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Amendment No. 7 AMENDMENT NO. 7 TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND REYNOLDS, SMITH AND HILLS, INC, DATED SEPTEMBER 5, 2001, FOR THE PROVISION OF PROFESSIONAL SERVICES ASSOCIATED WITH THE VERIFICATION OF ADDITIONAL UNDERGROUND UTILITIES IN AN AMOUNT NOT-TO-EXCEED $27,150 FOR NEIGHBORHOOD NO. 5 - LA GORCE PROJECT. This Amendment No. 7 to the Agreement made and entered this 0~f~ day of ~"~/v'~'~' ,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 Reynolds, Smith and Hills, Inc. (RS&H), having its offices at 6161 Blue Lagoon Drive, Suite 200, Miami Florida, 33126 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 10-0001, the Mayor and City Commission adopted Resolution No. 2001-24551, on September 5, 2001, approving and authorizing the Mayor and City Clerk to execute an Agreement with Reynolds, Smith and Hills, Inc, for Professional Services for the La Gorce Streetscape Right-of-Way Neighborhood Project (the Project); and WHEREAS, the Agreement provides for the detailed planning services for various streetscape / landscape / utility improvements within the La Gorce neighborhood; and WHEREAS, the Agreement was executed for a not-to-exceed amount of $185,291; and WHEREAS, the planning effort for the La Gorce neighborhood has been completed and detail design activities are underway; and WHEREAS, on May 29, 2002,, the Mayor and City Commission adopted Resolution No. 2002-24857, approving additional design services as Amendment No. 1 to the Agreement, for planning, design, permitting, bidding / award and construction administrative services for the Cherokee Avenue Sea wall improvements within the La Page 1 of 5 MB:40005 Amendment No. 7 04 18 05 Gorce neighborhood for a not-to-exceed amount of $45,000; and WHEREAS, on January 8, 2003, the Mayor and City Commission adopted Resolution No. 2003-25096, approving additional design services as Amendment No. 2 to the Agreement, for design, permitting, bidding / award and construction administrative services for various streetscape / landscape / utility improvements within the La Gorce neighborhood for a not-to-exceed amount of $328,410; and WHEREAS, on October 15, 2003, the Mayor and City Commission adopted Resolution No. 2003-25362, approving additional design services as Amendment No. 3 to the Agreement, for design, permitting, bidding / award services for the relocation of existing utility improvements currently located along rear easements of approximately 153 properties, for an amount of $35,999; and WHEREAS, on June 21,2004, Amendment No. 4 to the Agreement was executed, to perform percolation tests and collect additional survey data, to proceed with the design of stormwater improvements within the La Gorce neighborhood, for a not-to-exceed amount of $8,709; and WHEREAS, on November 18, 2004, Amendment No. 5 to the Agreement was executed, to include the development of sketches for alternative traffic flow improvement within the La Gorce Park area, for a not-to-exceed amount of $3,604; and WHEREAS, on February 23, 2005, the City Commission adopted Resolution No. 2005-25813 authorizing the execution of Amendment No. 6 to the Agreement, to include a Scope of Work which consists of additional design services for stormwater improvements for the La Gorce neighborhood, for a not-to-exceed amount of $42,000; and WHEREAS, Amendment No. 7 to the Agreement is to include the verification of additional underground utilities to avoid conflicts in 90 boring sites, for a not-to-exceed amount of $27,150, Inclusive of $5,000 from the original contract agreement and $22,150 as approved by this Amendment No. 7; and WHEREAS, this proposal has been evaluated by Hazen & Sawyer, the City's Program Manager, and the CIP Office. NOW~ THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Page 2 of 5 MB:40005 Amendment No. 7 04 18 05 Amendment No. 7. MODIFICATIONS The Agreement is amended as defined in Schedule "A-7", attached herein. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 7. