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Agreement with EDAW, Inc. AMENDMENT NO.1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND EDAW, INC. DATED MAY 16, 2001 FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 6 OCEANFRONT. This Amendment NO.1 dated as of ,Tu tV -, , 2004, to that certain Agreement, dated May 16, 2D01, captioned: "Professional Services Agreement Between the City of Miami Beach, Florida and EDAW, INC. for Professional Landscape Architectural and Engineering Services for the Right-of-Way Infrastructure Improvements Program Neighborhood No. 6 - Oceanfront agreement"; the said amendment by and between the City of Miami Beach, Florida (CITY) and EDAW, INC. (CONSULTANT) for Professional Services Associated with the pre-design services of the Phase I of the Indian Creek Greenway Project, from the south limits of Lake Pancoast just north of 23rd Street, to the 29th Street pedestrian bridge, along the Lake Pancoast and Indian Creek water bodies, for a lump sum cost of $139,730.54. RECITALS WHEREAS, the Agreement provides for the planning, design, permitting, bid I award and construction administration services associated with the Oceanfront Neighborhood Project from 24th to 43rd Streets (Project); and WHEREAS, the planning effort for the Oceanfront Neighborhood has been completed and detail design I permitting initiated; and WHEREAS, professional landscape architectural and engineering services for the Phase I of the Indian Creek Greenway Project is required so that the total project funding requirements can be established. 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this First Amendment. 2. MODIFICATIONS The Agreement is amended as follows: A. Schedule A entitled Scope of Services, is amended as follows: Task 5 - ADDITIONAL SERVICES, ADD the following "Task 5.1 -INDIAN CREEK GREENWAY PHASE 1 Background EDAW, Inc., during the summer of 1999, performed preliminary planning services and developed a conceptual design for a pedestrian friendly I recreational corridor along the east limits of the Indian Creek Waterway. This corridor entailed the construction of a pedestrian I recreational corridor with hard surface features, native landscaping, street furnishings and pedestrian level lighting. The limits of the Indian Creek Greenway were to extend from 23rd Street to 63'd Street and connect the Atlantic Greenway project to the North Beach Recreational Corridor. This project would essentially become the linkage between the South and North Beach regions. During the initial planning effort, project design issues were identified such as the lack of property ownership and available uplands to support project construction. EDAW developed three design concepts to accommodate the construction of the project within those areas preliminarily identified as insufficient to accommodate construction. The City has approached certain property owners to discuss the use of non-City owned property and has had limited success securing the necessary approvals to assemble the parcels of properties needed to construct the project. Another project team dilemma consists of the availability of uplands to support construction of the Greenway's ideal corridor width. Alternatives to extend the Greenway corridor into State Submerged Lands have been preliminarily investigated and require further definition with the regulatory agencies. In an effort to implement the Greenway project, the City has identified the following funding sources: Project Description Funding Source Amount Indian Creek Greenway General Obligation Bond $3DO,ODO Shoreline Restoration I Rehabilitation General Obligation Bond $375,000 Indian Creek Greenway Overlooks General Obligation Bond $150,000 Total Identified I Available Funding $825,DOO The City desires to prepare construction documents for a portion of the Indian Creek Greenway to illustrate a demonstration project to the community. Therefore, it has been discussed to develop the design further for an initial phase of the project from approximately the south limit of Lake Pancoast and Indian Creek Drive to just north of the 29th Street pedestrian bridge. This will provide a linkage between the Cultural Campus and the 29th Street pedestrian bridge. Initial reconnaissance level estimates reflect that the value of this initial construction effort will exceed the total identified I available funding. It is understood that the City owns certain sub-areas, parking lots and street ends within the proposed project limits. Factors affecting construction costs include: seawall rehabilitation repairs, submerged lands use and conceptual design refinement I permittability. It is therefore contemplated that the following project approach be followed in an effort to further define project scope requirements: . Design team to establish the existing condition of the project area. · Perform a topographic survey of the project limits from the west side of the Indian Creek Waterway to the east side of the Indian Creek Drive I Collins Avenue right-of- way. · Perform