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Amendment No. 3 HILLIER GROUP ARCH 12/10/2007 AMENDMENT NO.3 TO THE AGREEMENT DATED APRIL 30, 2003 BETWEEN THE CITY OF MIAMI BEACH AND HILLIER GROUP ARCHITECTURE, NEW JERSEY, INC. FOR PROFESSIONAL CONSULTING SERVICES FOR THE CITYWIDE WAYFINDING SIGNAGE SYSTEM FOR FEES IN AN AMOUNT NOT TO EXCEED $23,710.00, FOR THE PROVISION OF ADDITIONAL PROFESSIONAL SERVICES FOR RE-VISITNG SIGN LOCATIONS AND ADDITIONAL PROJECT COORDINATION RELATED TO THE TWO-YEAR DELAY IN CONSTRUCTION OF THE PROJECT. This Amendment No. 3 to the Agreement made and entered this ~s~day of ,7AavuA/2 ~1 , 200`, 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 HILLIER GROUP ARCHITECTURE, NEW JERSEY, INC., a New Jersey corporation whose address is The Widener Building, Mezzanine, One South Penn Square, Philadelphia PA 19107-3502 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, pursuant to Request for Proposals (RFP) No. 48-01/02, the Mayor and City Commission adopted Resolution No. 2003-25182 on April 30, 2003, approving and authorizing the Mayor and City Clerk to execute an Agreement with Consultant for Planning, Design and Construction Administration services for a Wayfinding Signage System; and WHEREAS, the Agreement was executed on April 30, 2003, for a lump sum fee of $185,770.00 for professional fees, and $22,230 for reimbursable expenses; and WHEREAS, Consultant created three different conceptual designs forthe sgnage system based upon the public input from the Identity Forum, and presented the three design options in several public meetings, including the City's Design Review Board and Historic Preservation Board; and WHEREAS, on February 25, 2004, the Mayor and City Commission adopted Resolution No. 2004-25508, approving the schematic design concept for the Citywide Wayfinding Signage System; and WHEREAS, on August 17, 2004, the final design for the Citywide Wayfinding Signage System was reviewed and approved at a joint meeting of the Design Review Board and the Historic Preservation Board; and Amendment No. 3 -Hillier Agreement -Citywide Wayfinding Signage System 12/102007 WHEREAS, on May 16, 2005, Invitation to Bid No. 16-04/05 was issued for the fabrication and installation of a signage package in accordance with the Citywide Wayfinding Signage and Identity System, with an optional sign maintenance service agreement (the Bid); and WHEREAS, on July 27, 2005, the Mayor and City Commission adopted Resolution No. 2005-25975, approving and awarding a contract to the lowest and best bidder, GablesSigns and Graphics, Inc. (Contractor), in the amount of $1,695,713, pursuant to the Bid; and WHEREAS, in April 2005, the Florida Department of Transportation (FDOT) initiated procedures for adoption of Rule Chapter 14-51 concerning Florida's Highway Guide Sign Program, thereby taking precedence over preliminary approvals for the design of the City of Miami Beach Wayfinding Signage System given by the District VI office; and WHEREAS, FDOT Rule Chapter 14-15 requires all lettering used on wayfinding signs on the State Highway System to be Highway Gothic fonts, or other Federal Highway Administration (FHWA) approved fonts, and the Futura font proposed for the City's wayfinding signs has not yet been approved by FHWA; and WHEREAS, Amendment No. 1 to Consultant's Agreement, dated August 11, 2005, authorized the Consultant to engage the services of asub-consultant, Visual Communication Research Institute (VCRI), a nationally recognized research institute on the legibility of highway signs, to prepare a analytical evaluation of Futura typeface's acceptability for use on Miami Beach road signs, for a fee of $5.000.00; and WHEREAS, after reviewing said Analytical Evaluation, FHWA declined to approve the Futura typeface and requested the City to conduct field testing to document the visibility of the Futura typeface in comparison to the Standard Highway Alphabet; and WHEREAS, Amendment No. 2, dated December 7, 2005, authorized the Consultant to engage the services of VCRI to conduct the field testing, in an amount not to exceed $25,000, and for the Consultant to coordinate the work of the sub-consultant, manufacture of prototype signs, and the review and approval by FDOT and FHWA of the Futura font testing process, for a total amount of $39,900.00; and WHEREAS, the Consultant's report on field testing of the Futura font was reviewed and approved by FDOT and FHWA, with a letter of approval of a request to experiment, dated June 23, 2006; and WHEREAS, subsequently, further delays were experienced due to change order negotiations with the Contractor, and permitting by FDOT and the City's Building Department; and Amendment No. 3 -Hillier Agreement- Citywide Wayfinding Signage System 2 12/10/2007 WHEREAS, the original field mark-outs for sign locations were completed in August 2005, but because of the length of time between the original surveys and now, the delay requires the Consultant to re-visit each sign location with the City and the Contractor to confirm the proper placement and message of each sign; and WHEREAS, the Administration recommends approval of Amendment No. 3 to this Agreement for additional coordination and field mark-out services, for fees in the amount of $23,710.00. 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. 3. 2. MODIFICATIONS The Agreement is amended as defined in Schedule "A-3", 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. 3. Amendment No. 3 -Hillier Agreement -Citywide Wayfinding Signage System 3 ]znorzoo~ IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.~ to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: City Clerk Robert Parcher ATTEST: toocre--C~. ~e ~~ Print Name CITY OF MIAMI BEACH By J r M. z z City Manager CONSULTANT: HILLIER GROUP ARCHITECTURE OF NEW JERSEY, INC. By ~~hn r lxsla v~ Print Name APPROVED AS TO FORM ~ LANGUAGE 8~ FOR EXECUTION ~L ity m Amendment No. 3 -Hillier Agreement -Citywide Wayfinding Signage System 4 12iioaoo~ SCHEDULE "A-3" Scope of Services: Following is description of the Additional Services to be provided by the Consultant under Amendment No. 3: PHASE FOUR -CONSTRUCTION PHASE SERVICES Step 8 Construction Administration (a) Review revisions to engineering drawings required by permitting agencies. (b) Review additional fee requests from the contractor (c) Attend additional pre-construction meetings via teleconference. (d) Repeat site visits for location of all signs in the field (e) Coordinate new Site Checks with installer and city (f) Coordinate new revisions in the field w/ Message schedule (g) Coordinate with FDOT issues based on new site checks (h) Coordinate field changes (i) Coordinate location specific issues with installer based on new site checks Q) Prepare meeting minutes (k) Review and approve change orders (I) Review & approve Application for Payments and Schedule modifications (m)Assist the City to resolve any conflicts with the Contractor Amendment No. 3 -Hillier Agreement- Citywide Wayfinding Signage System 5 12/10/2007 SCHEDULE "A-3" (continued) Compensation Based on Schedule C - Hourly Billing Rates Tasks: Project Director $165 Senior Engineer/Architect $125 A. Site Visits 16 hrs 16 hrs B. Coordination 28 hrs Total Hours 44 hrs Sub-Total Fee $7,260 TOTAL ADDITIONAL SERVICES FEE: 16 hrs $2,000 Project Manager (EDAIII~ $130 60 hrs 47 hrs 107 hrs $13,910 $23,170 AmendmentNo. 3 -Hillier Agreement- Citywide Wayfinding Signage System 6