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Jacobs Edwards & Kelsey, Inc. Agreement AMENDMENT NO. 10 TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND JACOBS EDWARDS AND KELCEY, INC, FORMERLY KNOWN AS EDWARDS AND KELCEY, INC, DATED NOVEMBER 21, 2002 iN AN AMOUNT NOT TO EXCEED;383,391 FOR ADDITIONAL DESIGN SERVICES, FOR THE VENETIAN ISLANDS NEIGHBORHOOD RIGHT-0F--WAY IMPROVEMENT PROJECT BID PACKAGE NO. 13C, COMPRISED OF SAN-MARINO, D!-LIDO, AND RIVO ALTO ISLANDS This Amendment No. 10 to 1 2006, by and between the CI of the State of Florida (hereir Center Drive, Miami Beach, i offices at 7300 North Kends Consultant). ie Agreement made and entered this 5 day of September , Y OF MIAMI BEACH, a Municipal Corporation existing underthe laws after referred to as City). having its principal offices at 1700 Convention lorida 33139, and JACOBS EDWARDS AND KELCEY, INC. having its II Drive, Suite 400, Miami Florida. 33956 (hereinafter referred to as RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 9 0-0001, the Mayor and City Commission adopted Resolution No. 2002-25071, on November 2i, 2002, approving and authorizing the Mayor and City Cleric to execute an Agreement with Edwards and Kelsey, Inc, for Professional Services for the Venetian Islands Neighborhood Right of Way Improvement Project (the Project); and WHEREAS, the Agr eement provided far the detailed planning, design, bid, award and construction services for vari ous streetscape /landscape /utility improvements within the Venetian Islands neighborhood; and WHEREAS, the Agre ement was executed for anot-to-exceed amount of $799,903; and WHEREAS, on Augu st 3, 2004, the Capital Improvement Projects (CIP) Office approved Amendment No. 1 to the Agr eement, for anot-to-exceed amount of $385, for the preparation and attendance of the Consultant at a previously unforeseen Design Review Board meeting; and WHEREAS, on August 3, 2003, the Capital Improvement Projects (CIP} Office approved Amendment No. 2 to the Agr eement, for snot-to-exceed amount of $2,000, for the preparation of additional survey work within the Venetian Causeway right of way; and WHEREAS, on March 23, 2004, the Capital Improvement Projects (CIP) Office approved Amendment No. 3 to the Agre ement, for anot-to-exceed amount of $24,750, for the perfom~ance of additional underground utility verification (soft-dig) services; and WHEREAS, on March 23, 2004, the Capital Improvement Projects (CIP) Office approved Amendment No. 4 to the Agreement, for anot-to-exceed amount of $5,090, for the design of additional irrigation at the request of the City's Parks Department; and Page 1 of fi MB:EBK AMEND NO f0. dos WHEREAS, on July 27, 2005, Amendment No. 5 to the Agreement wa's approved, far an amount not-to-exceed $200,000, for additional engineering services to design, permit, bid, award and construction administration services for water and stormwater related improvements; and WHEREAS, on August 22, 2005, the Capital Improvement Projects (C1P) Office approved Amendment Na. 6 to the Agreement, for anot-to-exceed amount of $21,222, for revisions to traffic related improvements at Miami Dade Public Works Department request; and WHEREAS, on November 4, 2005, the Capital Improvement Projects (C!P) Office approved Amendment No. 7 to the Agneement, for anot-to-exceed amount of $22,408, for additional engineering services to design, permit, bid, award and construction administration services forwater related improvements; and WHEREAS, on March 27, 2006, the Capitat Improvement (CIP) Office approved Amendment No. 8 to the Agreement, for anot-to-exceed amount of $20,597, for re-planning and redesigning portions of Bid Package 13C pursuant to revisions requested by residents; and WHEREAS. on June 7, 2006, pursuant to Resolution No. 2006-26204, the City approved Amendment No. 9 to the Agreement, for anot-to-exceed amount of $652,571, for additional construction administration service; resident project representative services; pump station equipment modification; and City requested changes to the design for the Right-of-Way Infrastructure Improvements Program, Neighborhood No. 13 -Venetian Islands; and WHEREAS, the City, has negotiated the following Amendment No. 10 to the Agreement, for additional