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Amendment No. 1 to the Agreement with Atlantic Paving Co., Inc. (20/6, — 0293 /2_ AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ATLANTIC PAVING CO., INC FOR THE PAINTING AND STRIPING OF DEDICATED BICYCLE LANES • This Amendment No. 1 (Amendment) to the Agreement is entered into this I P day of Mcifcvr13-e,./ , 2016 (Effective Date), by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and Atlantic Paving Co., Inc., a Florida Corporation, having its principal place of business at 8309 NW 70 Street, Miami, FL 33166 (Contractor), and hereby amends the Agreement as follows: RECITALS WHEREAS, on October 2, 2015, the Procurement Department issued Invitation to Bid No. 2016-002-KB for Painting And Striping Of Dedicated Bicycle Lanes (the ITB), a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, on October 14, 2015, the City Commission approved the award of contract to Atlantic Paving Co., Inc.; and WHEREAS, Pursuant to the ITB, the Contractor agreed to provide Painting and Striping of Dedicated Bicycle Lanes for 16 Street, from Washington Avenue to Alton Road, which services include furnishing of all supervision, labor, materials, tools, equipment and performing all operations required to construct the work in accordance with the ITB (the Agreement); and WHEREAS, the Agreement stipulated a contract sum for the project of $130,986.00, which calculates to $6.50 per sq. ft.; and WHEREAS, the Agreement, pursuant to Section 0200, "Instructions to Bidders," subsection 73. "Additional Services," allows for services to be added to the agreement; and WHEREAS, City staff has determined that $6.50 per sq. ft. is a reasonable price for the Additional Services required; and WHEREAS, in order to improve public safety, the Administration would like to include, as Additional Services under the Agreement, the painting and striping of additional dedicated bicycle lanes using the services of the Contractor, pursuant to the terms and conditions set forth in ITB, as follows: 1. On Alton Road, from South Pointe Drive to 5th Street, including South Pointe drive from Alton Road to Ocean Drive 2. On Prairie Avenue, from 34th Street to 44th Street 3. On Royal Palm Avenue, from 42nd Street to 47th Street 4. On 47th Street, from Pine Tree Drive to Alton Road; and WHEREAS, the painting and striping of dedicated bicycle lanes included in the original scope of work and the Additional Services, collectively, shall be referred to herein as the "Bundled Bike Lanes Project"; and WHEREAS, although the Agreement provides that the parties may add additional services to the Agreement, the cost of the additional services exceeded the authority of the City Manager; therefore, on March 9, 2016, the Mayor and City Commission adopted Resolution No. 2016-29312, which waived the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approved Amendment No. 1 to the Agreement, increasing the scope of work to include the additional locations in the Bundled Bike Lanes Project, for a total amount not to exceed $886,000. NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Contractor hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment No.1. 2. MODIFICATIONS. The Agreement is hereby modified as follows: a. The Agreement is hereby amended to expand the original scope of work to include the following Additional Services for the painting and striping of dedicated bicycle lanes at the following additional locations for an additional cost not to exceed $755,014: Additional Locations: • Alton Road, from South Pointe Drive to 5th Street, including South Pointe Drive, from Alton Road to Ocean Drive • Prairie Avenue, from 34th Street to 44th Street • Royal Palm Avenue, from 42nd Street to 47th Street • 47th Street, from Pine Tree Drive to Alton Road b. The original scope of work and the Additional Services shall be collectively referred to as the "Bundled Bike Lanes Project." c. The time for completion of the Agreement is hereby extended through and including the date the work required pursuant to the Bundled Bike Lanes Project is completed by the Contractor and accepted by the City. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment No.1 and the Agreement, the provisions of this Amendment No.1 shall govern. Page 2 of 3 I IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: / By: ad , h' / , 1 "afael'. G anado, City Clerk ° ilip 'evine, Mayor k II � fS:- - Date Date =�\PM•••••g�.9,�% APPROVED AS TO '.,0 �i0 FORM & LANGUAGE ':.y # & O XE UTION :IN CORP ORATE& Fes: , ._ ‘t-7.. ....*- 0 City Attorney Date 'h'4C' A 6 TM \; FOR CONSULTANT: ATLANTIC PAVING CO., INC. ATTEST: All By: A. !../ I e Pre_iclent trp■ Ai irol a isP (ro I_ Pnn Nam 'rint Name rl h hp ll /0-- /6 Dat Date Page 3 of 3