Amendment No. 9 to the PSA with Wolfberg/Alvarez and Partners, Inc. Aga— 30 y7
Exhibit A
AMENDMENT NO. 9
TO THE PROFESSIONAL ARCHITECTURAL
AND
ENGINEERING (A/E)SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
WOLFBERG/ALVAREZ AND PARTNERS, INC.
DATED MARCH 27TH, 2008,
FORTHE PROVISION OF ADDITIONAL PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES FORTHE FLAMINGO PARK PROJECT INTHE AMOUNT
OF $71,200
This Amendment No. 9 to the Professional Architectural Engineering (A/E) Services
Agreement made and entered this 5day ofC)c.-To Bo12018, 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 and Partners, Inc., a Florida
corporation, having its offices at 75 Valencia Avenue, Suite 1050, Coral Gables, FL 33134
(hereinafter referred to as Consultant).
RECITALS
WHEREAS, on September 05, 2007, pursuant to Request for Qualifications (RFQ)
No. 15-06/07, the Mayor and City Commission adopted Resolution No. 2007-26609
approving and authorizing the Mayor and City Clerk to execute an Agreement with
Wolfberg / Alvarez and Partners, Inc., for Professional Architecture and Engineering
Services for the Flamingo Park Project (the Agreement); and
WHEREAS, the Agreement provides for the architectural, engineering, master
planning, landscape architecture and surveying, as necessary for the Flamingo Park
Project and includes the development of the Master Plan Concept; and the design, bidding
and award services, and construction administration of the Tennis Center; and
WHEREAS, the Agreement was executed for a not-to-exceed amount of
$443,000; and
WHEREAS, on July 14, 2010, the City Commission adopted Resolution No. 2010-
27427, approving Amendment No.1 to the Agreement, in the amount of $77,720, for the
provision of additional architectural and engineering services associated with revisions to the
Master Plan and Tennis Center; and
WHEREAS, on March 20, 2012, Amendment No. 2 was executed by the City in the
amount of $1,528, for the provision of additional architectural and engineering services
associated with the relocation of the FPL transformer to the south side of the Tennis Center
and associated revisions to the electrical room; and
WHEREAS, on October 2, 2012, Amendment No. 3 was executed by the City in 'the
amount of $2,902, for the provision of additional architectural and engineering services
associated with the partial re-design of the Tennis Center building structure due to an
unforeseen existing underground utility duct bank; and
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Wolfberg/Alvarez and Partners,Inc.,Amendment No.9
1 T
Exhibit A
WHEREAS, on August 15, 2013, Amendment No. 4 was executed by the City in the
amount of $2,016, for the provision of additional architectural engineering services associated
with the design of the structural support of the ornamental sphere to be installed in the
landscape planter on the west side of the Tennis Center building; and
WHEREAS, on January 15, 2014, the City Commission adopted Resolution No. 2014-
28449, approving Amendment No.5 in the amount of$403,261, for additional architectural and
engineering services associated with the planning, bidding and construction phase services of
the remaining Park improvements, which consist of a community garden, baseball field
renovation, historic lodge renovation, new park entrance, enhanced pedestrian/bike paths, new
interactive water feature, teenage activity, lighting enhancement, signage, drainage,
landscaping and irrigation; and
WHEREAS, on April 23, 2015, Amendment No. 6 was executed by the City in the
amount of $14,732, for the provision of additional architectural and engineering services
associated with scope modifications to the Master Plan concept that include an outdoor fitness
cluster, the replacement of the community garden with a butterfly garden, the relocation of the
new restroom facility, and upgrades to all playing fields (sod, drainage and irrigation); and
WHEREAS, on July 14, 2015, Amendment No. 7 was executed by the City in the
amount of $15,090, for the provision of additional architectural and engineering services
associated with professional design services to renovate the existing soccer field, including
replacing existing sod with synthetic turf and site drainage in and around the field; and
WHEREAS, on December 14, 2016, the City Commission adopted Resolution No.
2016-29672, approving Amendment No. 8 in the amount of $231,269, for the provision of
additional architectural and engineering services that included updated phases for construction
completion, revised construction cost estimates; the design, bidding and construction
administration of the renovation of the Robert C. Hass Handball Court Building, the Joe Rubin
Handball Court Building and the eight (8) existing outdoor courts; and the renovation of the
softball field with new lighting, new benches and dug out, and a synthetic turf playing field with
associated site drainage; and
WHEREAS, Amendment No. 9 to the Agreement is for additional architectural and
engineering services associated with additional scope to the Master Plan concept which
include: 1) Revisions associated to the relocation of the existing IT Room currently located
inside the soon to be renovated Historic Lodge. Due to the importance the IT Room serves to
the Flamingo Park, in collaboration with Parks and Recreation, IT Department and the Design
Team, it was decided as best option to relocate the IT Room to a separate location outside the
Historic Lodge; 2) Phase I plan revisions due to Hurricane Irma tree damages; 3) Baseball
field guy wires relocation due to the unforeseen conflict with the renovation design of ADA
ramps; 4) Separation of the softball field plans from Phase I in order for the softball field to
become a "stand-alone" project; and 5) Preparation of a new specific purpose and topographic
survey for Flamingo Park in order to comply with Building Department's comments to provide
an updated survey, in the amount of$71,200; and
WHEREAS, the proposal from Consultant was reviewed and found to be fair and
reasonable; and
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Wolfberg/Alvarez and Partners,Inc.,Amendment No.9
Exhibit A
WHEREAS, this Amendment No. 9 to the Agreement will revise the total contract sum
to the not-to-exceed total amount of$1,262,718.
{
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.9.
2. MODIFICATIONS
The Agreement is amended as defined in Schedule "A-9", attached herein.
a. In consideration for the additional work and scope set forth in Schedule "A-9", the
City shall pay Wolfberg / Alvarez and Partners, Inc. the total not-to-exceed
amount of $1,262,718, in accordance with the terms and conditions of the
Agreement.
b. The work associated with this Amendment No. 9 shall not include any extension
in the Contract Time, as set forth in the Agreement. The Contract Time remains
unchanged.
c. The amount and time set forth herein are the maximum agreed to by both the City
and Wolfberg / Alvarez and Partners, Inc. for all work associated with this
Amendment No. 9. Wolfberg / Alvarez and Partners, Inc. attests that the
Agreement adjustment provided herein is reasonable, and constitutes
compensation in full for all costs, claims, markup, and expenses, direct or indirect,
attributable to this Amendment, including but not limited to compensation in full for
any delays, acceleration, or loss of efficiency encountered by Wolfberg /Alvarez
and Partners, Inc. in the performance of the Work through the date of this
Amendmet. In consideration of the compensation and time, if any, in this
Amendment No. 9, Wolfberg/Alvarez and Partners, Inc. hereby releases the City
from all claims, demands, or causes of action arise out of the transactions, events
and occurrences giving rise to this Amendment No. 9. This written Amendment
No. 9 is the entire agreement between the City and Wolfberg / Alvarez and
Partners, Inc. with respect to this Amendment. No other agreements or
modifications shall apply to this contract amendment unless expressly provided
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. 9.
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Wolfberg/Alvarez and Partners,Inc.,Amendment No.9
Exhibit A
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: CITY OF MIAMI BEACH, FLORIDA
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Ra el E. ranado, g ''• , Dan Gelber •
City Clerk '•., ' ♦Mayor
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Attachment: Exhibit A, Schedule A-9
APPROVED AS TO I
FORM&LANGUAGE
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Wolfberg/Alvarez and Partners,Inc.,Amendment No.9