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HomeMy WebLinkAboutAmendment No. 1 Chen & Assoc. AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CHEN AND ASSOCIATES, INC, DATED SEPTEMBER 8, 2004, IN AN AMOUNT NOT-TO-EXCEED $347,925; FOR THE PROVISION OF ADDITIONAL PLANNING AND DESIGN PERMITTING, BID AND AWARD, AND CONSTRUCTION ADMINISTRATION SERVICES FOR ADDITIONAL STREETSCAPE IMPROVEMENTS, AND MISCELLANEOUS WATER AND WASTEWATER MAIN UPGRADES WITHIN THE BID PACKAGE 9A PROJECT AREA NEIGHBORHOOD NO. 9 (CITY CENTER NEIGHBORHOOD RIGHT OF WAY IMPROVEMENT PROJECT) This Amendment No.1 to the Agreement, made and entered this 8th day of February 2006, 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, having its offices at 5100 NW 33rd Avenue, Suite 250, Ft. Lauderdale, Florida 33309 (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 08, 2004, approving and authorizing the Mayor and City Clerk to execute an Agreement with Chen and Associates, Inc., in an amount not-to-exceed $2,144,773, for Professional Services for the City Center Neighborhood Right of Way 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, and Dade Boulevard to the north, and from Alton Road on the west, to Collins Avenue on the east; and WHEREAS, the Project budget is currently estimated at $10.9 million, for streetscape improvements; $1.6 million for water improvements; and $7 million for stormwater improvements; all for a total of $19.5 million; and Page I of 7 MB:CCRDAROW AMENDMENT No 1 01-23-06. doc WHEREAS, the original Scope of Work for this Project was developed based on input from the various City Departments, and the underground utility infrastructure improvements were identified based on the various utility master plans developed in previous years; and WHEREAS, during the Project planning process, the City's Public Works Department, based on the water mains system evaluation, identified a number of additional water mains and force mains, located within the City Center limits, that needed to be replaced to meet the required level of service; and WHEREAS, the design of additional water mains throughout the City Center neighborhood will add approximately $920,000 to the construction budget, and the additional Consultant fee for this work is $148,384; and WHEREAS, it was discussed and agreed that the Meridian Avenue Streetscape improvements, originally included in the Basis of Design Report (BODR) for the Multi-Purpose Municipal Parking Facility, currently being designed by Perkins + Will, will now be included in the Project; and WHEREAS, the design of the streetscape improvements on Meridian Avenue, from 17th to 18th Street, will add approximately $480,000 to the construction budget, and the additional Consultant fee for this work is $46,874; and WHEREAS, the design of the streetscape improvements on Lincoln Road, from Washington to Collins Avenue, will add approximately $500,000 to the construction budget, and the additional Consultant fee for this work is $98,077; and WHEREAS, an additional Consultant fee, in the amount of $54,590, was requested to cover other direct costs associated with surveying, underground utility verification, traffic analysis and document reproduction required for the new work; and WHEREAS, the revised Project budget is estimated at $11.9 million for streetscape improvements; $2.4 million for water improvements; and $7 million for stormwater improvements, all for a total of $21.3 million; and WHEREAS, it will be necessary to amend the existing Agreement between the City and Consultant, to provide the aforestated additional planning, design, permitting, bid and award, and construction administration services for these improvements; and WHEREAS, the Capital Improvement Projects Office, and the City's Program Manager, Hazen and Sawyer, have evaluated the Consultant's cost proposal and are in agreement that the proposal is reasonable; and WHEREAS, the City Administration recommends approval of the attached Amendment No.1 to the Agreement, in an amount not-to-exceed $347,925, for the aforestated additional services for the Project. Page 2 of 7 MB:CCRDAROW AMENDMENT No I 01-23-06. doc 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: , ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 1. , MODIFICATIONS The Agreement is amended to include and incorporate the additional work, as set forth in Schedule "A-I", attached hereto. . OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. . 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 in their names by their duly authorized officials as of the date first set forth above. ATTEST: Robert Parcher, City Clerk CITY OF MIAMI BEACH, FLORIDA -- Vice-Mayor Saul Gross ATTEST: e'(¥~tary Print Name CONSULTANT: CHEN AND ASSOCIATES, INC PreSldent~ Print Name Page 3 of 7 MB:CCRDAROW AMENDMENT No 1 01-23-06. doc APPROVED ASTO FORM&LANGUAGE & FOR EXECUTION