a hydrographic survey of the Indian Creek Waterway within the Project Limits. . Perform an environmental resources inventory of the Indian Creek Waterway. · Meet with the appropriate regulatory agencies to present project description and discuss regulatory agency requirements. · Finalize conceptual design of the Indian Creek Greenway to establish project budget for a funded and unfunded design alternative. Once the conceptual design has been finalized and project-funding requirements are established, detail design I permitting can proceed. The Indian Creek Greenway - Phase I project construction will commence after all property acquisitions have been secured in the form of an easement and I or outright ownership. Time of completion for this Phase I of the Indian Creek Greenway Project shall be 45D calendar days from the issuance of the Notice to Proceed. Task 5.1.1 - Data Collection: The CONSULTANT will compile readily available data relative to existing conditions within the proposed Phase I of the Indian Creek Greenway Project area. The CITY will provide all available data in its possession. This City-provided data will include existing surveys of the proposed Phase I of the Indian Creek Greenway Project area and connector streets (including utilities and other as-built surveys), names of property owners, plans for street and other local improvements, and aerial photographs and maps, if available. The CONSULTANT will prepare a Preliminary Base Map using available surveys, construction plans, and aerial data, as referenced herein. This Preliminary Base Map will be suitable for overlaying and reviewing conceptual design plans prior to completion of the primary project surveys. The Preliminary Base Map will also serve to confirm the additional data that must be obtained for the final base map and can be utilized for the subsequent planning I pre- design effort. Deliverables: Review existing I available data. Prepare Preliminary Base Map. Deliver five (5) sets of preliminary base maps to PROGRAM MANAGER with accompanying electronic files. Schedule: Within 60 calendar days after Notice to Proceed issuance. Task 5.1.2 - Proiect Kick-off MeetinQ: The CONSULTANT will conduct one (1) kick-off meeting with the PROGRAM MANAGER and CITY staff to review available surveys, preliminary conceptual plan documents and permitting requirements. Preliminary project goals, timelines, and budgets will be discussed. Based on this meeting, the CONSULTANT will schedule a Site Reconnaissance Visit. Deliverables: Schedule: Prepare and attend Project Kick-off Meeting. Within 15 calendar days after Task 5.1.1 completion. Task 1.3 - Site Reconnaissance Visit: The CONSULTANT will schedule and attend one (1) visit of the Phase I of the Indian Creek Greenway project site to observe existing conditions, identify potential design opportunities and challenges, and photograph relevant features and areas of interest. The Site Reconnaissance Visit will also serve to preliminarily evaluate the condition of existing shoreline armoring structures, opportunities for development of additional features in or over the water, and any potential impact of planned I ongoing Florida Department of Transportation (FOOT) works to the Project. The feasibility and layout of proposed structures (walkways, view corridors, landscaping, water overlooks I mini-parks, shoreline stabilization and planting, lighting, signage, etc.) will be reviewed. Deliverables: Schedule: Prepare and attend Site Reconnaissance Visit. Within 15 calendar days after Task 5.1.2 completion. Task 5.1.4 (a) - Field Verification of Existinq Conditions - Upland: CONSULTANT shall perform a detailed topographic survey of the existing right-of-way and other upland areas to be impacted by construction activities under the scope of this project. The survey shall be performed by a Certified Land Surveyor in the State of Florida and shall meet the minimum technical standards identified in Chapter 61G17-6, FAC. All survey files shall be prepared in AutoCAD (version 14 or higher) format with a layering system as identified by PROGRAM MANAGER. As a minimum, the survey shall address the following: · Topographic survey shall consist of establishing a baseline with 1 DO-foot stations, and identify right-of-way monuments and sectionalized land corners. Baseline of survey shall be tied into the right-of-way and sectionalized land monuments. Right-of-way information shall be obtained from available records by CONSULTANT. . CONSULTANT shall set benchmarks at convenient locations along the corridor to be used during both the design and construction phases of the project. As a minimum, permanent benchmarks shall be set at 1,DOO-foot intervals along the alignment. CONSULTANT shall tie-in at least two existing government County monuments to vertical circuit and shall take cross sections at 1 DO-foot intervals along the project corridor. The benchmarks shall be derived from existing government benchmarks and be carried into the proposed system using Second Order, Class II procedures. A