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 7 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: City Clerk Robert Parcher ATTEST' CITY OF MIAMI BEACH REYNOLDS, SMITH AND HILLS, INC  By Print 'Na-r~e .... rint Name APPROVED A-$ TO FORM & LANGUAGE & FOR EXECUTION Page 3 of 5 MB:40005 Amendment No. 7 04 18 05 biiy Attorney{~ ~.I Date SCHEDULE"A-7" SCOPE OFSERVICES Schedule"A"entitled,"ScopeofServices",isamendedasfollows: TASK 6.5 - UNDERGROUND UTILITY VERIFICATION, DELETE this paragraph in its entirety and REPLACE it with the following: Task 6.5 - Underqround Utility Verification: CONSULTANT shall arrange for and coordinate the efforts of a company to perform test holes using the vacuum extraction method ("potholing") for the purpose of identifying conflicts between the location of existing underground utilities and the proposed underground improvements. Actual locations shall be as directed by CONSULTANT. This task shall be utilized as a tool to verify the horizontal location, elevation, size and type of material of the existing underground utilities, as deemed necessary by CONSULTANT, up to the maximum not-to-exceed amount of twenty seven thousand one hundred and fifty dollars ($27,150), consisting of the original contract amount of five thousand dollars ($5,000), and an additional twenty two thousand one-hundred and fifty dollars ($22,150) as approved by this Amendment. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project. This level of effort shall include that as required for the Consultant to make revisions to its contract documents to reflect the findings of the verification process and address all conflicts identified with existing and proposed installations. TIME OF COMPLETION A test hole report shall be submitted, and the Consultant shall modify its documents to address conflicts, within 5 weeks of receipt of authorization to proceed. PAYMENT AND COMPENSATION The method for calculating the fees for the aforementioned proposed engineering services (Task 6.5) is established in Exhibit 'A' attached, based on estimated labor plus direct costs. The total fee proposed for this Scope of Work shall be on a not- to-exceed basis in the amount of $27,150. Invoicing will be monthly and based on hourly rates as defined in the current agreement between RS&H and the City of Miami Beach. Due to the extent of the Project and the potential for utility conflicts in the field, 90 boring sites have been proposed to be performed by the Consultant. The Consultant will use data from these additional underground location verifications to assist in the design of the Stormwater, water main and streetscape. A detailed scope is defined in Schedule "A-7" above. CONSULTANT's request for additional services is attached for reference purposes. Page 4 of 5 MB:40005 Amendment No. 7 04 18 05 COMPENSATION · Original Agreement amount $185,291.00. · Amendment No. I Null and Void. · Amendment No. 2 (Design services for the La Gorce Neighborhood) amount $328,410. · Amendment No. 3 (relocation of existing utility improvements) amount $35,999.00. · Amendment No. 4 (Percolation tests and additional survey data) amount $8,709.00. · Amendment No. 5 (Development of sketches for alternative traffic flow improvements) amount $3,604.00. · Amendment No. 6 (additional design for stormwater improvements) amount $65,000.00. · Amendment No. 7 (Verification of Additional Underground Utilities) $27,150.00. · Revised Agreement amount $654,163.00. Page 5 of 5 MB:40005 Amendment No. 7 04 18 05 Arcl~Jtectural, EngJneerJng~ Planning and Environmental Services REYNOLDS, SM]TH AND HZLLS, ZNC, 6161 Blue Lagoon Drive, Suite 200 Miami, Florida 33126 Tel: 786.388.0234 Fax: 786.388.8108 March 17, 2005 Mr. Suresh Mistry, PE Engineering Coordinator Hazen and Sawyer, PC 975 Arthur Godfrey Road, Suite 211 Miami Beach, Florida 33140 RECEIVED ~'IAZm~AND SAWYZR, P,C. Miami Beach, Florida 2005 RE: Existing Underground Utility Verification Neighborhood No. 5: La Gorce - ROW ~nfrastructure Tmprovement Program RS&H Project No.: ~112137000 Dear Mr. Mistry: The purpose of this letter is to request additional fees for to verify the location of existing underground utilities in the La Gorce Neighborhood. As part of the design process, it is necessary to field verify location of existing underground utilities to reduce potential conflicts with the proposed improvements. The locating services will be provided by FR Aleman & Associates (see attached Price Proposal) as a subconsultant to RS&J-I. The initial budget for the La Gorce Neighborhood included an