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Amendment No. 5 ~Ol- 2L/3 Btf AMENDMENT NO.5 TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING (LA / E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND EDAW, INC., DATED OCTOBER 14, 2005 IN AN AMOUNT NOT.TO.EXCEED $2,712.24 FOR THE PROVISION OF ADDITIONAL PROFESSIONAL SERVICES, NECESSARY FOR THE IMPLEMENTATION OF THE 42nd STREET RE.DESIGN EFFORT, FOR THE RIGHT -oF.WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO.6 - OCEANFRONT PROJECT ThiS)~ndment NO.5 to the Agreement made and entered this ;;;!!day of mlurl~ 200(; by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing un er 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 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 ~ayor arid City Commission adopted Resolution No. 2001-24384, on May 16, 2001, approving @d authorizing the Mayor and City Clerk to execute an Agreement with EDAW, Inc., forProfl;'lssional Services for the Oceanfront Neighborhood Streetscape and Utility Improvement Project; and " WHEREAS, the Agreement provides for the planning, design, bidding' and a~d, '. construction administration, and reimbursables for Oceanfront neighborhood Project;a'Od :' ... ... ,."! 0"\ WHEREAS, the Agreement was executed for a not-to-exceed amount of $307,690.00; and WHEREAS, the CITY executed 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 CITY executed 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 23'" 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 $139,730.54 for a total fee of $463,004.54; and WHEREAS, the CITY executed 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 $481,914.44; and WHEREAS, the CITY executed Amendment NO.4 to the Agreement for professional services associated with additional underground utility verification services in compliance with CITY's standard format; and WHEREAS, Amendment NO.4 increased the total contract fee by $15,225.00 for a total fee of $497,139.44; and WHEREAS, at this time, the CITY, has negotiated Amendment NO.5 for the incorporation of proposed improvements to the 42nd Street street end similar to those proposed at the 38th Street street end into the construction documents. The CONSULTANT has provided the CITY and Hazen and Sawyer, the City's Program Manager, with an additional service proposal and the effort appears reasonable for the anticipated improvements. WHEREAS, this Amendment NO.5 increases the total contract fee by $2,712.24 for a total fee of $499,851.68; 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.5. 2. MODIFICATIONS No modifications are necessary to the Agreement. 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.5. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.5 to be executed in their names by their duly authorized officials as of the date first set forth above. ATT(lJ- lL~ ATTEST: CONSULTANT: EDAW Ad I SECRE~ ~'l~~ Print Name PRESIDENT Print Name APPROVED AS TO FORM & LANGUAGE FOR CUTION (2- LOG Da EDA\V EDAW INe 16118 ....ERIOI"'" AII'~"'UE SUITE 303 MI....""I Bt;....Cl-o FlORIDA 33138 TIlL 305 804 5178 PAX 305 e04 5704 L1eUlS&: NUMBER L.C00003811 www..d.w.cotll UNITl:O llTATl!S IUItOPE AU.TR"LU, ....IA 19 July 2005 (II August2005_REVISED) ~ Oqc:>~ o.v4.:s Mr. Keith Mizell. Senior Project Planner City of Miami Beach Capital Improvement Projects Office 1701 Convention Center Drive Miami Beach, FL 33139 Re: Oty of Miami Beach Right-of-Way Infrastructure Improvements Program N~borhood No.6 - Oceanfront (DAIDI.OI) 42 Street Redesign Add Service Dear Mr. Mizell: Attached please find the requested additional services proposal for the requested additional effort required to modify the 100% complete construction documents. The below proposed scope of work is based on the June 26, 2005 meeting with you regarding the resident re'ilested modifications to the 42" Street street-e!d and the subsequent August II, 2005 meeting with Jorge Chartrand. · incorporate proposed i~rovements to the 42" Street street-e!d similar to those proposed at the 38 Street street-end into the construction document set Any services other than those above are not included in this proposal. We agree to provide the services described above for the Lump Sum amount of $ 2,712.24. This fee includes all reimbursable costs. If the above meets your approval, please sign below and this shall serve as our authorization to begin work and prepare a formal contract for your execution. If you have any questions regarding the proposal, please do not hesitate to call us. cc: DaVld Troncale. George Puig, file CQsBf/I'f ~ ' Cesar M. Garc -P s Senior Associ e Encl. M-~ 0 C~H f2.0\..0 - 0 3 ~ -liD / '1 ZOOS 05SIOJf. PL"~f\lING AND fNVIAO..MI:...,S WOR-LOW/OF Oc.,.".ftl_OSOI11_"nol 'Ir... A'1f S.rvlce Ihlll....'...oc EDAW Mr. Keith Mizell July 19, 200S (11 AugusI200S_REVISED) Page 2 of2 CDllf_u IIIld IIcceplu by: EDA W, Inc. Authorized Signature A ~~tT...t f..{1"L~....,- TypedlPrinled Name ~ .h~~ ("~~~ Title IO/l'fl<:>~ Date . TyPedlPrinted Name Title Date DISIGM. Pl"..HING A!OlD EHVt"OHM[HTS w0Rli1D..."ont_050IJI_42nd $tr..' A(H' S.,.IIc:e A.QUell doe