full listing of benchmark locations shall accompany the survey data. · Cross section elevations shall define all grade breaks such as intersections, swale, edge of pavement, pavement centerline, curb and gutter, edges of sidewalk, driveway connections, right-of-way line, edge of a 1D foot right-of-way offset, encroachments (both natural and built-in), etc. . CONSULTANT shall locate and identify all the existing surface improvements I topographic features that are visible along the corridor, such as the following: . existing valve boxes, water I electrical meter boxes, electrical pull boxes, telephone I cable risers, fences, hydrants, etc. · aboveground and underground utilities, invert elevations of accessible underground utilities (including Indian Creek outfalls), wood I concrete utility poles, culverts, guardrails, pavement limits, headwalls, end walls, manholes, vaults, mailboxes, driveways, side streets, trees, landscaping, traffic signage and any other noted improvements. Survey shall identify fence material I height, landscaping plant materials and driveway construction materials. Palms I tree species shall be identified. Shrubs and I or understory shall be identified by illustrating the outline I boundary of the referenced materials. · Corridor to be surveyed includes the following Phase I of the Indian Creek Greenway Project Limits: South Limit - approximately the south limit of Lake Pancoast West Limit - west water's edge I bulkhead of Indian Creek Waterway North Limit - approximately 2DD feet north of 29th Street north right-of-way East Limit - east right-of-way of Indian Creek Drive I Collins Avenue · Survey limits shall include the entire project limits and an additional overlap of 10 feet on either side of the Phase I of the Indian Creek Greenway Project Limits, or as noted above, whichever is more extensive. · Survey I base map shall be prepared in AutoCAD version 14.D or higher and submitted in an electronic medium with three signed and sealed copies on 22-inch by 34-inch bond paper to the CITY. CAD mapping shall be performed to a scale of 1:1 in the World Coordinate System. Text size shall be 1 DO leroy for a final product at 1 =20 units. . Indicate geometry of perimeter private property plats (inclusive of fences, landscaping and driveways) within the above-referenced project limits. Upon completion of the survey, CONSULTANT shall forward the same to the following agencies with a request to mark I identify their respective utilities on the survey base map. CONSULTANT shall coordinate this effort with each agency in an effort to identify the location of all underground utilities. CONSULTANT shall incorporate utility owner markups I edits into its survey base map file. CONSULTANT shall contact the following entities and request that they each verify locations of their existing improvements in the affected areas: . Florida Power and Light . BellSouth . Miami-Dade Water and Sewer Authority . Charter Communications . Natural Gas . Others as deemed necessary Deliverables: Perform forensic work as noted. Prepare and deliver five (5) signed and sealed hardcopies of the survey to PROGRAM MANAGER plus an additional ten (10) signed and sealed copies for permitting purposes. Schedule: Within 9D calendar days after Task 1.3 completion. Task 5.1.4 (b) - Field Verification of Existina Conditions - Marine: CONSULTANT shall perform a detailed hydrographic survey of the existing waterway areas identified within the Limits Phase I of the Indian Creek Greenway Project identified in Task 1.4 (a) under the scope of this project. All survey files shall be prepared in AutoCAD (version 14 or higher) format with a layering system as identified by PROGRAM MANAGER. As a minimum, the survey shall address the following: . Hydrographic survey shall consist of cross sections at 1 DO-foot intervals along the project corridor to identify the features of the Indian Creek Waterway from the east top of shoreline slope/bulkhead to the west top of shoreline slope/bulkhead . At a minimum, Indian Creek Waterway bottom elevations should be taken every 10 feet along each cross section. Additional elevations shall be established near the existing outfalls located south of 24th, 2th and 29th Streets in an effort to establish the available water depth in the vicinity of the outfalls. Mean low and high water elevations shall also be established. . The hydrographic survey will cover the Phase I of the Indian Creek Greenway Project Limits noted herein and will be tied horizontally and vertically to the upland topographic survey. Deliverables: Perform forensic work as noted. Prepare and deliver five (5) signed and sealed hard copies of the survey to PROGRAM MANAGER plus an additional ten (10) signed and sealed copies for permitting purposes. Schedule: Within 90 calendar days after Task 5.1.3 completion. Task 5.1.4 (c) - Field Investigation of Existing Seawall/ Benthic Community: CONSULTANT shall retain the services of a marine resources biologist to identify the extent of native seagrass, corals or other