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Amendment 9 w/ Wolfberg Alvarez & PartnersAMENDMENT N0.9 J'~ 7 e _ 9/~S. /~ 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 fi' --~ t IN AN AMOUNT NOT-TO-EXCEED $20,000, ~ ~~" ~.- FOR ADDITIONAL PROFESSIONAL DESIGN SERVICES, FOR THE RIGH~~O~=1NA'i~` ~.~~ ' INFRASTRUCTURE IMPROVEMENTS PROGRAM ~' "' NEIGHBORHOOD NO. 12C -SOUTH POINTE RDA PHASE II PROJ~~, _ °~~ ` ~, This Amendment No. 9 to the Agreement made and entered this~~ day of mMic~~ ;'2009, 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 Agreementwith the Consultantfor 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 snot-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, forthe implementation of additional underground utilityfield 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 WHEREAS, on January 10, 2006, the City approved Amendment No. 4 to the 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, the following Amendment No. 9 to the Agreement, is for $20,000, for design modifications necessitated by the Miami-Dade County Public Works, Traffic Engineering Division ; and WHEREAS, the following Amendment No. 9 increases the total Agreement by $20,000; for a total fee of $1,361,280. 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. 9. 2. MODIFICATIONS The Agreement is amended to include and incorporate the additional work, asset forth in Schedule "A-9", 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. 9. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 9 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: L"., ,. ~ ~~ Robert Parcher, City Clerk CITY OF MIAMI EA H By . Fred H. Beckmann ATTEST: . ,, APPROVED AS TO Secretary: GUAGE 8- FOR CUTION ~~a~~ Uld~-h Print Name CONSUL WOLF R AL By Presi ent: ~~L. Print Name 8~ PARTNERS SCHEDULE "A-9" 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 14 -Miami-Dade County Public Works Traffic Enaineering Division Parking Revision Requirements. During the planning phase of the Project, the City directed Wolfberg Alvareztoinclude 7-foot parking stalls as were previously constructed as part of the South Pointe Phase I Project. During the permitting review process the Miami -Dade County Public Works, Traffic Engineering Division rejected this design. The 7-foot wide parallel parking stalls along 4`h Street and 2"d Street, as currently proposed, are to be revised by Wolfberg Alvarez to reflect 8-foot wide parking stalls mandated by the Miami-Dade County Traffic Engineering Division during the permitting review process. The hardscape, drainage, landscape and irrigation, and lighting drawings shall also be modified and coordinated to comply with this parking stall width requirement. The required changes will be implemented within four (4) weeks of the approval and issuance of the Notice to Proceed. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] Page 1 of 1 Page 1 of 1 Hernandez, Kerry From: Parcher, Robert Sent: Friday, March 27, 2009 9:25 AM To: Gonzalez, Jorge Cc: Beckmann, Fred; Hemstreet, Tim; Hernandez, Kerry Subject: Amendment No. 9 to the Wolfberg Alvarez & Partners agreement date September 25, 2002. FYI Amendment No. 9 Dated March 27, 2009 in an amount not-to-exceed $20,000 for additional professional design services, for the right-of-way infrastructure improvements program Neighborhood No.12C -South Pointe RDA Phase II Project. The amendment was authorized by Fred and I attested today. Bob M IAM I BEACH Robert Parcher, City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411 / Fax: 305-673-7254 / www.miamibeachfl.gov_ We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 03/27/2009