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HomeMy WebLinkAboutExhibit 1CITY OF MIAMI AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH METRIC ENGINEERING, INC. FOR CONSTRUCTION ENGINEERING AND OBSERVATION SERVICES FOR NE 2ND AVENUE IMPROVEMENTS AND CITYWIDE ADA SIDEWALK IMPROVEMENTS This Amendment No. 1 to the Professional Services Agreement dated April 1, 2010, (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Metric Engineering, Inc., a Florida corporation, ("Consultant"), for the provision of Construction Engineering and Observation Services for the NE 2nd Avenue Improvements and Citywide ADA Sidewalk Improvements ("Project") is entered into this day of 2011, RECITALS WHEREAS, on April 1, 2010, pursuant to Request for Qualifications No. 08-09-049, the City and the Consultant entered into the Agreement, in the amount of $548,894.40, for the provision of Construction Engineering and Observation Services for all American Recovery and Reinvestment Act ("ARRA") projects consisting of the NE 2nd Avenue Improvements (Segment B1 and C) and Citywide ADA Sidewalk Improvements; and WHEREAS, this project was included on the expedited list of projects and awarded pursuant to Expedite Ordinance No. 13045; and WHEREAS, the City received ARRA federal stimulus funds for transportation projects that need to be executed within ARRA prescribed timeframes; and WHEREAS, construction bids were issued for the ARRA projects and the bid amounts submitted were less than the awarded amounts; and WHEREAS, the City requested that all bid excess funds be reallocated to a new segment of the NE 2nd Avenue Improvements Project; and WHEREAS, this Amendment No. 1 increases the Agreement by $194,916.29, from $548,894.40 to an amount not to exceed $743,810.69, to cover additional services required for the new Segment B2 of the NE 2nd Avenue Improvements Project; and WHEREAS, the additional services include management of compliance requirements of the ARRA funding and other federal reporting requirements; and WHEREAS, the consultant will also perform construction engineering and observation to ensure the contractor's compliance with all applicable Florida Department of Transportation ("FDOT") requirements for road and bridge construction; and 1 NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: 2.03 COMPENSATION 2.03-1 Compensation Limits The amount of compensation payable by the City to Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B hereto, which by this reference is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed Seven Hundred Forty Three Thousand, Eight Hundred Ten Dollars and Sixty Nine Cents ($743,810.69) Five Hundred in total over the term of the Agreement and any extension(s), unless explicitly previously approved by action of the City Commission of City Manager as applicable and put into effect by written amendment to this Agreement. Said fee is comprised of a fee for basic services of $684,039.00 r$a 94:48, plus $39,771.69 $1-5,000.88 for Additional Services and $20,000.00 $15,000.00 for Reimbursable Expenses. The City may, at its sole discretion use other compensation methodologies. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. 2 THE CITY OF MIAMI. FLORIDA CITY OF MIAMI, FLORIDA, a municipal ATTEST: Corporation of the State of Florida By: By: Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: By: By: Julie O. Bru, City Attorney Gary Reshefsky, Director Risk Management Department CONSULTANT ATTEST: METRIC ENGINEERING. INC. By: By: Corporate Secretary Carlos A. Duart, President (Affix Corporate Seal)