allocation of $5,000 for existing underground utility verification. However, this amount will not be sufficient considering the size of the neighborhood and the scope of the work. The additional fee requested to perform the location of existing utiliUes is $22,150, as shown on the attached Fee Schedule Summary Sheet. If you have any quesUons or require additional information, please do not hesitate to contact me at your earliest convenience. Sincerely, REYNOLDS, SMITH AND HILLS, INC. ~t~nley Fardin, PE~ Project Manager .left Easley / RS&H Sam Gonzalez/RS&II X: \ p\ Miami Beach \ LA GORCE MB \ Admin \ Memos \ La Gorce Underground Utility 031705.doc I .ALEMAN & Associates, Inc. CONSULTING ENGINEERS & SURVEYORS 10305 NW 41 Street, Suite 200 Miami, Florida 33178 TEL: (305) 591-8777 FAX: (305) 599-8749 CONSULTING ENGINEERS & SURVEYORS www. FR-Aleman.com Ernail: DStanton @FR-Aleman.com February 16, 2005 REYNOLDS, SMITH, AND HILLS, INC. Attn: Mr. Stanley Fardin, P.E. 6161 Blue Lagoon Drive, Suite 200 Miami, FL 33126 SUBJECT: Price Proposal for Locating Services for La Gorce Neighborhood ROW Improvements City of Miami Beach, Florida Dear Mr. Fardin: In accordance with your request, F.R. Aleman & Associates, Inc., (F.R.A.) is pleased to submit our proposal to provide LOCATING services to your company. Test hole reports will have survey information (station, offset, & elevation). Three swing ties will be taken to three structures on the plans. The measurements on this project have been requested to be provided in Tenths per Mr. Fardin's request. F.R. ALEMAN & ASSOCIATES, INC. SURVEY - LOCATING SERVICES - PRICE PROPOSAL ITEM ITEM DESCRIPTION QUANTITY RATE PRICE Test Holes 90 Holes J $275.00 per Hole $24,750.00 (Survey Included) TOTAL: $24,750.00 FRA based this estimate on the scope provided above and a faxed plan sheet. We are prepared to commence work immediately upon your issuance of a Letter of Authorization. Please do not hesitate to contact me if you have any questions. Very truly yours, D.M. Stanton S.U.E. Manager ACCEPTED AND AGREED: Client: REYNOLDS, SMITH, AND HILLS, INC. By: Title: Date: Page I of 3 Lake Worth - Orlando - Tampa - Jacksonville - Lake City- X:~p~M~am~ BeaclN. A GORCE G~xce Underground Util~y (FR Miami - Tallahassee ATTACHMENT "A" Standard Consultant Agreement F.R. Aleman & Associates. Inc. UNDERGROUND UTILITIES The Consultant will provide all subsurface locating services required for location subsurface utility facilities. Definitions: The term "designate" in this Scope of Services shall mean to indicate, by marking the presence and approximate horizontal depth of all existing subsurface utilities using standard geophysical prospecting techniques. The Consultant does not guarantee the accuracy of such designations as substitutions for as-built information obtained dudng and demolition, excavation, or construction activities. The term "locate' shall mean to obtain an accurate position (horizontal and vertical) of subsurface utilities by excavating a test hole and recording the position. Designate Subsurface Utilities: The service will include, but not be limited to, the following: Obtain all necessary permits from city, county, municipalities or other jurisdictions to allow the Consultant to work in existing streets, roads, etc., for the purpose of marking, measuring and recording the location of existing utilities. Designate, record, and mark the approximate horizontal location of existing utilities and their major laterals to existing buildings by a method approved by the client's Project Manager. The subsurface utility shall be within one (1) foot each side of the existing utility. Determine and provide an approximate depth of all subsurface utilities. Provide all signs and safety devices and/or equipment, including flag persons to control traffic. Secure all utility "as-built" plans, plats, and other data necessary. Locate Subsurface Utilities: This service will include but not be limited to the following: Obtain all necessary permits from city, country municipality or other jurisdiction to allow the Consultant to work in existing streets, roads, etc., for the purpose of excavating, measuring and recording the location and depth of the utility. Coordinate with utility agencies/owners. Neatly cut and remove existing pavements (not