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Amendment No. 16 w/ CH2M Hill AMENDMENT NO. 16 TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CH2M Hill, DATED MAY 16, 2001, FOR THE PROVISION OF PROFESSIONAL SERVICES ASSOCIATED WITH A MEETING WITH RESIDENTS OF THE 28T" STREET AND PRAIRIE AVENUE CORRIDOR IN AN AMOUNT NOT-TO-EXCEED $2,947 FOR NEIGHBORHOOD NO.8 - BAYSHORE ROW IMPROVEMENTS. This Amendment No. 15 to the Agreement made and entered this 7~' day of December 2007, 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 CH2M Hill, having its offices at 800 Fairway Drive, Suite 350, Deerfield Beach, Florida, 33441(hereinafter referred to as CONSULTANT). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 134-99/00, the Mayor and City Commission adopted Resolution No. 2001-24387, on May 16, 2001, approving and authorizing the Mayor and City Clerk to execute an Agreement with CH2M Hill, for Professional Services forthe Bayshore and Sunset Islands Streetscape Right-of- Way Neighborhood Project (the Project); and WHEREAS, the Agreement provides for the detailed planning services for various streetscape /landscape /utility improvements within the Bayshore and Sunset Islands neighborhood; and WHEREAS, the Agreement was executed for anot-to-exceed amount of $133,174.00; and WHEREAS, the planning effort forthe Bayshore and Sunset Islands neighborhood has been completed and detail design activities are underway; and WHEREAS, on December 10, 2003, the Mayor and City Commission adopted Resolution No. 2003-25432, approving additional design services as Amendment No. 1 to the Agreement, for planning, design, permitting, bidding /award and construction Page 1 of 8 C:IDocuments and SettingslcapimizhlLocal SettingslTemporary Intemef Files10LK42AlAmendmenf No 16 DRAFT To CIP for Finalizing 9-30-08.doc administrative services for the Bayshore and Sunset Islands neighborhood for anot-to- exceed amount of $1,913,302.00; and resulting in a revised contract fee of $2,046,476.OO,and WHEREAS, on February 24, 2005, Amendment No. 2 to the Agreement was executed, to re-package Sunset Islands 1 and 2 from Bid Package 8D to Bid Package 8B at no additional cost; resulting in a revised contract fee of $2,046,476.00 ,and WHEREAS, on November 8, 2005, Amendment No. 3 to the Agreement was executed to include the completion of a topographic survey along Pine Tree Drive from West 28~' Street to West 40' Street along the east side of the road, for anot-to-exceed amount of $12,850.00; resulting in a revised contract fee of $2,059,326.00 and WHEREAS, on February 17, 2006, Amendment No. 4 to the Agreement was executed to include the evaluation, permitting and preparation of construction cost alternatives for the installation of curbs/valley gutters to Sunset Islands 1 and 2; for anot- to-exceed amount of $2,500.00 resulting in a revised contract fee of $2,061,826.00; and WHEREAS, on February 16, 2006, Amendment No. 5 to the Agreement was executed to include the installation of four (4) drainage test wells to provide additional information for the preparation of a Letter of Reasonable Assurance to be submitted to the Florida Department of Environmental Protection (FDEP), as required in the permit application for the Project; for anot-to-exceed amount of $55,863.00 resulting in a revised contract fee of $2,117,689.00; and WHEREAS, on September 6, 2006, Amendment No. 6 to the Agreement was executed to include the installation of "P3.2" classified water main replacements required by the City's Public Works Department; for anot-to-exceed amount of $372,230.00 resulting in a revised contract fee of $2,489,919.00; and WHEREAS, on September 9, 2006, Amendment No. 7 to the Agreement was executed to include the installation of bike lanes/routes required by the City's Public Works Department in a not to exceed fee of $58,128.00 resulting in a revised contract fee of $2,548,047.00; and WHEREAS, on September 28, 2006, Amendment No. 8 to the Agreement was executed to include the installation of alternative parking in the Lake Pancoast area; for a not-to-exceed amount of $24,900.00 resulting in a revised contract fee of $2,572,947.00; and WHEREAS, on September 28, 2006, Amendment No. 9 to the Agreement was executed to include the installation of road edge treatment to Sunset Islands 1 and 2 ;for a not-to-exceed amount of $3,200.00 resulting in a revised contract fee of $2,576,147.00; and Page 2 of 8 C:IDocuments and SettingslcapimizhlLocal SettingslTemporary Internet Files10LK42AlAmendment No 16 DRAFT To CIP for Finalizing 9-30-08.doc WHEREAS, on September 28, 2006, Amendment No. 10 to the Agreement was executed to include the installation of resident requested modifications in the Lake Pancoast area; for anot-to-exceed amount of $8,680.00 resulting in a revised contract fee of $2,584,827.00; and WHEREAS, on August 6, 2007 Amendment No.11was executed for an additional thirty seven (37) soil borings in Sunset Island No. 1 to verify underground utility services / potential conflicts, for a not to exceed fee of $10,400.00 resulting in a revised contract fee of $2,595,227.00; and WHEREAS, on April 11, 2007 Amendment No. 12 was executed for additional services regarding verification of additional underground utilities to avoid conflicts in 103 boring sites along North Bay Road between Sunset Drive and Alton Road, for a not to exceed fee of $27,500.00, and 334 boring sites for Bid Package 8A -Central Bayshore, for a not to exceed fee of $94,675.00, and to perform a traffic study at the intersection of West 28th Street and Prairie Avenue for a not to exceed fee of $20,780 resulting in a not to exceed fee of $142,955.00, resulting in a revised contract fee of $2,738,182.00; and WHEREAS, Amendment No. 13 