Amendment No. 9 AMENDMENT NO. 9
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 $13,750.00 FOR
NEIGHBORHOOD NO. 5 - LA GORCE PROJECT.
-'w'~ of
This_Amendment No. 9 to the Agreement made and entered this ~ day
~'~4 ~ ,2005, by and between the CiTY OF MIAMI BEACH,~nicipal
C(Jrpora~ion 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
$185,291.00; 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
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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 and includes Cherokee Avenue seawall rehabilitation/replacement for a
not-to-exceed amount of $333,932.00; 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 $35,999.00; 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 $8,709.00; 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 $3,604.00; 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 $42,000.00;
and
WHEREAS, Amendment No. 7 to the Agreement is yet to be executed, to include
the verification of additional underground utilities to avoid conflicts in 90 bodng sites, for a
not-to-exceed amount of $27,150.00, Inclusive of $5,000.00 from the original contract
agreement and $22,150.00 as approved by this Amendment No. 7; and
WHEREAS, Amendment No. 8 to the Agreement is yet to be executed to include
design of various streetscape improvements and a traffic study in the La Gorce
Neighborhood, for a not-to-exceed amount of $22,829.00; and
WHEREAS, Amendment No. 9 to the Agreement is to include the verification of
additional underground utilities to avoid conflicts in 50 boring sites, for a not-to-exceed
amount of $13,750.00; and
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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
Amendment No. 9.
MODIFICATIONS
The Agreement is amended as defined in Schedule "A-9", 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. 9.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 9 to be
executed in their names by their duly authorized officials as of the date first set forth
above.
ATTEST:
City Clerk
ATTEST'
// / J o rgC/_,,E_..C h a rtra..n.d-
%--~' ~o't~' SECRETARY
Print Name
REYNOLDS, SMITH AND
HILLS, INC
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Att°m~ D
SCHEDULE "A-9"
SCOPE OF SERVICES
Schedule "A" entitled, "Scope of Services", is amended as follows:
TASK 6.5 - UNDERGROUND UTILITY VERIFICATION, DELETE this paragraph in
its entirety and REPLACE it with the following:
Task 6.5 - Underground 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 ($27,150.00), consisting of the original
contract amount of five thousand dollars ($5,000.00), and an additional twenty two
thousand one-hundred and fifty dollars ($22,150.00) as approved by Amendment
No.7 and an additional thirteen thousand seven hundred and fifty dollars
($13,750.00) 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 $13,750.00. 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, an
additional 50 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-9" above.
CONSULTANT's request for additional services is attached for reference purposes.
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COMPENSATION
·Original Agreement amount $185,291.00.
Amendment No. 1 Null and Void.
· Amendment No. 2 (Design services for the La Gorce Neighborhood and includes
Cherokee Avenue seawall rehabilitation/replacement) amount $333,932.00
· 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
$42,000.00
· Amendment No. 7 (Verification of Additional Underground Utilities to avoid conflicts in
90 boring sites) $22,150.00.
· Amendment No. 8 (Design of various streetscape improvements and traffic study)
amount $22,829.00
· Amendment No. 9 (Verification of Additional Underground Utilities to avoid conflicts in
50 boring sites)) ~;13,750.00
· Revised Agreement amount ~;668,264.00
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Architectural/Engineering, Plannin~ and Environmental ~ervice$
REYNOLDSf SMITH AND HTLLSf ZNC,
6161 Blue Lagoon Ddve, Suite 200
Miami, Florida 33126
Tel: 786.388.0234 Fax: 786..388..8108
May 26, 2005
Mr. Suresh Mistry, PE
Engineering Coordinator
Hazen and Sawyer, PC
975 Arthur Godfrey Road, Suite 211
Miami Beach, Florida 33140
RE:
Existing Underground Utility Verification - Amendment No. 7
Neighborhood No. 5: La Gorce - ROW Infiastructure improvement Program
RS&H Project No.: 1112137000
Dear Mr. Mistry:
As discussed at the Progress Meeting on May 24, 2005, the purpose of this letter is to request additional funds to
verify the location of existing underground utilities in the La Gorce Neighborhood.. On April 27, 2005, the Oty
issued a Notice to Proceed, for Amendment No.. 7 to the Agreement, to perform ninety (90) test holes to locate
existing underground utilities. Our subconsultant, FR Aleman & Associates, is currently performing this work but
has advised us of a number of potential conflict between the proposed and existing utilities that were not
previously identified.
The request for the 90 test holes was based upon information received from the utility companies as part of Task
2.1 of the Agreement. However, it appears that the information received from the utility companies was
incomplete and based upon the data collected in the field, the following is a list of the additional test holes
required:
Existing Gas lines -
Existing Electrical Conduits -
Existing Cable TV Lines -
Existing Telephone lines -
Existing Water Main -
20 locations
17 locations
3 locations
2 locations
8 locations
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 cost to perform each test hole is $275. We are therefore
requesting an increase of $13,750 in the budget for this task to perform the additional 50 test holes.
X:\p\Miomi Beach\LA GORCE MB\Admin\Memos\La Gorce Underground Utility 052605 doc
Mr. Suresh Mistry
Page
May 26, 2005
It is important that this matter be addressed expeditiously in order not to impact the submittal date of the 90%
design documents.. If you have any questions or require additional information, please do not hesitate to contact
me at your earliest convenience..
Sincerely,
REYNOLDS, SMITH AND HILLS, INC.
Stanley Fardin, PE
Project Manager
Cc: .left Easley / RS&H
Sam Gonzalez / RSEH
Ralph Caballero / FR Aleman