marine resources within the Indian Creek Waterway that may require consideration during the design, permitting and construction phase. CONSULTANT shall also obtain the services of an engineer-diver to investigate the condition of the existing seawall and document conditions with an underwater video camera / digital still photography. The intent of this investigation is to determine whether the existing steel sheet piles are corroded below the water line and if the replacement structures can be designed to facilitate shoreline stabilization. Existing bulkheads or revetments will be designed to incorporate any of the structurally sound elements of the existing structures, as appropriate. It is understood that barnacles and encrustations may preclude or obscure the underwater investigation. Deliverables: Schedule: Perform forensic work as noted. Prepare and deliver technical memorandum outlining findings / conclusions to PROGRAM MANAGER. Within 90 calendar days after Task 5.1.3 completion. (Note: seagrass survey should be completed during the federally-established May to August growing season). Task 5.1.5 - Final Base Map: CONSULTANT shall develop detailed design base maps for the project including and combining the data collected in Tasks 5.1.1, 5.1.4a, 5.1.4b, and 5.1.4c. The maps shall include an overall key map and partial plans scaled at 1-inch equals 20 feet. CONSULTANT shall prepare final base maps based on the information gathered herein. Copies of base maps shall be distributed to CITY and PROGRAM MANAGER, and will be used for Tasks 5.1.8 and 5.1.1 D. Deliverables: Schedule: Perform forensic work as noted to develop final base maps. Deliver five (5) sets of final base maps to PROGRAM MANAGER with accompanying electronic files. Within 30 calendar days after Task 5.1.4 completion. Task 5.1.6 - PermittinQ Reauirements: CONSULTANT shall review and comply with Chapter 373 of the Florida Statutes, Chapters 40E-4, -4D, and -400 of the Florida Administrative Code, and the South Florida Water Management District (SFWMD) "Basis of Review" for projects in jurisdictional waters. CONSULTANT shall also review and comply with the U.S. Army Corps of Engineers (ACOE) and Miami-Dade County Department of Environmental Resources Management (M- DDERM) regulations to confirm the extent and nature of their jurisdiction over proposed shoreline (marine) improvements. CONSULTANT recognizes that existing remnants of revetments / bulkheads currently in Indian Creek Waterway may pose a unique permitting strategy for the CITY to pursue. CONSULTANT shall confer with any and all regulatory agency representatives to confirm its understandings of permitting requirements. Deliverables: Schedule: Deliver technical memorandum outlining CONSULTANT's findings / conclusions to PROGRAM MANAGER. Within 3D calendar days after Task 5.1.5 completion. Task 5.1.7 - Geotechnicallnvestiaations: CONSULTANT shall perform subsurface investigations to determine soil properties for the design of shoreline stabilization measures. Soil borings will be drilled to obtain an estimated four (4) thirty-foot Standard Penetration Test (SPT) borings. SPT borings will be conducted in accordance with ASTM 0-1586. Laboratory testing will be conducted to visually classify recovered soil samples in accordance with ASTM standards. An engineering analysis and report will be prepared along with recommended geotechnical properties for design. Deljverables: Perform engineering services as noted. Deliver five (5) signed and sealed copies of final geotechnical report to PROGRAM MANAGER. Within 30 calendar days after Task 5.1.5 completion. Schedule: Task 5.1.8 - Refined Conceptual Desiqn and BudQet Cost Opinion: Based on the results of the site visit, final base map and the initial conceptual design developed during the EDAW Summer Student Program 99, the CONSULTANT shall review and refine the conceptual design plans in coordination with CITY staff. CONSULTANT shall prepare a general layout plan presenting conceptual civil, structural, landscape and hardscape design elements. Typical sections / details representing conceptual design for the various project elements shall also be prepared. The level of detail in these conceptual sections / details shall be sufficient for budget grade level estimates and are not intended to be construction details. It is intended that a certain level of effort will be required to assess shoreline stabilization / seawall rehabilitation requirements and separate cost estimates shall be prepared for seawall repair / rehabilitation, new seawall construction and / or shoreline stabilization. Shoreline vegetation may be proposed to enhance shoreline stabilization and / or to provide a more diverse ecosystem and habitat. CONSULTANT shall provide conceptual designs illustrating proposed vegetation layouts, quantities, and species details. Mitigation design elements are not contemplated in this effort. Although, if the regulatory agencies express their desire to require wetland type species along the shoreline, it is anticipated