Amendment No. 4 w/ EDAW
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RECEIVED
HAZEN AND SAWYER, P.C.
Miami Beach, Florida
AMENDMENT NO.4
TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL
AND ENGINEERING (LA I E) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
EDAW, INC.,
DATED MAY 16, 2001,
IN AN AMOUNT NOT-TO-EXCEED $15,225.00,
FOR THE PROVISION OF ADDITIONAL PROFESSIONAL SERVICES,
NECESSARY FOR THE IMPLEMENTATION OF THE UNDERGROUND UTILITY
VERIFICATION EFFORTS,
FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO.6 - OCEANFRONT PROJECT
JUN . 'R 20ns
Job No.
This Amendment No.4 to the Agreement made and entered thiJ1'^ day of j fI\\\-e. 2005, by
and between the CITY OF MIAMI BEACH, a Municipal Corporation existing under the laws ofthe
State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, and EDAW, INC., 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 (RFQ) No. 134-99/00, the Mayor and
City Commission adopted Resolution No. 2001-24384, on May 16, 2001, 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; and
WHEREAS, the Agreement provides for the planning, design, bidding and award,
construction administration and reimbursables for Oceanfront neighborhood Project; and
WHEREAS, the Agreement was executed for a not-to-exceed amount of $307,690.00; and
WHEREAS, the administration has negotiated Amendment No. 1 to the contract for the
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 $15,584.00 for a total
fee of $323,274.00; and
WHEREAS, the administration has negotiated 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 Pancoast just north of 23rd Street to the 29th Street pedestrian bridge along
the Lake Pancoast and Indian Creek water bodies; and
WHEREAS, Amendment No.2 increased the total contract fee by $139,730.00 for a total
fee of $463,004.00; and
WHEREAS, the administration has negotiated Amendment No.3 to the Agreement for
professional services associated with the extended planning phase and encroachment list
preparation in compliance with CITY'S standard format; and
WHEREAS, Amendment No.3 increased the total contract fee by $18,909.90 for a total
fee of $481 ,913.90; and
WHEREAS, noted in Task 6.5 of the Scope of Services, the CONSUL T ANT is responsible
for the implementation of underground utility field verification efforts on its respective projects.
This effort is intended to further refine contract documents by selectively investigating "utility"
locations where proposed underground infrastructure will intersect with existing improvements. To
this end, the CITY typically provides a reimbursable allowance of $5,000.00 for the
CONSULTANT'S use in retaining the services of a utility location firm.
WHEREAS, at this time, the CONSULTANT, has advised that it is ready to commence its
underground utility verification effort. The CONSULTANT has provided the City and Hazen and
Sawyer, the City's Program Manager, with a map of its intended locations and the effort appears
reasonable for the anticipated improvements.
WHEREAS, the CITY and Hazen and Sawyer concurs with the CONSULTANT'S findings
that the $5,000.00 allowance is insufficient, and should be increased by an additional not-to-
exceed amount of fifteen thousand two hundred twenty five dollars ($15,225.00), to be
commensurate with the required level of effort to perform 87 test hole locations. This will result in
a total underground utility verification fee of $20,225.00.
WHEREAS, this Amendment increases the total contract fee by $15,225.00 for a total fee
of $497,138.90; and
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 true and correct and are incorporated as a part of this Amendment
No.4.
2. MODIFICATIONS
The Agreement is amended as follow:
TASK 6.5 - UNDERGROUND UTILITY VERIFICATION, DELETE this paragraph in its
entirety and REPLACE it with the following:
"Task 6.5 - Underaround Utilitv 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 thousand two hundred twenty five dollars
($20,225.00), consisting of the original contract amount of five thousand dollars
($5,000.00), and an additional fifteen thousand two hundred twenty five dollar
($15,225.00) amendment. CONSULTANT'S compensation anticipates the performance
of eighty seven (87) underground utility locations. Unused amounts in this allowance shall
be credited back to the CITY at the completion of the project."
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION.
The CITY and CONSUL T ANT ratify the terms of the Agreement, as amended by this
Amendment No.4.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.4 to be
executed in their names by their duly authorized officials as of the date first set forth above.
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CONSULTANT:
EDAW
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Print Name
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Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Date