Amendment No. 1 6�gljo
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AMENDMENT NO. 1
TO THE PROFESSIONAL ARCHITECTURE
AND ENGINEERING (A/E) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
MCCUMBER GOLF, INC.,
DATED JUNE 9, 2010
IN LUMP SUM FEE OF $294,500.00 PLUS AN ADDITIONAL NOT-TO-EXCEED AMOUNT
OF $92,600.00 FOR APPROVED REIMBURSABLES
FOR THE PAR 3 GOLF COURSE PROJECT PURSUANT TO RESOLUTION NO. 2010-
27407/REQUEST FOR QUALIFICATIONS NO. 07-09/10
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This Amendment No. 1 to the Agreement made and entered this day of 11✓1 C
2013, by and between the City of Miami Beach, Florida, a municipal corporation existing under the
laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami
Beach, Florida 33139 (hereinafter referred to as "CITY"), and McCumber Golf, Inc., having its
offices at 7502 Plantation Bay Drive, Jacksonville, Florida 32254 (hereinafter referred to as
"CONSULTANT").
RECITALS
WHEREAS, pursuant to Request for Qualifications("RFQ") No. 07-09/10,the Mayor and
City Commission adopted Resolution No. 2010-27407, on June 9, 2010, approving and
authorizing the Mayor and City Clerk to execute an Agreement (the Agreement) with the
Consultant, for Professional Services for the Par 3 Golf Course Project (the "Project"); and
WHEREAS, the Agreement was executed for a negotiated lump sum fee amount of
$294,500, plus an additional not-to-exceed amount of$92,600 for approved reimbursables; and
WHEREAS, the Project is comprised of improvements to redesign the par 3 golf course.
The scope of services includes design, bid and award services and construction management
services of the Project to include a 9-hole par 3 golf course ("Par 3 Golf Course") and other
amenities including, without limitation, tennis courts, jogging trail, tot lot, children's splash pad,
restroom facility, parking lot, lighting and irrigation design and additional streetscape/hardscape
improvements (the "Amenities"); and
WHEREAS,during the course of the design and planning phases of the Project,numerous
issues and disputes arose between the CITY and CONSULTANT with respect to the quality and
constructability of CONSULTANT's work at the Project; and
WHEREAS,on January 28, 2013,the CONSULTANT submitted a proposal for additional
fees for additional service items associated with alleged changes in its scope of services for the
Project in the amount of Fifty-Five Thousand Three Hundred Six Dollars and 50/100 Cents
($55,306.50) ("January 28, 2013 Cost Proposal"); and
WHEREAS, CITY staff evaluated the CONSULTANT's January 28, 2013 Cost Proposal
and found certain items reasonable and others unacceptable and therefore rejected; and
WHEREAS, following negotiations as to the disputes pertaining to the quality and
constructability of CONSULTANT's work at the Project and the January 28, 2013 Cost Proposal,
the CITY and CONSULTANT have entered into a Settlement Agreement ("Settlement
Agreement"), whereby the Parties have agreed to a reduced negotiated sum for the additional
service items set forth in the January 28, 2013 Cost Proposal and to modify the CONSULTANT's
scope of work on the Project to eliminate services pertaining to the Amenities;
WHEREAS, in accordance with the terms and conditions of the Settlement Agreement,
incorporated herein,Amendment No. 1 to this Agreement will remove the Amenities component of
the Project from CONSULTANT's scope of work, reducing the original Agreement's lump sum fee
amount by Eighteen Thousand Eight Hundred Forty-One Dollars and 00/100 Cents($18,841.00);
WHEREAS, in accordance with the terms and conditions of the Settlement Agreement,
attached hereto and incorporated herein,Amendment No. 1 to the Agreement shall provide for the
CITY to pay CONSULTANT a not-to-exceed amount of Twenty Four Thousand Nine Hundred
Seventy-Five Dollars and 00/100 Cents ($24,975.00), in connection with the additional service
items set forth in the January 28, 2013 Cost Proposal,' modifying the Agreement's lump sum fee
amount to Three Hundred Thousand Six Hundred Thirty-Four Dollars and 00/100 Cents
($300,634.00), plus the original Agreement's not to exceed amount of Ninety-Two Thousand Six
Hundred Dollars and 00/100 Cents($92,600.00)for reimbursables,which remains unchanged by
this Amendment No. 1.
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 incorporate the Settlement Agreement and amended scope
of services set forth therein, 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.
1 Exhibit C to the Settlement Agreement, incorporated herein, sets forth the additional service items requested in
CONSULTANT's January 28,2013 Cost Proposal and corresponding amounts approved by the CITY related thereto.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY F MIAMI BEAC FLORIDA
Raphael E. Granado, ' y Clerk
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ATTEST: CONSULTANT:
MCCUMBER GOLF, INC.
Se tary Pre den
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APPROVED AS TO
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