to exceed 225-sq. In. Per cut). Page 2 of 3 Miami- Lake Worth - Orlando - Tampa - Jacksonville Lake City - Tallahassee Excavate the cut in such a manner as to prevent any damage to wrappings, coatings or other protective coverings (i.e., vacuum/pressure excavations, hand digging). Furnish and install color-coded permanent above ground markers (i.e., p.k. nails, steel rods), directly above the centerline of the utility structure and record the location of the marker. Provide a restoration of the pavement, within the limits of the cuts, at the time of the backfill. In the event the excavation is in an area other than roadway pavements, the disturbed area will be restored to the condition prior to the excavation. Provide all traffic control in accordance with the City of Miami Beach Public Works Department policy and MUTCD and/or Index 600, labor and equipment. Provide complete clean up of work sites to equal or better condition than before excavation. Provide survey of test holes with F.R.A.'s in-house survey personnel. Notes: 1- Projected schedule is 5 weeks from notice to proceed. 2- Fee proposal is based on assumption that City of Miami Beach will waive all permitting fees. , Page 3 of 3 Miami- Lake Worth - Orlando - Tampa - Jacksonville Lake City - Tallahassee Neighborhood No. 5: La Gorce Proposed "Soft Dig" Locations Location # Sheet # Proposed Utility Conflict Description Comment SW-1 I 54" RCP SW EXIST 18" SW SW-2 1 18" HDPE SW EXIST GAS, EXIST 15" SW SW-3 1 18" HDPE SW EXIST GAS SW-4 1 18" HDPE SW EXIST 8" CIP WM SW-5 1 18" HDPE SW EXIST 6" CIP WM SW-6 1 18" HDPE SW EXIST GAS SW-7 1 18" HDPE SW EXIST GAS SW-8 1 36" RCP SW EXIST 10" SW SW-9 1 42" RCP SW ' EXIST 10" SW SW-10 1 36" RCP SW EXIST 6" CIP WM SW-11 1 24" HDPE SW EXIST GAS SW-12 1 18" HDPE SW EXIST GAS SW-13 1 18" HDPE SW EXIST 6" ClP WM SW-14 3 S-16A EXIST GAS SW-15 3 S-16 EXIST 18" SW SW-16 3 S-7 EXIST 18" SW SW-17 3 24" HDPE SW EXIST 18" SW SW-18 3 24" HDPE SW EXIST GAS SW-19 3 S-18A EXIST GAS SW-20 3 18" HDPE SW EXIST 6" CIP WM SW-21 3 18" HDPE SW EXIST GAS SW-22 3 60" RCP SW EXIST GAS SW-23 3 S-24 EXIST 24" SW SW-24 3 36" RCP SW ABD EXIST 6" CIP WM SW-25 3 18" HDPE SW EXIST 6" ClP WM SW-26 4 36" RCP SW EXIST 6" CIP WM SW-27 5 18" HDPE SW EXIST GAS SW-28 5 S-52 EXIST GAS SW-29 5/7 S-11 EXIST 6" ClP WM SW-30 6 S-4 EXIST 6" CIP WM SW-31 6 S-5C EXIST GAS SW-32 6 S-5B EXIST 6" CIP WM SW-33 6 24" HDPE SW EXIST 15" SW SW-34 6 18" HDPE SW EXIST GAS SW-35 6 42" RCP SW EXIST GAS SW-36 6 18" HDPE SW EXIST 8" SS SW-37 6 30" RCP SW EXIST GAS SW-38 6 54" RCP SW EXIST GAS SW-39 6 54" RCP SW EXIST. GAS SW-40 6 54" RCP SW EXIST 24" CIP WM SW-41 6 24" HDPE SW EXIST 8" SS SW-42 6 24" HDPE SW EXIST 15" SW SW-43 6 24" HDPE SW EXIST 6" CIP WM SW-44 7 24" HDPE SW EXIST 24" CIP WM SW-45 6 18" HDPE SW EXIST 8" TC SS, EXIST 24" WM SW-46 6 18" HDPE SW EXIST 12" SW EXIST 6" ClP WM/EXIST ABD 8" ClP WM SW-47 6 30" RCP SW EXIST 24" WM SW-48 7 S-7A EXIST 6" ClP WM SW-49 7 S-7A EXIST GAS SW-50 6 18" HDPE SW EXIST GAS SW-51 6 S-3A EXIST GAS SW-52 6 18" HDPE SW ABD EXIST 2" GSP WMr EXIST 6" SW SW-53 6 S-19A EXIST 8" SS SW-54 6 18" HDPE SW ABD EXIST 2" GSP WM SW-55 6 S-20 EXIST GAS SW-56 6 30" HDPE SW ABD EXIST 2" GSP WM $W-57 6 30" RCP SW ABD EXIST 8" CIP WM WM-1 1 8" WM EXIST GAS Soft Dig Locations 022105 Sheet 8 of 8 Neighborhood No. 5: La Gorca Proposed "Soft Dig" Locations WM-2 2 8" CROSS EXIST 8" WM WM-3 2 8" x 8" TEE EXIST 6" WM WM-4 2 8" WM EXIST 8" SS & 2" WM WM-5 2 8" WM EXIST 15" SW WM-6 2 8" - 45° BEND EXIST GAS WM-7 2 8" WM EXIST 8" SS & 2" WM WM-8 2 8" X 6" REDUCER EXIST GAS WM-9 2 8" WM EXIST 18" SW WM-10 2 8" X 6" REDUCER EXIST GAS WM-11 2 8" CROSS EXIST 6" WM WM-12 3 8" WM EXIST GAS WM-13 3 8" WM ABANDONED EXIST 6" WM WM-14 3 8" WM EXIST GAS WM-15 3 8" WM ABANDONED EXIST 6" WM WM-16 3 8" WM EXIST GAS WM-17 4 8" WM EXIST 18" SW WM-18 4 8" WM EXIST GAS WM-19 4 8" TEE EXIST 6" WM WM-20 4 8" WM EXIST 18" SW WM-21 4 8" WM EXIST (UNKNOWN) SW WM-22 4 8" WM EXIST GAS WM-23 4 8" WM EXIST 8" SS WM-24 4 8" TEE EXIST 6" WM WM-25 4 8" WM EXIST 18" SW WM-26 4 8" TEE EXIST 6" WM WM-27 4 8" WM EXIST 6" WM WM-28 6 T.S. & T.V. EXIST 24" WM WM-29 6 8" WM EXIST GAS WM-30 6 8" WM EXIST 6" WM WM-31 6 T.S. & T.V. EXIST 24" WM WM-32 7 8" TEE EXIST 6" WM SS-1 2 15" SS EXIST 12" SS Soft Dig Locations 022105 Sheet 8 of 8