that the CONSULTANT shall provide the necessary professional services to propose conceptual plantings and budget cost impacts. CONSULTANT shall prepare a minimum of three conceptual structural designs for seawall repair / rehabilitation, new seawall construction and shoreline stabilization. The three conceptual designs will be provided to regulatory agencies for and reviewed for permittability. Concepts that receive approval may be applicable for use on future areas of the Indian Creek Greenway. CONSULTANT shall also prepare a minimum of two conceptual designs identifying alternative hardscape / landscape treatments that the project may follow. One alternative will be limited to proposed improvements possible under the current funding allowance. The other alternative shall reflect additional levels of potential improvements that above the current funding amounts.. In addition, CONSULTANT shall prepare preliminary "budget" level cost estimates (+30%, - 15% as defined by the American Association of Cost Engineers) for each alternative treatment indicating opinions of probable cost. Estimates shall present costs by category types (i.e. paving, lighting, landscaping, etc.) and shall be prepared in a Microsoft Excel Spreadsheet format. PROGRAM MANAGER shall provide a template for the requisite cost estimate format to CONSULTANT. Deliverables: Develop conceptual design elements as noted. Develop "budget" level cost estimates for each combination of conceptual structural designs and hardscape /Iandscape treatment. Deliver five (5) sets of refined conceptual design to PROGRAM MANAGER with accompanying electronic files. Schedule: Within 60 calendar days after Task 5.1.6 completion. Task 5.1.9 -Initial Review Meetina with City Staff: CONSULTANT shall attend one (1) meeting with CITY staff to review the Refined Conceptual Design concepts, Budget Cost Opinions and the goals of the pre-Application consultations. PROGRAM MANAGER will prepare meeting minutes. CONSULTANT should anticipate a level of effort to revise its conceptual design elements based upon the CITY's observations. Deliverables: Prepare and attend Review Meeting. Deliver five (5) sets of Conceptual Design Elements to PROGRAM MANAGER with accompanying electronic files. Within 15 calendar days after Task 5.1.8 completion. Schedule: Task 5.1.10 - Pre-Application Consultations and Preliminary Permit Sketches: CONSULTANT shall prepare, coordinate and attend pre-Application consultations with the following agencies to review the proposed Project: · Miami-Dade Department of Environmental Resources Management (M-DDERM) · South Florida Water Management District (SFWMD) · State of Florida Department of Environmental Protection (FDEP) - Division of Environmental Resource Permitting and Division of State Lands · State of Florida Department of Transportation (FOOT) · National Marine Fisheries Service (NMFS) / U.S. Fish and Wildlife Service · United States Army Corps of Engineers (ACOE) · City of Miami Beach Planning and Zoning / Building Departments CONSULTANT shall prepare preliminary permit sketches representing existing and proposed conditions, including upland survey data, seawalls, environmental enhancements, preliminary hydrographic and resource survey data, existing / proposed shoreline stabilization structures, and typical design details to assist the CONSULTANT in illustrating the Phase I of the Indian Creek Greenway Project intent to the regulatory agency(ies). These preliminary permit sketches will be used to illustrate proposed improvements to regulatory agency staff during the pre-Application consultations. A purpose of the pre- Application consultations shall be to confer with the SFWMD and the FDEP as to which agency will take jurisdiction of the Phase I of the Indian Creek Greenway Project if there are combined upland storm water management and in / over water shoreline improvement elements. CONSULTANT shall also discuss with regulatory agency staff the proposed design components that may fall under their jurisdiction, primarily over / in-water elements such as decks, fill, shoreline stabilization, and / or vegetation. Potential levels of review / permitting requirements based upon preliminary project concepts will also be discussed with the regulatory agencies (Nationwide Permit vs. Letter of Permission vs. Individual Permit with the ACOE; General Permit vs. Standard General Permit with the State). State lands restrictions and additional setback requirements will also be reviewed. CONSULTANT shall also discuss with agency staff the proposed design elements of the Project relative to applicable regulations, and obtain feedback as to the potential acceptability of conceptual design elements. Potential mitigation requirements will also be discussed. This information is required to formulate a strategy for development of potentially feasible over and / or in water alternate project elements. CONSULTANT shall prepare meeting minutes of each pre-Application meeting summarizing topics of discussion and conclusions