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Amendment No. 7 & Agmt with EDAW, Inc.X007- a 6ss-3 C7.13- G~6~y AMENDMENT NO. 7 TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING (A/E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND EDAW, INC., DATED MAY 16, 2001 IN AN AMOUNT NOT-TO-EXCEED $154,517 FOR THE PROVISION OF ADDITIONAL CONSTRUCTION MANAGEMENT AND RESIDENT PROJECT REPRESENTATION SERVICES FOR AN ADDITIONAL SIX (6) MONTHS OF CONSTRUCTION UP TO OCTOBER 24, 2007 DURING CONSTRUCTION OF PHASE 1 (EAST OF COLLINS AVENUE) OF THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 6 -OCEANFRONT PROJECT This Amendment No. 7 to the Agreement made and entered this ~~day of ~) G119 ~° 2007, by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 (hereinafter referred to as CITY), and EDAW, INC., a corporation organized under the laws of Delaware, authorized to transact business in the State of Florida, qualified on December 14, 2005, and having its offices at 1688 Meridian Avenue, Suite 303, Miami Beach, Florida 33139 (hereinafter referred to as CONSULT,'~NT). 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 (the Agreement); and WHEREAS, the Agreement provides for the planning and design, bidding and award, construction administration, and reimbursable for the Oceanfront Neighborhood Project (the Project); and WHEREAS, the Agreement was executed for snot-to-exceed amount of $307,690; and WHEREAS, on March 23 2004, the City executed Amendment No. 1 to the Agreement, for 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, for a total fee of $323,274; and WHEREAS, on July 7 2004, 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 Pancoastjust North of 23~d Street, to the 29th Street pedestrian bridge, along the Lake Pancoast and Indian Creek water bodies; and WHEREAS, Amendment No. 2 increased the total fee by $139,730.54, for a total fee of $463,004.54; and WHEREAS, on April 14 2005, 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 the City's standard format; and WHEREAS, Amendment No. 3 increased the total fee by $18,909.90, for a total fee of $481,914.44; and WHEREAS, on June 7 2005, the City executed Amendment No. 4 to the Agreement for professional services associated with additional underground utility verification services, in compliance with the City's standard format; and WHEREAS, Amendment No. 4 increased the total fee by $15,225, for a total fee of $497,139.44; and WHEREAS, the City executed Amendment No. 5 to the Agreement for professional services associated with the incorporation of proposed improvements to the 42"d Street street end, similar to those proposed at the 38th Street street end, into the Construction Documents; and WHEREAS, Amendment No. 5 increased the total fee by $2,712.24, for a total fee of $499,851.68; and WHEREAS, the City executed Amendment No. 6, for the provision of additional services required to design additional water mains between Indian Creek Drive and Collins Avenue, as requested by the Public Works Department, and to administer construction and provide Resident Project Representative services for construction east of Collins Avenue, over an estimated six (6) month period; and included the purchase and implementation of the E-Builder software throughout the construction period, as well as attendance and execution of a preconstruction conference with residents to provide an overview of the construction project sequencing and address issues of concern with residents; and WHEREAS, Amendment No. 6 increased the total fee by $387,028.71, for a total fee of $886,880.39; and WHEREAS, at this time, the City has negotiated Amendment No. 7, for the provision of additional services required to administer construction and provide Resident Project Representative services for construction east of Collins Avenue, for an additional six (6) month construction of phase 1 (East of Collins Avenue) up to October 24, 2007; and WHEREAS, Amendment No. 7 increases the total fee by $154,517, for a total fee of $1,041,397, the breakdown for the cost and services under this Amendment is as follows: • Construction Administration= $59,877 (in addition to the previously contracted amount of $100,432.76 for a total of $160,309.76); and • Resident Project Representative =$94,640.00; and WHEREAS, the Consultant met with the City and Hazen and Sawyer, the City's Program Manager, and it has been established that this additional service request appears fair and reasonable. NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 7. 2. MODIFICATIONS The Agreement is amended to incorporate Proposal "A", attached hereto. 3. OTHER PROVISIONS All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 7. REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 7 to be executed in their names by their duly authorized officials as of the date fi~;t set forth above. ATTEST: ~~~ ~~1 ~. CI Y CLERK CITY OF MIAM1 QEACH, FLORIDA MAYOR Robert Parcher ATTEST: David Dermer EDAW, INC. ~^ S retary ~'~,. /~~g P si nt C7 (~~ n' ~-l t ~K~- Gtr a a Print Name t Name APPROVED AS TO FORM 8~ LANGUAGE p pO O o~ pO O pO p~ O pO in0, N q A pm pO pO S ~ pO pO pO QO pO f C~ N N N N. H N M N N ~ N~ t~l ^ N N ~ ~ R N N Yl M 01 h f~ mGm N y M N~ ~ ~ M Yf N M ~ o s o 0 0 0 0 o c~~ R ~~ o c 3 ~ q N N 1 N 1 ~ ~ ~ ~ R m m m 8 O N N 0 0 ~@ !S y$Q» C ~ ~ p' s pM R $ $a '$~ o S n S ,Q ~ N 9 ~ C o so. 8 ~ 3 ~° ~~~ a a` w ti o ~ w ~ ~ ~~ ~ g ~ B ~ _" a ~ ~ ~ _ ~ ,~ ~~ s ~ ~ o ~ o `~ i n aa. ~ o ~~ z a a a ^ $~ s-qC v ~ ~LL ~ SS m $ ~ S~ ~ ~Y gg uuW~~ m V~ yyW ~~ S' K C W iL 1 W C' Vl V K F- N Ei . A ~ .- n in ~ m m n ~ .- ~ a~ v m m ~ m r ~ ry ^• n a d d vi ai vi wi ri vi ri .F ,r r v ~ Y ~ ~ ~ ~ vi ~ Q re m m re ro d m 7( W m~ O Q Q U a ~i m U .- .t.. O E ro v O_ W a 52