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Amendment No. 1 ~OO~-?V'f<f3 AMENDMENT NO.1 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A I E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND WOLFBERG ALVAREZ & PARTNERS, DATED SEPTEMBER 25, 2002, IN AN AMOUNT NOT-TO-EXCEED $19,750.00, FOR THE PROVISION OF ADDITIONAL PROFESSIONAL SERVICES, NECESSARY FOR THE IMPLEMENTATION OF THE UNDERGROUND UTILITY VERIFICATION EFFORTS, FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 12C - SOUTH POINTE RDA PHASE II PROJECT. This Amendment No.1 to the Agreement made and entered this .lla...-day of ~EiZ.\J Ae-t1e ' 2005, by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing un r 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, having its offices at 1500 San Remo Avenue, Suite 300, Coral Gables, Florida 33146 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 57-00101, the Mayor and City Commission adopted Resolution No. 2001-24569. on September 25.2002. approving and authorizing the Mayor and City Clerk to execute an Agreement with Wolfberg Alvarez & Partners, for Professional Services for the South Pointe RDA Phase II Neighborhood Streets cape and Utility Improvement Project; and WHEREAS, the Agreement provides for the detailed planning. design, permitting, bidding 1 award and construction administrative services for various streetscape I utility improvements within the South Pointe RDA Phase II neighborhood; and WHEREAS, the Agreement was executed for a not-to-exceed amount of $469,634.00; and WHEREAS, noted in Task 6.5 of the Scope of Services. The CONSULTANT is responsible for the implementation of underground utility field verification efforts on its respective projects. This effort is intended to further refine contract documents by selectively investigating "utility" locations where proposed underground infrastructure will intersect with existing improvements. To this end, the CITY typically provides a reimbursable allowance of $5,000 for the CONSULTANT'S use in retaining the services of a utility location firm. WHEREAS, at this time, the CONSULTANT, has advised that it is ready to commence its underground utility verification effort. The CONSULTANT has provided the City and Hazen and Sawyer, the City's Program Manager. with a map of its intended locations and the effort appears reasonable for the anticipated improvements. ., WHEREAS, the CITY and Hazen and Sawyer concurs with the CONSULTANT'S findings that the $5,000 allowance is insufficient, and should be increased by an additional not-to-exceed amount of nineteen thousand seven hundred fifty dollars ($19,750), to be commensurate with the required level of effort to perform 90 test hole locations. This will result in a total underground utility verification fee of $24,750. 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.1. 2. MODIFICATIONS The Agreement is amended as follow: TASK 6.5 - UNDERGROUND UTILITY VERIFICATION, DELETE this paragraph in its entirety and REPLACE it with the following: "Task 6.5 - Underground Utility Verification: CONSULTANT shall arrange for and coordinate the efforts of a company to perform test holes using the vacuum extraction method ("potholing") for the purpose of identifying conflicts between the location of existing underground utilities and the proposed underground improvements. Actual locations shall be as directed by CONSULTANT. This task shall be utilized as a tool to verify the horizontal location, elevation, size and type of material of the existing underground utilities, as deemed necessary by CONSULTANT, up to the maximum not-to-exceed amount of twenty-four thousand seven hundred fifty dollars ($24,750), consisting of the original contract amount of five thousand dollars ($5,000), and an additional nineteen thousand seven hundred fifty dollar ($19,750) amendment. CONSULTANT'S compensation anticipates the performance of ninety (90) underground utility locations. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project." 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.1. IN WITNESS WHEREOF, the parties hereto have caused this Amendment NO.1 to be executed in their names by their duly authorized officials as of the date first set forth above. WHEREAS, the CITY and Hazen and Sawyer concurs with the CONSULTANT'S findings that the $5,000 allowance is insufficient, and should be increased by an additional not-to-exceed amount of nineteen thousand seven hundred fifty dollars ($19,750), to be commensurate with the required level of effort to perform 90 test hole locations. This will result in a total underground utility verification fee of $24,750. 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.1. 2. MODIFICATIONS The Agreement is amended as follow: TASK 6.5 - UNDERGROUND UTILITY VERIFICATION, DELETE this paragraph in its entirety and REPLACE it with the following: "Task 6.5 - Underground Utility Verification: CONSULTANT shall arrange for and coordinate the efforts of a company to perform test holes using the vacuum extraction method ("potholing") for the purpose of identifying conflicts between the location of existing underground utilities and the proposed underground improvements. Actual locations shall be as directed by CONSULTANT. This task shall be utilized as a tool to verify the horizontal location, elevation, size and type of material of the existing underground utilities, as deemed necessary by CONSULTANT, up to the maximum not-to-exceed amount of twenty-four thousand seven hundred fifty dollars ($24,750), consisting of the original contract amount of five thousand dollars ($5,000), and an additional nineteen thousand seven hundred fifty dollar ($19,750) amendment. CONSULTANT'S compensation anticipates the performance of ninety (90) underground utility locations. Unused amounts in this allowance shall be credited back to the CITY at the completion of the project." 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.1. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: Jg;Z.Z1.1f=l~"1 D;,CCle. Capital Improvement Office DI~ ~ rnl1 ATTEST: ,Director. O~ provement Office CONSULTANT: WOLFBERG ALVAREZ & PARTNERS By ,aW16.PRESIDENT ha\Jld A. ~O Ifbpl'C.. Print Name ..J