reached. Deliverables: Prepare and attend pre-Application meetings. Prepare meeting minutes. Deliver five (5) sets of preliminary permit sketches to PROGRAM MANAGER with accompanying electronic files. Within 9D calendar days after Task 5.1.9 completion. Schedule: Task 5.1.11 - Second Review Meetinq with City Staff: CONSULTANT shall attend one (1) meeting with CITY staff to review the conclusions reached at the pre-Application meeting(s) and to discuss Phase I of the Indian Creek Greenway Project modifications, if any. CONSULTANT shall be prepared to discuss impacts to the Phase I of the Indian Creek Greenway Project / budget based upon its discussions with the regulatory agencies at the pre-Application meeting(s). It is anticipated that the CITY will provide CONSULTANT with sufficient input to allow CONSULTANT to finalize one conceptual design approach. PROGRAM MANAGER will prepare meeting minutes. CONSULTANT should anticipate a level of effort to revise its conceptual design elements based upon the CITY's observations. Deliverables: Prepare and attend Review Meeting. Deliver five (5) sets of Conceptual Design Elements to PROGRAM MANAGER with accompanying electronic files. Within 15 calendar days after Task 5.1.10 completion. Schedule: Task 5.1.12 - Final Conceptual Desiqn: CONSULTANT shall incorporate into the conceptual design those modifications identified as warranted / preferable by the CITY during the review meeting given regulatory, budgetary and other considerations. CONSULTANT shall prepare its final preliminary "budget" level cost estimates (+30%, -15% as defined by the American Association of Cost Engineers) for the final conceptual design. Estimates shall present costs by category types (Le. paving, lighting, landscaping, etc.) and shall be prepared in a Microsoft Excel Spreadsheet format. PROGRAM MANAGER shall provide a template for the requisite cost estimate format to CONSULTANT. Deljverables: Deliver five (5) sets of Final Conceptual Design to PROGRAM MANAGER with accompanying electronic files. Within 6D calendar days after Task 5.1.11 completion. Schedule: Task 5.1.13 - Community Desian Review Meetinas: CONSULTANT shall attend and participate in up to two (2) community design review meetings to review the design progress and concept at different levels during the design. The CITY will schedule, find locations for, and notify residents of all such meetings. CONSULTANT shall prepare all materials for presentation. At a minimum these shall include "full-size" graphics / renderings, a summary of cost estimates, workshop agendas and requisite handouts of each. Electronic files for each shall be provided to the CITY for posting on its web page. CONSULTANT shall prepare draft meeting minutes and forward them to PROGRAM MANAGER, who shall review, provide comments and distribute, accordingly. TASK 5.6 - REIMBURSABLES Task 5.6.1 - Reproduction Services: CONSULTANT shall be reimbursed at the usual and customary rate for reproduction of reports, contract documents and miscellaneous items, as required to perform the services as outlined above. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 5.6.2 - Travel and Subsistence: CONSULTANT shall be reimbursed at the United States Internal Revenue Service established rate for travel and subsistence, up to the maximum not-to-exceed amount as noted. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 5.6.3 - Survevina. Topoaraphic: CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors to prepare a topographic survey within the project limits to meet the requirements as set forth in sub- tasks 5.1.4 a. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 5.6.4 - Survevina - Hvdroaraphic: CONSULTANT shall arrange for and coordinate the efforts of licensed surveyors to prepare a hydrographic survey within the project limits to meet the requirements as set forth in sub- tasks 5.1.4 b. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. Task 5.6.5 - Geotechnical Evaluation: CONSULTANT shall conduct a preliminary field exploration program to identify typical geotechnical conditions and ascertain the sub surface conditions within the proposed project area to meet the requirements as set forth in sub-task 5.1.7." B. Schedule B entitled Consultant Compensation, is amended as follows: ADD the attached Schedule B-1. C. Schedule C entitled Phase I of the Indian Creek Greenway Project Schedule, is amended as follows: After Task 5 Additional Services, ADD the following: Task 5.1 Indian Creek Greenway Phase 1 ....321 Days. 3. OTHER PROVISIONS All other provisions of the Agreement, as amended, are unchanged, and shall remain in force and effect. 4. RATIFICATION The CITY and CONSULTANT ratify the terms of the Agreement, as amended, as modified by this Amendment NO.1. IN WITNESS WHEREOF, the parties hereto have caused this Amendment NO.1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST ~rJ eaJ Gk CITY CLERK ATTEST ~,,~ U. f!>LA'^- Print Name EDAW, INC. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~L City ADomey Cr; ~. W. ~ -,-()Lt Date