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Amendment No. 9 Tetra-Tech WHS :J () 0/- ;;.. Y-S""""'O <.)- AMENDMENT NO.9 TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND WILLIAMS, HATFIELD & STONER, INC., D/B/A TETRA-TECH WHS, DATED JULY 18, 2001, FOR THE PROVISION OF PROFESSIONAL SERVICES, IN AN AMOUNT NOT-TO-EXCEED $10,750.00, FOR THE PROVISION OF ADDITONAL PROFESSIONAL SERVICES, TO REINCORPORATE THE ET-2 ENCROACHMENTS INTO THE CONTRACT DOCUMENTS FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO.4-NORMANDY ISLE AND NORMANOIE SUO PROJECT. ?,tL This Amendment No. 9 to the Agreement made and entered this <l{ S day of f L.t L-'-( , 2006, 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 Williams, Hatfield & Stoner, Inc. d/b/a Tetra -Tech WHS, having its offices at 9600 Northwest 25th Street, Suite 3F, Doral, Florida 33172 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 07-00101, the Mayor and City Commission adopted Resolution No. 2001-24505, on July 18, 2001, approving and authorizing the Mayor and City Clerk to execute an Agreement with Williams, Hatfield & Stoner, Inc. d/b/a Tetra-Tech WHS, for Professional Services for the Normandy Isle and Normandie Sud Streetscape Right-of-Way Neighborhood Project (the Agreement); and WHEREAS, the Agreement provides for the detailed planning, design, permitting, bidding 1 award and construction administrative services for various streetscape 1 landscape 1 utility improvements within the Normandy Isle and Normandie Sud neighborhood; and WHEREAS, the Agreement was executed for a not-to-exceed amount of $617,664.00; and WHEREAS, on September 10, 2003, the Mayor and City Commission adopted Resolution No. 2003-25320, approving additional design services as Amendment NO.1 to the Agreement, for rear easement waterline relocation efforts, for a not-to-exceed amount of $50,529.00; and WHEREAS, on February 25, 2004, the Mayor and City Commission adopted Resolution No. 2004-25488, approving additional design services as Amendment No.2 to the Agreement, for re-design of lighting system, pursuant to the City's new standards, a planning study related to hardscape and landscape revisions arising from the Community Design Review Meeting (CDRM), held on October 21, 2003, and for administration, specifications, and reimbursables associated with the additional Scope of Work, for an amount of $30,500.00; and WHEREAS, on November 16, 2004, Amendment No. 3 to the Agreement was executed, to include the additional professional landscaping architectural and engineering services for the detail design, permitting and bidding / award services for the extension of the proposed right-of-way improvements on Bay Drive between Marseille Drive and the Normandy Shores Bridge, which are required to complement the design efforts for the entire neighborhood, for a not-to-exceed amount of $17,047.00; and WHEREAS, on July 24,2004, Amendment NO.4 to the Agreement was executed, to include the participation of the Consultant in eight additional design progress meetings, originated by design revisions, for a not-to-exceed amount of $7,458.00; and WHEREAS, the planning effort for the Normandy Isle and Normandie Sud neighborhood has been completed and detail design activities are underway; and WHEREAS, on November 10, 2004, the City Commission adopted Resolution No. 2004-25731, authorizing the execution of Amendment NO.5 to the Agreement, to include a Scope of Work which consists of additional design services for the replacement of additional existing 4-inch and 6-inch diameter cast iron water lines with new 8-inch diameter water lines, to be relocated under the Florida Department of Transportation (FDOT) right-of-ways at 71 st Street and Normandy Drive, for a not-to-exceed amount of $50,000.00; and WHEREAS, on November 10, 2004, the City Commission adopted Resolution No. 2004-25731 , authorizing the execution of Amendment No.6 to the Agreement, to include a Scope of Work which consists of additional design services for the design effort to implement the re-planning sturdy originated from the CDRM held on October 21,2003, for a not-to-exceed amount of $58,220.00; and WHEREAS, on December 6, 2004, Amendment No. 7 to the Agreement was executed, to include the Scope of Work necessary for the deletion of Rue Grandville Street-End from the Project scope, and the re-design of the Trouville Esplanade street- end; and WHEREAS, on March 18, 2005, Amendment No. 8 to the Agreement was executed, to include the verification of additional underground utilities to avoid conflicts in 150 boring sites, for a not-to-exceed amount of $24,700.00; and WHEREAS, the following Amendment NO.9 to the Agreement is to include services related to re-incorporate the ET -2 encroachments into the contract documents, for a not-to- exceed amount of $10,750.00; 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: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No.9. 