addresses the additional services required to expand the traffic study of alternative design concepts for the 28th Street and Prairie Avenue intersection previously authorized under Amendment No. 12, for a not to exceed fee of $22,156.00, resulting in a revised contract fee of $2,760,338.00; and WHEREAS, Amendment No. 14 addresses the additional services required to im~lement miscellaneous design revisions to bike lanes, traffic tables, crosswalks, the 28 h Street and Prairie Avenue intersection, and water mains), for a not to exceed fee of $15,403, resulting in a revised contract fee of $2,775,741.00; and WHEREAS, Amendment No. 15 addresses the additional services required to reapply for an expired HPB Order for the BP 8C Lake Pancoast ROW Project, for a not to exceed fee of $2,145.00, resulting in a revised contract fee of $2,777,886.00; and WHEREAS, Amendment No. 16 addresses the additional services required to meet with residents interested in the 28th Street and Prairie Avenue realignment, as a follow-up to efforts that commenced with Amendment Nos. 12 and 13 , for a not to exceed fee of $2,947.00, resulting in a revised contract fee of $2,780,833.00; and WHEREAS, this proposal has been evaluated by Hazen & Sawyer, the City's Program Manager, and the CIP Office, and 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, Page 3 of 8 C:IDocuments and SettingslcapimizhlLocal SettingslTemporary Internet FilesIOLK42AlAmendment No 16 DRAFT To CIP for Finalizing 9-30-08.doc do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 16. 2. MODIFICATIONS The Agreement is amended as defined in Schedule "A-16", attached herein. 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. 16. Page 4 of 8 C:IDocuments and SettingslcapimizhlLocal SettingslTemporary Internet Files10LK42AlAmendment No 16 DRAFT To CIP for Finalizing 9-30-08.doc IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 16 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH ~ ~-~- B City Clerk P ~~irector ATTEST CONSXJLTANT: CH2M HILL ~~~~ By '~~ ~t,~ ,, C~R~E/T~ARY~, /~ t 1Signature n ,.~.. ~~~C~~~'" 1 CS (.~-~ ~,~ c,V(, ~ Ca.\.e,~ ~I lt. P(ebt ~t~.t Print Name Print Name and Title APPROVED AS TO FORM & LANGUAGE & FOR,~CECUTION 1 ~ !4 vg e Page 5 of 8 C:IDocuments and SettingslcapimizhlLocal SettingslTemporary Internet Files10LK42AlAmendment No 16 DRAFT To CIP for Finalizing 9-30-08.doc SCHEDULE "A-16" SCOPE OF SERVICES Schedule "A" entitled, "Scope of Services", is amended as follows: ADD the following under Task 5 -ADDITIONAL SERVICES, after the language added for Amendment No. 15: Task 5.12 -Assist CIP office with resident meeting for 28th Street and Prairie Avenue Reconfiguration Issues: The Consultant shall provide services for preparation, attendance and assistance with presentation at the 28th Street and Prairie Avenue resident meeting. This work commenced with Amendment Nos. 12 and 13, and is now subsequently being revisited with residents to attempt consensus on the proposed design. TIME OF COMPLETION Through February 6th, 2008 Resident Meeting Date. PAYMENT AND COMPENSATION The method for calculating the fees for the aforementioned proposed engineering services is established in Exhibit `A-16' attached, based on estimated labor plus direct costs. The total fee proposed for this Scope of Work shall be on a not-to- exceed basis in the amount of $2,947.00. Invoicing will be monthly and based on hourly rates as defined in the current agreement between CH2M HILL and the City of Miami Beach. CONSULTANT's request for additional services is attached for reference purposes. COMPENSATION • Original Agreement amount $133,174.00. • Amendment No. 1 (Design services for the Bayshore and Sunset Islands Neighborhood) amount $1,913,302.00. • Amendment No. 2 (Re-packaging of Sunset Islands 1 and 2 from Bid Package 8D to Bid Package 8B) amount $0.00. • Amendment No. 3 (Completion of additional topographic survey along Pine Tree Drive) amount $12,850.00. • Amendment No. 4 (Opinion of design, permitting and evaluation of construction cost alternatives for the installation of curbs/valley gutters to Sunset Islands 1 and 2) Page 6 of 8 C:IDocuments and SeftingslcapimizhlLocal SettingslTemporary Internet FilesIOLK42AlAmendment No 16 DRAFT To C!P for Finalizing 9-30-08.doc amount $2,500.00. • Amendment No. 5 (Installation of four (4) drainage test wells) amount $55,863.00. • Amendment No. 6 (Design services for installation of "P3.2" water mains) amount $372,230.00. • Amendment No. 7 (Design services for the installation of bike lanes/routes) amount $58,128.00. • Amendment No. 8 (Design services for the installation of alternative parking in Lake Pancoast area) amount $24,900.00. • Amendment No. 9 (Design services for the installation of road edge treatment in Sunset Islands 1 and 2) amount $3,200.00. • Amendment No. 10 (Design services for the installation of resident requested modifications in the Lake Pancoast area) amount $8,680.00. • Amendment No. 11 (Design services for the installation of test holes) amount $10,400.00. • Amendment No. 12 (Design services for the installation of test holes and performance of a traffic study) amount $142,955.00. • Amendment No. 13 (Expand Traffic Study previously approved under Amendment No. 12) amount $22,156.00. • Amendment No. 14 (Implement miscellaneous design revisions to bike lanes, traffic tables, crosswalks, the 28th Street and Prairie Avenue intersection, and water mains) amount $15,403.00. • Amendment No. 15 (Reapply for new HPB Order for BP 8C Lake Pancoast) amount $2,145.00. • Amendment No. 16 (Meet with Residents of 28th Street and Prairie Avenue) amount $2,947.00. • Revised Agreement amount $2,780,833.00. 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