Amendment No. 9~~C9- a G ~~ F ;~
AMENDMENT NO. 9
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
EDAW, INC.,
DATED MAY 16, 2001,
IN AN AMOUNT NOT-TO-EXCEED $63,247, FOR ADDITIONAL PERMITTING
ASSOCIATED WITH THE COASTAL CONSTRUCTION CONTROL LINE AND FOR
ADDITIONAL RESIDENT PROJECT REPRESENTATIVE !CONSTRUCTION
ADMINISTRATION SERVICES FOR CONSTRUCTION OF PHASE 1 (EAST OF COLLINS
AVENUE) WITHIN THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO. 6-OCEANFRONT PROJECT; WITH FUNDING FROM
PREVIOUSLY APPROPRIATED 2003 GENERAL OBLIGATION BOND FUND 384,
ALLOCATED FOR CONSTRUCTION IN ACCOUNT 384-2340-069357 AND TO BE RE-
ALLOCATED TO DESIGN ACCOUNT 384-2340-061357.THE IMPROVEMENT PROJECT.
This~Amendment No. 9 to the Agreement made and entered this ~~day of '~A^r u 1171-- a/ ,
200 by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing undelr the
laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami
Beach, Florida 33139 (hereinafter referred to as CITY), and EDAW, INC., a corporation organized
under the laws of Delaware, authorized to transact business in the State of Florida, and 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. 134-99100, on May 16,
2G01, the Mayor and City Commission adopted Resolution No. 2001-24384, approving and
authorizing the Mayor and City Clerk to execute an Agreement with EDAW, Inc., for Professional
Services for the Oceanfront Neighborhood Streetscape and Utility Improvement Project (the
P.greement); and
WHEREAS, the Agreement provides for the planning and design, bidding and award,
construction administration, and reimbursable for the Oceanfront Neighborhood Project (the
Project); and
WHEREAS, the Agreement was executed for anot-to-exceed amount of 5307,690; and
WHEREAS, on March 23, 2004, the Ciryexecuted Amendment No. 1 to the Agreement, for
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, for a total fee
of $323,274; and
WHEREAS, on July 7, 2004, the City executed Amendment No. 2 to the Agreement, for
professional services associated with the initial phase of the Indian Creek Greenway, from the
south limits of Lake Pancoas[, just north of 23rd Street, to the 29"' Street pedestrian bridge; and
WHEREAS, Amendment No. 2 increased the total fee by $139,730, for a total fee of
$463,004; and
WHEREAS, on April 14, 2005, the City executed Amendment No. 3 to the Agreement, for
professional services associated with the extended planning phase and encroachment list
preparation in compliance with the City's standard format; and
WHEREAS, Amendment No. 3 increased the total fee by $18,909, for a total fee of
$481,913; and
WHEREAS, on June 7, 2005, the City executed Amendment No. 4 to the Agreement, for
professional services associated with additional underground utility verification services, in
compliance with the City's standard format; and
WHEREAS, Amendment No. 4 increased the total fee by $15,225, for a total fee of
$497,138; and
WHEREAS, on February 7, 2007, the City executed Amendment No. 5 to the Agreement,
for professional services associated with the incorporation of proposed improvements to the 42"d
Street street end, similar to those proposed at the 38"' Street street end, into the Construction
Documents; and
WHEREAS, Amendment No. 5 increased the total fee by $2,712, for a total fee of
$499,850; and
WHEREAS, on September 6, 2006, the City executed Amendment No. 6, forthe provision
of additional services required to design additional water mains between Indian Creek Drive and
Collins Avenue, as requested by the Public Works Department, and to administer construction and
provide Resident Project Representative services for constnaction eastof Collins Avenue, overan
estimated six (6) month period, up to April 24, 2007; and
WHEREAS, these additional services also included the purchase and implementation of
the E-Builder software throughout the construction period, as well as attendance and execution of
a preconstruction conference with residents to provide an overview of the Project sequencing and
address issues of concern with residents; and
WHEREAS, Amendment No. 6 increased the total fee by $387,028, for a total fee of
$886,878; and
WHEREAS, on July 7, 2007, the City executed Amendment No. 7, for the provision of
additional services required to administer construction and provide Resident Project
Representative services for construction east of Collins Avenue, for an additional six (6) month
construction of phase 1 (East of Collins Avenue), up to October 24, 2007; and
WHEREAS, Amendment No. 7 increased the total fee by 5154,517, for a total fee of
S1,041,395; and
WHEREAS, on June 6, 2008, the City executed Amendment No. 8 to the Agreement is for
the provision of additional design services required to relocate the existing design at the 39"'and
42nd Street ends, west of Indian Creek Drive to the 40'" and 42"` Street ends, west of Indian
Creek Drive, in order to match proposed street geometry and FDOT configuration along Indian
Creek Drive; and
WHEREAS, the Consultant met with the City and Hazen and Sawyer, the City's Program
Manager, and it has been established that this additional service request appears fair and
reasonable; and
WHEREAS, Amendment No. 8 increased the total fee by $15,700, for a total fee of
$1,057,095; and
WHEREAS, the following Amendment No. 9 to the Agreement is for the provision of
additional permitting associated with the coastal construction control line and for additional
resident project representative and construction administrative services; and
WHEREAS, the Consultant met with the City and Hazen and Sawyer, the City's Program
Manager, and it has been established that this additional service request appears fair and
reasonable; and
WHEREAS, this item was presented to the CIP Oversight Committee on January 12,
2009 and was recommended for approval; and
WHEREAS, Amendment No. 9 increases the total fee by $63,247 (See Proposal A), fora
total fee of S1,120,342.
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 tnae and correct and are incorporated as a part of this Amendment
No. 9.
2. MODIFICATIONS
The Agreement is amended to incorporate Proposal "A", attached hereto.
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. 9.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 9 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
CITY CLERK
Robert Parcher
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
~/
AY
Matti Herrera Bower
EDAW, INC.
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