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Amendment No. 3 dtJLJ3- ZS-30 2. AMENDMENT NO.3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA, AND REYNOLDS, SMITH AND HILLS, INC. FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES FOR THE RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD 5 - LA GORCE PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ 10-00/01). This Amendment No.3, dated as of OcrtJ~ 17 , 2003, to that certain Agreement, dated September 5, 2001, captioned, "Professional Services Agreement Between the City of Miami Beach, Florida and Reynolds, Smith and Hills, Inc, for Professional Landscape Architectural and Engineering Services for the Right of Way Infrastructure Improvements Program Neighborhood 5- La Gorce", by and between the City of Miami Beach, Florida (CITY), and Reynolds, Smith and Hills, Inc, (CONSULTANT) for professional services associated with the detail design, permitting and bidding I award services for utility improvements within the La Gorce neighborhood, for a not to exceed cost of $35,999. RECITALS WHEREAS, the Agreement provides for the detail design, permitting, bidding I award and construction administration services for various streetscape / landscape I utility improvements within the La Gorce neighborhood; and WHEREAS, the planning effort for the La Gorce neighborhood has been completed and detail design activities initiated; and WHEREAS, additional professional landscape architectural and engineering services for the detail design, permitting and bidding I award services for the relocation of existing utility improvements currently located along rear easements of approximately 153 properties to the front of the properties, is required to complement the design efforts for the entire neighborhood. WHEREAS, professional landscape architectural and engineering services for the detail design, permitting and bidding I award services for utility improvements is as shown on Exhibit A-1, 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Third Amendment. 2. MODIFICATIONS The Agreement is amended as follows: 2.1. Agreement for Professional services, Article 12.1, DELETE Article 12,1 in its entirety and REPLACE it with the following Article 12.1: "CONSULTANT herein agrees to indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, MB: Amendment NO.3 - Flns/.DOC A -1 reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the CONSULTANT in the performance of the Agreement." 2.2. Schedule "A" entitled, "Scope of Services", is amended as follows: 2,2,1 DELETE Exhibit A and REPLACE it with the attached Exhibit A - 1. 2.2.2 Task 5 - Additional Services, first paragraph, DELETE the first paragraph in its entirety and REPLACE it with the following: "Additional services to support the water main relocation design effort to be undertaken under Task 2 are described herein. Water main relocation efforts require that new water mains be installed within the public right-of-way (ROW), in lieu of their current location within rear easement along approximately 153 properties in the neighborhood, Therefore, it is necessary to abandon the water infrastructure located within the rear easement, relocate water meters to the right-of-way, and install new water service lines on private property from the relocated meter box to a connection at the abandoned meter box in the rear of the property. It is anticipated that the majority of this work with the exception of the final meter reconnection will be implemented via a trench less technology. It is the intent of these additional services that the CONSUL T ANT performs the following tasks: . Site visit to each affected property. . Field evaluation to investigate and identify existing site conditions, including requisite identification of existing topographic features / improvements to be illustrated on the contract drawing partial plan for the affect property (see attached Exhibits B and C). The CITY shall be responsible for scheduling and coordinating access, by the CONSULTANT, to the affected properties. . Create an address listing of affected properties. . Prepare plan view drawings for each affected property (approximately 153 lots) that illustrates property lines, the property address, existing easements, the public ROW boundary, existing structures, fences, walls, trees, significant existing landscaping, the new water meter location, and the proposed routing for the new service connection from the right-of-way to the rear easement connection point. Exhibits B and C illustrate the base and typical format to be applied to each affected residence by the CONSULTANT during the performance of this work effort. . Require that the construction Contractor develop a pre-existing condition photographic and/or video survey of each affected property, The survey is intended to establish a baseline condition prior to the commencement of construction on each parcel of private property and will be used for dispute resolution with residents, as necessary, . CONSULTANT shall coordinate its efforts with the CITY's efforts to notify each property owner and obtain property owner approval for the respective proposed water service route through its property, In this capacity, the CONSULTANT is not expected to attend meetings with individual residents that the CITY may schedule. However, the CONSULTANT may be required to attend up to two (2) general MB: Amendment No, 3 - Fins/DOC A-2 meetings with residents to discuss proposed procedures and general issues. . CONSULTANT shall make a one (1) time revision to the to the drawings to comply with changes requested by the property owners and approved by the City following completion of the second general meeting with the residents," 2.3 Schedule B entitled Consultant Compensation, is amended as follows: ADD the attached Fee worksheet. 3, OTHER PROVISIONS All other provisions of the Agreement, as amended, are unchanged, MB: Amendment NO.3 - Final,DOC A-3 4. RATIFICATION The City and Consultant ratify the terms of the Agreement, as modified by this Amendment NO.3. IN WITNESS WHEREOF, the parties hereto have caused this Amendment 3 to be executed in their names by their duly authorized officials as of the date first set forth above. Attest J!ilM P{U~ CITY CLERK Witness Print Name MB: Amendment No.3 - Final.DOC CITY OF MIAMI BEACH, FLORIDA MAYOR CONSULTANT if"'1IIL I I ~ ~ --.\OSE.-L. ~\'C.'l ~t \A~f:... \~~c;.. " / Print Name and Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ ' /.'2--~/-q __~ Date A-4 I ggggglillillil lillilgglillillil lillillil g lillilg .. !!. ~ .. ! i oooioooo' ! ! ooooooooi 00 0 0 000 &1 .. I ",1~~<D(o ~.,- N...-...... I ':;I I.. 00 000000 I I I i o 00 00100.010 00 oioio 010!0 0000000 00 0 0 000 ! 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PROPOSED 8" W.M. o " /' I 2 APPROXIMATE SCALE :1"=20'-0":1: D. ~ ~ CITY OF MIAMI BEACH RIGHT-OF-WAY IMPROVEMENT PROGRAM WATER SERVICE/METER RELOCATION PLAN EXHIBIT 'B" SAMPLE - WA TER SERVlCE/ METER RELOCATION PLAN NORMANDY ISLES/SUD NEIGHBORHOOD No, 4 o 1465 BIARRITZ DRIVE SHEET 14 of 450 - , V, D. . 'D ~ ,c ~ o ~ / lC W ~ '" '" / ~ o ~ / I " '" -" I ~ o '" APPROXIMATE (MINIMUM) SCALE: 1"=20'-0" RIGHT-OF -WA Y IMPROVEMENT PROGRAM WATER SERVICE/METER RELOCATION PLAN ~ ADDRESS f I (NORTH UP OR TO THE RIGHT) EXHIBIT 'c' BASE-WATER SERVlCE/ METER RELOCATION PLAN NEIGHBORHOOD NAME NEIGHBORHOOD No, _ SHEET _ of _