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Amendment 1 - Chen & Associates 3/4� AMENDMENT No. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CHEN & ASSOCIATES, INC. DATED MARCH 18, 2009, FOR THE SUNSET ISLANDS I & II NEIGHBORHOOD RIGHT -OF -WAY INPROVEMENT PROJECT, SAID AMENDMENT IN AN AMOUNT NOT -TO- EXCEED $20,757.00; TO PROVIDE REVISIONS TO ORIGINAL PLANS INDICATING ADDITIONAL WATERMAIN REPLACEMENT SEGMENTS This Amendment No. 1 to the Agreement, made and entered this day of X(V4 o 2011, 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 500 Cypress Creek Road, Suite 410, Fort Lauderdale, Florida 33309 (hereinafter referred to as the Consultant). RECITALS WHEREAS, on March 18, 2009, the Mayor and City Commission authorized the execution of an Agreement between the City of Miami Beach and Chen & Associates, Inc. (Consultant), for a not -to- exceed amount of $239,340, for the re- design , bid and award, and construction management services for the Sunset Islands I & II Bayshore Neighborhood 8E right -of -way improvement project (the Project); and WHEREAS, the Project includes improvements to the stormwater system, valley gutter curb upgrades, outfall reconstruction, watermain replacement, and road resurfacing and reconstruction; and WHEREAS, on August 11, 2009, it was determined that additional watermains were needed to be added to the project outside of the original scope of work; and WHEREAS, the consultant 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 $20,757.00; and WHEREAS, City staff have evaluated the Consultant's cost proposal and are in agreement that the proposal is reasonable; and WHEREAS, additional funds have been appropriated within the capital budget for the additional design work; and WHEREAS, Amendment No. 1 to the Agreement will revise the total contract sum to a not -to- exceed total of $260,097. 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. 1. 2. - MODIFICATIONS The Agreement is amended to include and incorporate the additional work, as set forth in Schedule 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 this Amendment No. 1. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed i,n their names by their duly authorized officials as of the date first set forth above-. ATT ST: CITY OF MIAMI BEACH, FLORIDA pet)- Robert Parcher, City Clerk- tr )g . Go ale , g*Mapeager ATTEST: CONSULTANT: CHEN MOO AND ASSOCIATES, INC . Secretary Presides C� Print Name Print Name APPROVED AS TO FORM ,& LANGUAGE FOR EXE 7ION City ttorney Date F: \CAP! \$all \Project Files \Sunset Islands 1 & 2 \Sunset Islands Amendment No. 1.doc Schedule A" Sunset Islands 1 2 Task 5.1 — Additional Design Services - Additional ` Vatermain Replacements Design: As provided by CITY staff, the CITY would like to include .additional watermain replacements within the Sunset Islands 1 &- 2 Bid Package 8E project which will require additional design efforts. The additional proposed watermain replacement segments are to be located at the right -of -way located .along the frontage road of the rear- serviced homes and are generally described below: 1. Two (2) watermain replacement segments on Sunset Island l between North View Drive and West 28` Street (Approx. 813 LF). 2. Four (4) watermain replacement segments on Sunset Island 2 between West 27 h Street and West 25` Street (Approx. 1,760 LF). The CONSULTANT. shall provide professional services, in accordance with the base - scope of services, for the design of additional watermains as listed above and 'identified in the attached Exhibits. This task is limited to the design of additional watermain replacement only. It .is anticipated, that the CONSULTANT will include the design contract documents for these improvements in its Bid. Package 8E contract documents . . set. The CITY will provide additional funding to support these improvements into the project construction budget at a future. date. Professional services to be provided by the CONSULTANT shall include: • Perform a supplemental site survey in accordance with the City of Miami Beach Design Standards • Perform detailed design of additional watermain replacements'as identified above: • Incorporate the detailed design and cost estimate into the contract documents for Bid Package 8E for the 90% design submittal. • Bid / Award services are assumed to be included within the base scope of services as it is the CITY's opinion that this additional work does not represent a material impact to the project from this perspective. Basis of Scope: The above scope was prepared based on the following assumptions: • Incorporating the additional watermains into the BODR via Addendum is not included. Designing trenchless technology means of installation is not included: " It is assumed that the additional watermain will be installed utilizing open.trenches. + Surveying all conflicts with water services located on private property is not included. • CITY will be, responsible. for coordinating conflict removals 'as required. • CITY will be responsible for securing and coordinating all required easements and/or legal agreements for the installation of the: water services .on private property. • CITY will coordinate with property owners to obtain access for surveying, design and construction purposes. Page 1 of 2 0908 t 3Su reset Island I & ll - Additional Services Fee Proposal Additional Water Mains Scope. doc .1 °'Schedule A °' Sunset Islands 1 & 2 Deliverables • Prepare amended construction documents to include additional watermain replacements, design and permitting. • Provide six (6) half size (1l "x17 ") copies of construction plans to CITY at 90 %. and 100% design stages. • Prepare applications and appropriate documents to include additional work and respond to regulatory agency comments. Schedule • Additional design will commence upon notification of Notice ' to Proceed by the . CITY. 90% design stage documents will be completed within 15 working days of receipt of CITY .50% design stage comments. • 100% design stage documents will be completed with working. days of receipt of final regulatory agency /CITY comments. Fees . The above additional services will be completed for a lump sum fee, of $20;757. 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