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WOLFBERG ALVAREZ AND PARTNERS, a a r n 93 AMENDMENT NO. 2 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A/E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND WOLFBERG ALVAREZ AND PARTNERS, DATED AUGUST 25, 2010, FOR THE PROVISION OF ADDITIONAL PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE PROPERTY MANAGEMENT FACILITY PROJECT IN THE AMOUNT OF $99285. This Am ndment No. 2 to the Agreement made and entered this day of ffq N S, , 2013, by and between the CITY OF MIAMI BEACH, a municipal corporation exis ng 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 AND PARTNERS, a Florida corporation, having its offices at 1500 San Remo Avenue, Suite 300, Coral Gables, 33146 (hereinafter referred to as Consultant). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 10-09/10, the Mayor and City Commission adopted Resolution No. 2010-27383 on May 12, 2010, approving and authorizing the Mayor and City Clerk to execute an Agreement with Wolfberg Alvarez and Partners for the Planning, Design, Bid, Award, and Construction Administration Services for the Property Management Facility Project(the Agreement); and WHEREAS, the Agreement provides for the detailed planning, design, permitting, bidding /award and construction administration services for the Project; and WHEREAS, the Agreement was executed for a not-to-exceed amount of$315,216.28; and WHEREAS, Amendment No. 1 for the provision of additional architectural and engineering services associated with revisions to the approved Basis of Design Report for the Property Management Facility was executed on August 17, 2011, in the amount of $6,036.72; and WHEREAS, the following Amendment No. 2 to the Agreement is for the provision of additional architectural and engineering services related to construction documents revisions, necessary to mitigate construction cost increases as a result of project schedule delays initiated by City; and [REMAINDER OF THIS PAGE LEFT BLANK] Page 1 of 3 Wolfberg Alvarez Amendment No 2 i 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. 2. 2. MODIFICATIONS The Agreement is amended as defined in Schedule "A-2", attached herein. 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. 2. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BE H Rafael Granado •••••••• ,'9 Ji y L. Mor I City Clerk Ci Manage ATTEST : INCORP ORATED: W LFBERG ALVAREZ & PARTNERS Signature/ Secretary: Si ature Pres t J � � 2 Print Name Print Name APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION qty A t o e D e Page 2 of 3 Wolfberg Alvarez Amendment No 2 ' 4 ' SCHEDULE 11A-2" SCOPE OF SERVICES Schedule "A" entitled, "Scope of Services", is amended as follows: Add the following under Task 5—ADDITIONAL SERVICES Task 5.2—Additional Design Services: For the provision of additional architectural and engineering services related to construction documents revisions, necessary to mitigate construction cost increases resulting from a fifteen (15) month project schedule delay initiated by City. • 6-month delay: Agreement was executed on August 4, 2010 but the project did not commence until February 2011. • 9-month delay: Project was placed on hold at the request of the City to study the feasibility of incorporating the City's Parking Department's Meter and Sign Shops into the Property Management Facility. PAYMENT AND COMPENSATION The total fee proposed for this Scope of Work is $9,285 (refer to Exhibit A-2 attached herein). Invoicing will be paid in a lump sum after the services are completed and based on hourly rates as defined in the current agreement between Wolfberg Alvarez and Partners and the City of Miami Beach. COMPENSATION • Original Agreement amount $315,216.28. • Amendment No. 1: For the provision of additional architectural and engineering services associated with revisions to the Basis of Design Report approved by the Design Review Board on June 7, 2011 in the amount of$6,036.72. • Amendment No. 2: For the provision of additional architectural and engineering services related to revisions to the construction documents to mitigate construction cost increases associated with the extended project schedule in the amount of$9,285.00 • Revised Agreement amount $330,538. Page 3 of 3 M8:Wolfberg Alvarez Amendment No 2 EXHIBIT A-2 Julio E.Alvarez,PE,President Aris Garcia,AIA,Vice President Mado H.Gutierrez,PE,LEED A•Vice President 3225 AVIATION AVENUE,SUITE 400 MIAMI,FL 33133- PH 305-666-5474. July 24, 2013 Ms. Thais Vieira, R.A. Capital Projects Coordinator City of Miami Beach Office of Capital Improvement Projects 1700 Convention Center Drive Miami Beach,FL 33139 RE: Property Management Facility WA Project No.:2011500 Subj: Additional Services Dear Thais: Pursuant. to our recent meeting and subsequent telephone conversations, we are. hereby respectfully requesting additional services to. cover delays duri ng the design phase of the project, initiated by the City. The agreement with the City was executed on August 4, 2010, but the.project did not commence until February 2011, a 6-month delay. Additionally, from September 2011 to June 2012, the project was again put on hold at the request of the City to study the feasibility of incorporating the City's Parking Department's Meter and Sign Shops into the Property Management Facility. In fact, WA was issued an amendment,for additional professional services to perform this analysis. This second delay resulted in a 9-month period, with a cumulative project delay of 1.5 months. According to Turner's Building Cost Index, an analysis used widely the construction industry, as well as Federal and Local governments, the index shows a 4% annual increase in construction costs. Prorated to a 15-month period,it equates to a 5%increase. The original construction budget was $3.6 million, a 5% escalation increase equals $1.80,000.00 in additional construction costs. The original agreement had a value of $185,707.92 for design phase services,.equating to 5.16%of the$3.6 million construction budget. Therefore, given the $180,000.00 construction escalation cost, times the original fee basis for design of 5.16%equals an additional fee of$9,285.00. .....:;i -?I;f�!}M;1fta-:=at t,,ai:v!_�.3)."•,�,j1ii3�ci s6r:i::=.t;Ci.t WOLFBERGALVARELCOM AIRCHITE-CTURE ENGI NEERiNC., 1'_AINN INN 1Nj`ER`-`R DESIGN I s Ms. Thais Vieira, R.A. City of Miami Beach July 24,2013 Page 2.of 2 Accordingly,we are requesting an amendment for additional services in the amount of$9,285.00. I trust you concur with this request. Should it be necessary; feel free to contact our office. Sincerely, farc.V - or e, Senior Vice President. MRM/nl cc: Julio E.Alvarez - WA P.-CAS-Property N1anagemcat racility 20101Project ASana,-emenl'Troposals107-24-13(Thais Vieira)Addidoaal Services.docx