design services, for the Venetian Islands Neighborhood Right-of-Way Infrastructure Improvements Program, Neighbofiood No. 13C, comprised of San-Marino, Di-Lido, and Rivo Alto Islands; and WHEREAS, this Amendment No.10 increases the tots( Agreement fee by $383,391, for a total fee of $2,132.297. NOW. THEREFORE covenants, agreements, ter consideration, the respect ai 1. ABOVE RECITALS The above recitals ai No. 10. ~e parties hereto, and in consideration of the mutual promises, s, and conditions herein contained, and other good and valuable I adequacy are hereby acknowledged, do agree as follows: true and correct and are incorporated as a part of this Amendment 2. MODIFICATIONS The Agreement is amended as defined in Schedule °A-10°, 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. 10. Page 2 of S MB:E&K AMEND NO ~O.doc IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 10 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST ~~~ ~~ ~ ~ CITY CLERK Robert Parcher CITY OF MIAMI BEACH, FLORIDA "'~ ~. ./ Jerry Libbin Vice-Mayor ATTEST ecret~ /Signature Print Name EDWARDS AND KELCEY, INC. --_r~J ~f~i'cz t/Signaiure M~aC~~2 ~o Gs~ K f/oy2c' ~ f ~ . Print Name APPRO`.~ED AS TO FORM ~ LANGUAGE x~ FOR EXECUTION 1~~07 City Attorn Page 3 of 6 MS:EdK AMEND NO l0.doc SCHEDULE "A-10" SCOPE OF SERVICES Schedule "A° entitled, "Scope of Services", is amended as follows: ADD the Following under Task 5 -ADDITIONAL SERVICES "Task 5.6 -Additional Design Services for Bid Package 13C Venetian Islands: Task 5.6.1 General: The CONSULTANT shall furnish additional design services associated with revisions to current 90% design completion stage contract documents of the Bid Package 13C: Venetian island ROW Improvements, as noted below: Rivo Alto Island • CONSULTANT shall revise drawings to maintain existing street widths as they currently exist. This effort shall require that paving, grading and drainage drawings be revised to illustrate the wider existing conditions. • Full resurfacing of all asphalt surfaces within the ROW, with targeted milling and reconstruction shall remain as currently designed. • Landscape drawings and encroachment tabulations shall be revised to reflect new roadway width conditions. In a ddition, encroachment tabulations should be revised to accountforthe City's position that o nly site line /safety related items be targeted for reclamation, unless extenuating design circumstances indicate the need for removal. • Landscape planting s shall be targeted to a scale that generally complies with the intent of FPL Planting Guidelines for Materials Adjacent to Overhead Utilities. DiLido Island • CONSULTANT sha ll revise drawings to narrow existing street widths to 25.5 ft. This narrowing shall be i mplemented along the outside of the existing roadway to allow for a corridor that may be used by residents at a future date to underground utilities. This effort shall require that paving, grading and drainage drawings be revised to illustrate the revised asphalt width, which is wider than the 20-ft roadways currently proposed by the documents. • Full resurfacing of all asphalt surfaces within the ROW, with targeted milling and reconstruction to rem ain as currently designed. Of course, revisions implemented here must be referenced back through the entire drawing set. • Landscape drawings and encroachment tabulations shall be revised to reflect new roadway with conditions. In a ddition, encroachment tabulations should be revised to account for the City's position that o nly site line /safety related items be targeted for reclamation, unless extenuating design circumstances indicate the need for removal. • Landscape planting s shall be targeted to a scale that generally complies with the intent of FPL Planting Guidelines for Materials Adjacent to Overhead Utilities. Page 4 of 6 SCHEDULE A10 doc(Revised 11-19-07).doc San Marino Island • Existing street widths as currently shown on the drawings shall remain as-is. The only exception being that CONSULTANT shall widen areas where less than a total of 18-ft width of asphalt is available to meet a minimum of two (2) 9-ft travel lanes as directed by The City and approved by the Miami-Dade Public Works Department. • Full resurfacing of all asphalt surfaces within