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Amendment No. 13 AMENDMENT NO.13 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A/ E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND WOLFBERG ALVAREZ & PARTNERS, DATED SEPTEMBER 25, 2002 IN AN AMOUNT NOT -TO- EXCEED $19,200, FOR ADDITIONAL PROFESSIONAL SERVICES, ASSOCIATED WITH DESIGN REVISIONS RESULTING IN A 95% CONSTRUCTION DOCUMENTS SUBMITTAL FOR THE RIGHT -OF- WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 12C - SOUTH POINTE RDA PHASE 11 PROJECT This Amendment No. 13 to the Agreement made and entered this /0 61V day of No 2010, 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 WOLFBERG ALVAREZ & PARTNERS, a Florida Corporation, having its offices at 1500 San Remo Avenue, Suite 300, Coral Gables, Florida 33146 (hereinafter referred to as the Consultant). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 57- 00/01, the Mayor and City Commission adopted Resolution No. 2002 - 24993, on September 25, 2002, .approving and authorizing the Mayor and City Clerk to execute an Agreement with the Consultant for Professional Services for the South Pointe RDA Phase II Neighborhood Streetscape and Utility Improvement Project (the Agreement); and WHEREAS, the Agreement provides for the detailed planning, design, permitting, bidding / award and construction administrative services for various streetscape / utility improvements within the South Pointe. RDA Phase II Neighborhood(the Project); and WHEREAS, the Agreement was executed for a not -to- exceed amount of $469,634.00; and WHEREAS, on February 16, 2005, the City approved Amendment No. 1 to the Agreement, in the amount of $19,750, for the implementation of additional underground utility field verification efforts to further refine contract documents by selectively investigating "utility" locations where proposed underground infrastructure will intersect with existing improvements; and WHEREAS, on March 11, 2005, the City approved Amendment No. 2 to the Agreement, in the amount of $10,750, for additional services for updating / revising the survey for areas within the Project boundary that recently implemented right -of -way improvements adjacent to the new private developments, and within along the Alton Road right -of -way from Fourth to Fifth Streets; and WHEREAS, on October 19, 2005, the Mayor and City Commission adopted Resolution No. 2005- 26037, approving Amendment No. 3 to the Agreement, in the amount of $272,673, for additional planning, design and construction administration services associated with the expanded scope of the Project ; and 1 WHEREAS, on January 10, 2006, the City approved Amendment No. 4 to Agreement, in the amount of $12,626, for additional efforts associated with Geotechnical Evaluation services associated with the expanded scope of the Project; and WHEREAS, on May 11, 2007, the City approved Amendment No. 5 to the Agreement, in the amount of $24,999, for additional efforts associated with subsurface exploration /utility verification for the Project; and WHEREAS, on October 2, 2008, the City approved Amendment No. 6 to the Agreement, in the amount of $20,469, for additional efforts associated with additional design efforts for the paving, grading and drainage of the alleyways, survey and dedication of an Easement and various proposed staging configurations for the Project; and WHEREAS, on November 20, 2008, the City approved Amendment No. 7 to the Agreement, in the amount of $17,921, for the reconfiguration of Parking on Jefferson Avenue; and WHEREAS, on February 25, 2009, the Mayor and City Commission adopted Resolution No. 2009- 27009, approving Amendment No. 8 to the Agreement, in the amount of $492,458, for Resident Project Representative (RPR) and Supplemental Construction Administration Services, additional design Services, and Reimbursable Expenses ; and WHEREAS, on March 27, 2009, the City approved Amendment No. 9 to the Agreement, in the amount of $20,000, for design modifications necessitated by the Miami -Dade County Public Works, Traffic Engineering Division ; and WHEREAS, on October 14, 2010, the City approved Amendment No. 10 to the Agreement, in the amount of $18,052, for assisting the City with the re -bid effort, and the renewal, and extension of numerous permits for the Project; and WHEREAS, on October 14, 2010, the City approved Amendment No. 11 to the Agreement, in the amount of $10,000, for the design of a 12 -inch water main on 4 Street from Jefferson Court to Washington Avenue, within the Project; and t . WHEREAS, on November 2, 2010, the City approved Amendment No. 12 to the Agreement, in. the amount of $16,000, for additional professional services associated with the landscape design drawings, including encroachment documentation for the Project; and WHEREAS, the following Amendment No. 13 to the Agreement, increases the Agreement fee by $19,200, for additional professional services for the Project, for a total fee of $1,424,532. 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 this Amendment No. 13. 2. MODIFICATIONS The Agreement is amended to include and incorporate the additional work, asset forth in Schedule "A -13 ", attached hereto. 2 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. 13. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 13 to. be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH VAAi�- p4wt By__ .. Robert Parcher, City Clerk e r4onza A City Manager ATTEST: CONSULTANT: WOLFB A ARTNERS By r Secretary: Preside t: f)dw I I 'Print Name Print Name APPROVED AS TO FORM & LANGUAGE & FOH.EXECUTION f t ttorney at 3 SCHEDULE "A -13" SCOPE OF SERVICES Schedule "A" entitled, "Scope of Services ", is amended as follows: ADD .the following under Task 5 — ADDITIONAL SERVICES The CONSULTANT shall furnish additional design services associated with the South Pointe RDA Phase II Project (Project) as noted below: Task 5 18 — Additional Design Services Associated with the Design Revisions Resulting;in a 95% Construction Documents Submittal based on additional subsurface investigations The CONSULTANT shall, prepare a revised 95% Construction Documents. submittal, including the results gathered from the subsurface investigations performed by F.R. Aleman on June 1, 2007. The revised Construction Documents shall include the locations of existing utilities and subsurface conditions identified through the additional subsurface investigation. The CONSULTANT shall upon completion of the revisions provide a 95% Construction Documents submittal which incorporates the findings of the subsurface investigation. The CONSULTANT shall provide the CITY with four (4) copies of the revised Contract Documents .signed and sealed, and the CAD files.. Compensation for these services shall be based on an amount not -to- exceed $19,200, to be billed by the CONSULTANT based on the tasks completed. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 4 I