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Amendment No. 8 with EDAW, Inc. AMENDMENT N0.8 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 $15,700.00 FOR THE PROVISION OF ADDITIONAL DESIGN SERVICES TO RELOCATE THE EXISTING DESIGN AT 39T" AND 43RD STREET END WEST OF INDIAN CREEK DRIVE TO 40T" AND 42ND STREET END WEST OF INDIAN CREEK DRIVE IN ORDER TO MATCH EXISTING STREET GEOMETRY AND PROPOSED FDOT CONFIGURATION ALONG INDIAN CREEK OF THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 6 -OCEANFRONT PROJECT This Amendment No. 8 to the Agreement made and entered this ~ day of 2008, 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, and 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, on May 16, 2001, the Mayor and City Commission adopted Resolution No. 2001-24384, 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 anot-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 Pancoast, just north of 23~d Street, to the 29'h Street pedestrian bridge; 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, on February 7, 2007, the City executed Amendment No. 5 to the Agreement, for professional services associated with 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; and WHEREAS, Amendment No. 5 increased the total fee by $2,712.24, for a total fee of $499,851.68; and WHEREAS, on September 6, 2006, 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, up to April 24, 2007; inclusion of 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 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, on July 7, 2007, the City executed 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 $154,517.43, for a total fee of $1,041,397.82; and WHEREAS, the following Amendment No. 8 to the Agreement is for the provision of additional design services required to relocate the existing design at the 39th and 42nd Street ends, west of Indian Creek Drive to the 40th and 42nd Street ends, west of Indian Creek Drive, in order to match proposed street geometry and FDOT configuration along Indian Creek Drive; 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; and WHEREAS, Amendment No. 8 increases the total fee by $15,700.00, for a total fee of $1,057,098.11. 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. 8. 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. 8. (REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK) IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 8 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI lM ~ ~a^-c.Q.~.~1 APPROVED AS TO FORM 8~ LANGUAGE CITY CLERK Robert Parcher CIP DIRECTOR Jorge E. Chartrand ATTEST: LJQ.•~- _ ~ ~~ Print Name EDAW, INC. vi Presid t / Signatu Print Na ~ FOR CUT{ON S' Y ~ ~ ate ity t' ~ (~