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Amendment No. 3 AMENDMENT NO. 3 TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING (LA / E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND EDAW, INC., DATED MAY 1ti, 2001, IN AN AMOUNT NOT-TO-EXCEED 518,909.90, FOR THE PROVISION OF ADDITIONAL SERVICES ASSOCIATED WITH EXTENDED PLANNING EFFORTS AND ENCROACHMENT IDENTIFICATION, FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO.6 -OCEANFRONT PROJECT. This Amendment No. 3 to the Agreement made and entered this ~ day of ~ ~ 2005, 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 EDAW, INC., having its offices at 1688 Meridian Avenue, Suite 303, Miami Beach, Florida 33139 (hereinafter referred to as CONSULTANT}. RECITALS WHEREAS, pursuant to Request for Qualifications (RFO) No. 134-99/00, the Mayor and City Commission adopted Resolution No. 2001-24384, on May 16, 2001, approving and authorizing the Mayor and City Clerk to execute an Agreement with EDAW, Inc., for Professional Services for the Oceanfront Neighborhood SVeetscape and Utility Improvement Project; and WHEREAS, the Agreement provides for the planning, design, bidding and award, construction administration and reimbursables for Oceanfront neighborhood Project; and WHEREAS, the Agreement was executed for anot-to-exceed amount of $307,690.00; and WHEREAS, the administration has negotiated Amendment No. 1 to the contract for the additional professional services to prepare the permit application, supporting documentation and present the project to the Historic Preservation Board; and WHEREAS, Amendment No. 1 increased the total contract fee by $15,584 fora total fee of $323,274; and WHEREAS, the administration has negotiated Amendment No. 2 to the Agreement for professional services associated with the initial phase of the 1ndlan Creek Greenway from the south limits of lake Pancoastjust north of 23rd Street to the 29d' Street pedestrian bridge along the Lake Pancoast and Indian Creek water bodies: and WHEREAS, Amendment No. 2 increased the total contract fee by $139,730 for a total fee of $463,004; and M-~CeanRoW -'J36 - UNlyZcoS WHEREAS, the Scope of Services of this Amendment No. 3 is intended to address additional services for an extended planning phase and encroachment list preparation in compliance with CITY'S standard format; and WHEREAS, the CONSULTANT has advised the City and Hazen and Sawyer That additional fees are required for the extended planning services due to the extended contract duration and additional effort incurred during the planning phase to reach consensus with the residents; and WHEREAS, the administration has negotiated the extended planning phase fee fora not- to-exceed amount of $8,104.66; and WHEREAS, the CONSULTANT has advised that identifying existing encroachments in the CITY'S format will require additional services; and WHEREAS, the administration has negotiated the additional effort for identifying the existing encroachments in the CITY'S format for anot-to-excoed amount of $10,805.24; and WHEREAS, Amendment No. 3 increased the total contract fee by $18,909.90 for a total fee of $481,913.90; 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, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 3. 2. MODIFICATIONS The Agreement is required to be amended as follows: 2.1 ADD the following task: "Task 5.2 -Extended Planning Phase: CONSULTANT has been granted additional compensation for an extended planning phase due to the extended contract duration and additional effort incurred during the planning phase to reach consensus with the residents." 2.2 ADD the following task: "Task 5.3 -Encroachment Identification In City Format: CONSULTANT shall provide the encroachment listing in the format provided by the CITY in its Design Standards Manual. Encroachments to be identified by the CONSULTANT shall include thoso existing encroachments within the right-of-way. Approximately ninety (90) properties have been identified to have encroachments that need to be identified t removed due to the proposed improvements " 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. 3. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed in their names by their duly authorized officials as of the date first set forth above. EST: ~ CITY MIAMI B A ~, // Jorge hartrand, Acting Director i Capitalt mprovement Projects Office ~ j. ATTEST: (N ~N' ~~ I+~ . ~~ ,rr~~-P~~ t Print Name CONSULTANT: EDAW BY ' Print Nam