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Amendment No. 12 -�-� 7 AMENDMENT NO.12 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A/ E) SERVICES AGREEMENT. BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND WOLFBERG ALVAREZ & PARTNERS, DATED SEPTEMBER 25, IN AN AMOUNT NOT -TO- EXCEED $16,000, FOR ADDITIONAL PROFESSIONAL SERVICES, ASSOCIATED WITH THE LANDSCAPE DESIGN DRAWINGS INCLUDING ENCROACHMENT DOCUMENTATION FOR THE RIGHT - OF -WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 12C - SOUTH POINTE RDA PHASE II PROJECT This Amendment No.. 12 to the Agreement made and entered this day of h e&em� m 10, 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 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 the Agreement, in the amount of $12,626, for additional efforts associated with Geotechnical, Eva Iuation 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 t 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, i'n 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 WHEREAS, the following Amendment No. 12 to the Agreement, increases the Agreement fee by $16,000, for additional professional services associated with the landscape design drawings, including encroachment documentation for the Project, for a total fee of $ 1,405,332_ 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. 12. 2. MODIFICATIONS The Agreement is amended to include and incorporate the additional work, as set forth in Schedule "A-1 2",, attached hereto. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. �. 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. 12. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 12 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH By Robert Parcher, City Clerk l Jo g Gonzalez, ' Gity Manager, : ATTEST: CONSULTAN n WOLFBE VA iPARTNERS a By Secretary:. Preside t: Print Name Print Name APPROVED AS TO FORM &LANGUAGE & FOR EXECUTION it orn ate - SAS 3 SCHEDULE` "A -12 SCOPE OF SERVICES Schedule "A" entitled, "Scope of Services ", is amended as follows: . ADD 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 5.17 - Additional Design Services Associated with the Revisions to the Landscape Drawings including Encroachment Documentation. The CONSULTANT shall, prepare a revised 95 % Construction Documents submittal (post 90 % Completion Set), to include the following: 1. Eliminate previous request by Parks and Recreation Department to irrigate all right -of -way landscape areas with automatic irrigation to be in compliance with the Basis of Design Report (BODR). A total of 15 sheets shall be revised. 2. Update encroachment listing as a result of various new developments in the neighborhood, including a detailed encroachment list and classification. 3: Reflect any encroachment listing revisions which affect the proposed landscape plans. A total of'15 sheets shall be revised. 4. Implement change(s) to the design criteria, additional review meetings, and respond to additional comments associated with the above stated re The CONSULTANT shall provide the CITY with four (4) copies of the revised'Contract Documents (95% Construction Documents), and the CAD files. Compensation to the CONSULTANT for these services shall not exceed $16,000, and shall be billed upon completion of this task.