2. MOOIFICATIONS The Agreement is amended as defined in Schedule "A-9", attached herein. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment NO.9. 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 OF MIAMI BEACH Uwd ptlJ.{~ City Clerk Robert Parcher By /If) /' r\ lk'~ >?,. ~J/O)a ATTEST: CONSULTANT: WILLIAMS, HATFIELOS & STONER, INC. D/B/A TETRA-TECH . ~ /1 //- Rf\Vfl)ASTO (~~~M&LANGUAGE <-=-. d::~ / /) . & FO ~CUTION -/qV'" IC. MCIVC€(.. '- . Print Name ( . ~ ~.. Date ;:\8 LL(lA ti SECRETARY d--. QLlYQ. 'l)LA Q.J-- to Print Name SCHEOULE "A-9" TO AMENDMENT NO.9 TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL ANO ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIOA AND WILLIAMS, HATFIELD & STONER, INC., D/B/A TETRA-TECH WHS, DATED JULY 18, 2001, FOR THE PROVISION OF PROFESSIONAL SERVICES, IN AN AMOUNT NOT-TO-EXCEEO $10,750.00, FOR THE PROVISION OF AOOITONAL PROFESSIONAL SERVICES, TO RE-INCORPORATE THE ET-2 ENCROACHMENTS INTO THE CONTRACT OOCUMENTS FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOO NO. 4-NORMANOY ISLE ANO NORMANOIE SUO PROJECT. Scope of Services: . The additional services required under this Amendment are in accordance with the City's procedure for addressing ET-2 encroachments in the contract documents. . The work will include re-incorporating the ET-2 Encroachments back into the contract documents and showing them in the plans as existing, to be removed by "Others." They will also be identified as an Alternate Bid Item (as a whole) for removal by the Contractor. . The Consultant will add the necessary language to the contract specifications and drawings to address the Contractor responsibilities relative to the encroachments. Compensation: . Original Agreement Amount: $617,664.00 . Amendment NO.1 (relocation of existing utility improvements) amount: $50,529.00 . Amendment NO.2 (study of revisions from the CORM) amount: $30,500.00 . Amendment NO.3 (improvements along Bay Drive) amount: $17,047.00 . Amendment No.4 (additional progress meetings) amount: $7,458.00 . Amendment NO.5 (additional water lines and meter relocation) amount: $50,000.00 . Amendment NO.6 (additional design of re-planning study) amount: $58,220.00 . Amendment NO.7 (Rue GrandvillelTrouville Esplanade Street-Ends) amount: $0.00 . Amendment NO.8 (verification of additional Underground Utilities) amount: $24,700.00 . Amendment NO.9 (re-incorporate ET-2 encroachments into the contract documents) amount: $10.750.00 . Revised Agreement amount: $866.868.00 [ ~ 1 TETRA TECH, INC. Infrastructure Group SE - Florida Operations March 29,2006 Mr. Rick Saltrick, P.E. Program Manager Hazen and Sawyer, Inc. 975 Arthur Godfrey Road, Suite 211 Miami Beach, FL 33140 City of Miami Beach Normandy Isle and Normandy Sud ROW Improvements Proposal for ET -2 Encroachments Additional Services (Revised) The TeraTech Team is pleased to present this revised proposal to provide additional professional services to reincorporate the ET -2 encroachments back into the contract documents. Our work tasks will follow your letter dated November 14, 2005. In summary, these encroachments will be shown as "to be removed by others" and also identified as a contractor alternate bid item. The revised contract documents will also instruct the contractor to conduct a door hanger campaign, report any resident complaints, and participate in any field meetings regarding the encroachments. A breakdown of the personnel and fees follows: o Additional Design Services for ET Encroachments Project Manager 12 hours x 132A7per hour $1589.64 Civil Drafter 16 hours x $57 AO per hour $918.40 Senior Landscape Architect 12 hours x $113A7 per hour = $1361.64 Landscape Designer 48 hours x $80.59 per hour = $3868.32 Landscape Drafter 52 hours x $57.40 per hour = $2984.80 Total ET Encroachments $10,722.80 USE $10,750.00 Thank you for your offer to extend our professional services. I look forward to the City's favorable response. Mark B. Wolfe, P.E. Senior Project Manager