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Amendment 3 to PSA w/ EAC Consulting, Inc.aoo~- a~9~ q l~ ~09 - G 7 /- AMENDMENT N0.3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND EAC CONSULTING, INC., DATED MARCH 8, 2006 FOR ADDITIONAL PROFESSIONAL SERVICES, ASSOCIATED WITH SIGNAGE AND PAVEMENT MARKINGS IN THE AMOUNT OF $27,000 FOR THE BISCAYNE POINT RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROJECT. This Amendment No. 3 to the Agreement made and entered into this ~ day of 17A~tlu/4 , 2009, by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing underthe 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 EAC CONSULTING, Inc., a Florida corporation, having its offices at 815 N.W. 57th Avenue, Suite 402, Miami, Florida 33126 (hereinafter referred to as Consultant). RECITALS WHEREAS, pursuant to Resolution No. 2005-25973, dated July 27, 2005, approving an Agreement between the Mayorand City Clerk with Consultant, for Professional A/E Services forthe Biscayne Point Neighborhood Right of Way (ROW) Improvement Project (the Project); and WHEREAS, the Agreement provides for the planning, design, bidding and award, construction administration, and reimbursables for the Project; and WHEREAS, the Agreement was executed for in an amount of $1,186,807; and WHEREAS, Amendment No.1 to the Agreement, in the amount of $129,325 was approved as per Resolution No. 2006-26133, for a total fee of $1,316,132; and WHEREAS, Amendment No.2 to the Agreement, in the amount of $24,924 is being executed administratively, for a total Agreement fee of $1,341,056; and WHEREAS, at this time, the City has negotiated Amendment No. 3, for the provision of Signage and Pavement Markings needed to comply with regulatory agencies; and WHEREAS, this Amendment No. 3 increases the Agreement fee by $27,000, for a total fee of $1,368,056. 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. 3. 2. MODIFICATIONS The Agreement is amended to include Schedule "A-3", attached and incorporated 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. 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. ATTEST: ~~~ City Clerk Robert Parcher ATTEST: TI ~ irn.e s~' ~o ~e r Print Name TITLE: CITY OF MIAMI BEACH By ayor Matti Herrera Bower CONSULTANT: EAC CONSULT By r~ IlJ ! i~ uw. ~ - Cf'Ud ~ S Print Nam T:\AGENDA12009Wanuary 28\ConsentlBiscayne Point Amendment No 3.doc APPROV~ED1 AS TO FORM &~:X GGUAGI & FOA E UTION % 2v k _ ate Schedule A-3 1. SCOPE OF SERVICES Schedule "A" entitled, "Scope of Services", is amended as follows: ADD the following under Task 5 -ADDITIONAL SERVICES Task 5.3 -Signage and Pavement Marking Plans and Details The Consultant shall provide detailed design services for producing a set of contract documents (specifications and drawings) as needed for the construction of Signage and Pavement Markings within the Biscayne Point Neighborhood. In this effort, the Consultant shall be bound by the requirements stipulated in Task 2 -Design Services as adopted via Resolution No. 2005-25973, on July 27, 2005, approving and authorizing the Mayor and City Clerk to execute an Agreement with Consultant for Professional Services for the Biscayne Point Neighborhood Right of Way Improvement Project. Task 5.4 -Construction Administration Services for Street Signing and Pavement Marking The Consultant shall provide construction administration services as needed for the Signage and Pavement Markings within the Biscayne Point Neighborhood. These services are equal in nature to those in this effort, the Consultant shall be bound by the requirements stipulated in Task 4 -CONSTRUCTION ADMINISTRATION SERVICES, as adopted via Resolution No. 2005-25973, on July 27, 2005, approving and authorizing the Mayor and City Clerk to execute an Agreement with Consultant for Professional Services for the Biscayne Point Neighborhood Right of Way Improvement Project. Task 6.7 -Reproduction Services It is agreed that there are no costs for Reproduction services associated with Signage and Pavement Marking Plans and Details. 2. TIME OF COMPLETION Additional design services contemplated by this Amendment are to be completed within the base Agreement schedule, adopted via Resolution No.2005-25973, on July 27, 2005 between the City and Consultant. 3. PAYMENT AND COMPENSATION Compensation: The method of calculating fees for the aforementioned proposed additional professional architectural and engineering services is based on the provisions established in Article 7 of the Agreement with Consultant. • Original Agreement amount $1,186,807 • Amendment No. 1 $ 129,325 • Amendment No. 2 $ 24,924 • Amendment No. 3 $ 27.000 • Revised Agreement amount total $1,368,056