
installations; and
WHEREAS, the aforestated work, as set forth in the following Pimendment No. 2,
is for a not to exceed amount of $167,500, which includes a 10% contingency; and
WHEREAS, unused amounts will not be paid out to Consultant.
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
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as e part of this
Amendment No. 1.
2. MODIFICATIONS
The Agreement is amended to include and incorporate the additional work, as set
forth in Exhibit "2 -A ", 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 thie
Amendment No. 2.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.
to be executed in their names by their duly authorized officials as of the date first se
forth above.
ATTEST: CITY OF M MI BEACH
E m By
1 City Clerk Vice -Mayor Ed Tobin
7 Robert Parcher
ATTEST : CONSULTA T:
U D ' OF IAMIBEACH
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Signature (1 Sign-ture
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Print Name / Title Print Name / Title
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City A D
Attachment 4
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` t*/ MIAMI -DADE COUNTY — FLORIDA
i STEPHEN P. CLARK CENTER
Or 2011 r:7 1 L► t,l 10: 1 I;
„ 111 N. W. FIRST STREET, SUITE 220
MIAMI, FLORIDA 33128 -1963
SALLY A. HEYMAN (305) 375 - 5128
COMMISSIONER
April 12, 201 1
Jorge Gonzalez, City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Manager, Mayor and Council:
In the next bond series, money has been allocated for a Capital Improvement (.iOB
Project in your municipality.
Site Description 2011A GOB Balance
Series Amount Coming
Lummus Park $868,103 $626,676
Miami Beach Convention Center $206,500 $4,211,973
Flamingo Park $2,000,000
Band Shell Park $1,500,000
If you have any questions, please call Margie Amador Robinson at 305- 375 -5128.
Sine v,
Sally eym•
Co ssioner
2010 -11 Capital Budget 5 Year Capital Improvement Plan
I. General (2538) pknbandshe - Band Shell Master Plan Improvements
Title Band Shell Master Plan Improvements C Annual
Project #• pknbandshe OPERATING IMPACT Incremental
Department: CIP Office Operating Categories Cost
Manager: Thais Viera Personnel
Category: cip Operating and Maintenance
Domain: Parks Miscellaneous
Location: northshore TOTAL OPERATING COSTS -
Description: This project includes renovations and improvements to the oceanfront portion of North Shore Park, which has not seen significant upgrades in
many years. Phase 1 will include the following elements: reconfiguration and addition of walkways throughout; new service driveway; installation of
an electronic marquee; installation of the Beatles Mandala; demolition of the existing bus shelter; landscaping; irrination; site lighting; redesigned
entrances to the Bandshell Facility and new North Beach Oceanfront Center; fixtures and finishes for public restronms; and site enhancements
associated with the North Beach Oceanfront Center. Unfunded Phase 2 will include the widening of 73rd Street sidrwa/k allowing for the creation of
a multi - purpose path, a new walkway connecting Collins Avenue to the North Beach Recreational Corridor at 72nd . ^ >treet, and associated lighting
and landscape. Improvements will discourage the existing homeless encampment and improve the image of safety and security. (Miami -Dade
County Grant Project: 86 - Miami Beach - Band Shell Park 7275 Collins Avenue).
Justification: K/Os Supported: Ensure Value and Timely Delivery of Quality Capital Projects; Ensure Well- maintained Facilities: rid Increase Satisfaction With
Family Recreational Activities.
Project Timeline' Description Month/Year Description Month/Year
A/E Agreement Award. Dec - 09
Planning Starts: Planning Completion
Design Starts Dec - 09 Design Completion: Dec - 10
Bid Start: tbd Bid Completion. tbd
Construction Contract Award: tbd
Construction Starts: tbd Construction Completion tbd
F \CAPI \$all \Capital Budget \Capital Budget FY10 -11 \CIP BUDGET FY2011 xis 06/30/2011 11 12 AM Parks 1 of 2
2010 -11 Capital Budget 5 Year Capital Improvement Plan
11. Cost Summary (2538) pknbandshe - Band Shell Master Plan Improvements
Appropriated Mid -year Total Beyond
Prior Years October Commission Prior 2011/12 2012/13 2013114 2014/15 2015/16 2016 Total
Cost Category 2010 Appropriation Appropriation
ap161 AR in Public Places Fund 181 0 20,595 0 20595 0 0 0 0 0 0 20595
cm390 Construction Management Fund 390 0 107,418 0 107.418 0 0 0 0 0 0 107,418
co390 Construction Fund 390 1,306,000 (107,418) 0 1,198,582 0 0 0 0 0 0 1,198.582
co161 Construction Fund 161 0 158,418 187,300 343.718 0 0 0 0 0 0 343,718
cf161 Contingency Fund 161 0 187,300 (187,300) 0 0 0 0 0 0 0 0
•
&161 Design d Engineering Fund 181 0 54,000 113,550 187.550 (113,550) 0 0 0 0 0 54 000
de390 Design 8 Engineering Fund 390 194,000 0 (113,550) 80450 113,550 0 0 0 0 0 194.000
Total 1,500,000 418.313 0 1,918,313 0 0 0 0 0 0 1,918,313
81. Funding Summary (2538) pknbandshe - Band Shell Master Plan Improvements
Appropriated Mid - year Total Beyond
Funding Prior Years October Commission Prior 2011/12 2012/13 2013/14 2014/15 2015/16 2016 Total
2010 Appropriation Appropriation
161 Quality of Life Tax Fund - 1% 0 418,313 113,550 531,863 (113,550) 0 0 0 0 0 418.313
390 Miami -Dade County Bond 1,500.000 0 (113,550) 1,386.450 113,550 0 0 0 0 0 1,500.000
Total Funded 1,500.000 418.313 0 1.918.313 0 0 0 0 0 0 1,918,313
Total 383unded 0 0 0 0 0 0 0 0 0 0 0
Total Budget 1,500.000 418,313 0 1,918,313 0 0 0 0 0 0 1.918,313
IV. Explanatlon of Variance from Capital Budget (2538) pknbandshe - Band Shell Master Plan Improvements
Explanation
Note: The request for additional funding will cover the cost associated with the construction of the new public restrooms and terrace at the new Senior Center Building, and additional design for the DEP permitting process The request will also cover
contingency, construction management and art in public places. Note (2): Regarding UNIDAD's Professional Management agreement with the City (going to Commission on July 13, 2011). Funding in the amount of 5113,550 to be advanced from
fund 161 (Quality of Life) to be repaid from fund 390 (County GOB) In future years.
V. Budget Amount By Categories (2538) pknbandshe - Band Shell Master Plan Improvements
Unfunded
Budget % of Budget Funded % of Funded SW W&S UNF Funded SW Funded W&S Funded Other
Art In Public Places: 20,595 1 1% 20,595 1 1% 0 0 0 0 0 20,595
Construction Management: 107,418 5.6% 107,418 5 6% 0 0 0 6 0% 0 0 107,418
Construction: 1,542,300 80 4% 1,542,300 80 4% 0 0 0 0 0 1,542,300
Contingency' 0 0 0% 0 0.0% 0 0 0 0 0 0
Design 248,000 12 9% 248,000 12 9% 0 0 0 0 0 248,000
Equipment 0 0 0% 0 0.0% 0 0 0 0 0 0
Program Management. 0 0 0% 0 0 0% 0 0 0 0 0 0
Total: 1,918,313 100% 1,918,313 100% 0 0 0 0 0 1,918,313
F \CAPI \$all \Capital Budget\Capital Budget FY10 11 \CIP BUDGET- FY2011 xls 06/30/2011 11 12 AM Parks 20/2