the ROW, with targeted milling and reconstruction shall remain as currently designed. • Landscape drawings and encroachment tabulations shall be revised to reflect new roadway with conditions. In addition, encroachment tabulations should be revised to account for the City's position that only site line /safety related items be targeted for reclamation, unless extenuating design circumstances indicate the need for removal. • Landscape p FPL Planting bound by the requirer Resolution No. 2002-2: City Clerk to execute an the Venetian Islands ~ current documents are agreed to forgo submitt Detailed Design. Only completed constructioi understood that Constn not addressed within th Schedule Complete TIME OF COMPLETION shall be targeted to a scale that generally complies with the intent of ies for Materials Adjacent to Overhead Utilities. ~n, Permitting, Reviews and Cost Estimates: CONSULTANT shall be ;nts stipulated in TASK 2 -DESIGN SERVICES as adopted via 71, on November 21, 2002, approving and authorizing the Mayor and ~greementwith Edwards and Kelcey, Inc., for Professional Services for ighborhood Right of Way Improvements Project. Note that as the t 90% design completion stage, the CITY and CONSULTANT have of a 30% and 90% design stage documents as described in Task 2.2 - two (2) submittals, one at the 60% stage and the other at 100% documents shall be delivered by the CONSULTANT. It is also ;tion Administration and Resident Project Representative Services are Amendment to the Agreement. - 60% design drawings and specifications. - 100% design drawings and specifications. - Submit 60% documents within 60 working days after issuance of execution of this Amendment 10. - 100% documents within 100 working days after execution of this Amendment 10. Based on the scope of this Amendment No. 10, the following submittal dates shall apply: • Bid Package 13C: Belle Isle and Belle isle Park: 100% Design Completion stage documents for internal City permitting reviews due one hundred working days from the final execution of this Amendment 10. PAYMENT AND COMPENSATION Exhibit `A-10' is attached only to reflect the basis used in negotiation of the LUMP SUM fee for the aforementioned proposed design services (Task 5.6). The total design fee proposed for this Scope of Work shall be a LUMP SUM design fee in the amount of Page 5 of 6 SCHEDULEA10doc(Revised 11-19-07).doc $428,028 plus $10,000 for reimbursable expenses. Invoicing for this work will be based on the prorated percentage of completed design work. The budget established for payment encompasses an additional $383,391 appropriated by the City Commission on September 25, 2007, $40,085 remaining from Venetian Bid Package `C' Tasks 2.1, 2.23, 2.3, 2.4, 2.5, 2.6, 2.7, Amendment 5 ($4,524) and $10,028 to be added by an Administrative Amendment. COMPENSATION • Original Agreement amount $799,903. • Amendment No. 1: Additional preparation and participation in Design Review Board Meeting, $365. • Amendment No. 2: Additional surveying services, $2,000. • Amendment No. 3: Additional Underground Utility Location (soft-dig) services, $24,750. • Amendment No. 4: Additional irrigation design at Parks Department request, $5,090. • Amendment No. 5: Additional water and stormwater related design efforts, $200,000. • Amendment No. 6: Additional traffic improvements related design efforts, $21,222. • Amendment No. 7: Additional services to design, water related improvements, $22,408. • Amendment No. 8: Additional planning and Design pursuant to residents request, $20,597. • Amendment No. 9: Additional construction administration service; resident project representative services; pump station equipment modification; and City requested changes to the design, $652,571. • Amendment No. 10: Additional Services to redesign Bid Package 13C, San-Marino, Di-Lido, and Rivo Alto Islands pursuant to residents request, $383,391. Afollow-up amendment to add the remaining balance of $10,028 will be processed in the near future. Revised Agreement amount $2,132,297 to include September 25, 2007 appropriation only. Page 6 of 6 SCHEDULEA10doc(Revised 11-19-07).doc r J ~ W N J Z ~ O U W W = y o ~ r ~ = Q W Q a U ~ LL .. ~ ~ ~ wOpt~ m a ~ w ~ Q~ZVd 0 ~~acW7 O~Q~~ ~~~ad ~~~ae o d Z~m~ ~ J Q ~ 3z OV r x O