Amendment No.12 with Wolfberg/Alvarez and Partners, Inc. •
AMENDMENT NO.12
TO THE PROFESSIONAL
ARCHITECTURAL AND
ENGINEERING (A/E) SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH,
FLORIDAAND
WOLFBERG/ALVAREZ AND PARTNERS,
INC.DATED OCTOBER 26, 2022
FOR THE PROVISION OF ADDITIONAL PROFESSIONAL
ARCHITECTURAL ANDENGINEERING SERVICES FORTHE FLAMINGO
PARK PROJECT INTHE NOT-TO-EXCEEDAMOUNTOF $194,361
This Amendment No. 12 to the Agreement made and entered .this 2(0 day of
OC(gg , 2022, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation existing under the laws of the State of Florida (hereinafter referred to as the
"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, pursuant to Request for Qualifications (RFQ) No. 15-06/07, the
Mayor and City Commission adopted Resolution No. 2007-26609 on September 05,
2007, 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 scope of the Agreement included architectural, engineering,
master planning, landscape architecture and surveying services, for the development
of the Master Plan, as well as the-design, bidding, 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 and authorizing the Mayor and City Clerk to execute Amendment No. 1
for a total amount of$77,720,for additional architectural and engineering services '
associated with revisions to the Master Plan and Tennis Center and amendments No.'s 2
through 4 were administratively approved by the'City Manager,for a total amount of$6,446,
for additional architectural and engineering services associated with changes to the scope
and the design of the Tennis Center; and
WHEREAS, on January 15, 2014, the City Commission adopted Resolution No. 2014-
28449, approving and authorizing the Mayor and City Clerk to execute Amendment No. 5
for a total amount of $403,261 and this Amendment provided for the planning, design,
bidding, and construction phase services of the following park improvements, which consist
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Wolfberg/Alvarez and Partners,Inc.Amendment No.12
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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 approved administratively by
the City Manager for a total amount of $14,732 and this amendment provided for scope
modifications to the Master Plan concept that included an outdoor fitness cluster, the
replacement of the community garden with a butterfly garden, the relocation of the new
restroom facility and upgrades to the baseball, softball and soccer fields, inclusive of sod,
drainage and irrigation; and
WHEREAS, on July 114, 2015, Amendment No. 7 was approved by the City Manager
for a total amount of$15,090, for additional design services associated with the renovation
of 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 include updated phases for
construction completion, revised construction cost estimates; the design, bidding and
construction administration of the renovation of the Robert Hass and Joe Rubin Handball
Court Buildings, the eight (8) existing outdoor courts and additional scope identified for the
softball field with new lighting, new benches, dug out, and a synthetic turf playing field with
associated site drainage; and
WHEREAS, on September 12, 2018, the City Commission adopted Resolution No.
2018-30478, approving Amendment No. 9, in the amount of $71,200, for the provision of
additional 'architectural and engineering services that included: 1) revisions associated with
the relocation of the existing IT Room (currently located inside the historic lodge); 2) plan
revisions to park-wide landscaping and concrete pathways (due to Hurricane Irma tree
damages); 3) relocation of baseball field guy wires (due to the unforeseen conflict with the
renovation of ADA ramps); 4) preparation of construction documents for the softball field,as
a "stand-alone" project and 5) preparation of a new specific purpose and topographic survey
for Flamingo Park; and
WHEREAS, on July 17, 2019, the City Commission adopted Resolution No. 2019-
30874 approving Amendment No. 10 in the amount of $35,216, for the provision of
additional architectural and engineering services as a result of a community request and
direction from the City Commission to revisit the Flamingo Park Master Plan regarding tree
retention and mitigation., and for the extension of construction administration services for the
renovation of the Joe Rubin and Robert Haas handball courts for added scope of work
associated to the restoration of stucco and project phasing; and
WHEREAS, On September 17, 2021, the City Commission adopted Resolution No.
2021-31837, approving Amendment No. 11 in the amount of$365,800, for the provision of
additional architectural and engineering professional services for the Flamingo Park Master
Plan that include the implementation of resiliency strategies within the baseball field and
softball field renovation projects, including an underground storm water retention system to
assist in the collection, treatment, and disposal of storm water run-off from the Flamingo
Park Neighborhood, and solar panels for the pedestrian lighting within the park; and
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Wolfberg/Alvarez and Partners,Inc.Amendment No.12
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WHEREAS, the Consultant commenced the design of the resilient elements including
the storm water retention system and as part of the design development process, the
design team met with the Parks and Recreation and Public Works Departments to review
the plans and coordinate the future use of the system in the Flamingo Park Neighborhood
Improvement Project; and
WHEREAS, it was noted that the selected storm water retention system did not
provide the anticipated capacities or benefits to the neighborhood project, and further still,
posed significant maintenance challenges for the City; and
WHEREAS, the design consultants and City staff determined that the. City and the
Flamingo Park Neighborhood would be better served by exploring and investigating
alternative resiliency strategies, which would better accomplish the intended goals and as a
result, the team abandoned the design of the storm water retention system in favor of a
different approach that would allow for expandability and would help address water quality
concerns related to the overall collection and drainage system; and
WHEREAS, the underground retention system is being replaced to incorporate a
modular approach based on injection wells andthe design consultants will have to redesign
the baseball and softball field collection and drainage systems; and
WHEREAS, the original scope of work for the baseball stadium was limited to the
renovation of restrooms, the replacement of windows and flooring in the press box, and the
addition of new ADA seating areas and ramps in the grandstand; and
WHEREAS, as part of their due diligence, the Consultant has conducted site visits to
the baseball stadium this year which resulted in additional recommendations for the repair
of newly identified unforeseen conditions that include:
(1) re-roof ticket booth
(2) renovation of ticket booth interior and exterior finishes and air conditioning
(3) re-roof restroom"building ,
(4) . repair/remodel existing metal stairs to press box and walkway from stair to
press box entrance
(5) repair existing metal roof and wall panels of the press box
(6) repair and/or replace, as needed, structural metal deck under press box
WHEREAS, the City requested a proposal from Wolfberg/Alvarez for the provision of
additional professional services associated with the design of an alternative storm water
retention system, the redesign of the drainage systems for the baseball and softball fields,
the design of corrective scope of work for newly identified unforeseen conditions at the
baseball stadium, and to include an allowance for future unforeseen design requirements;
and
WHEREAS, the Consultant presented the City a fee proposal for additional
professional services and staff negotiated and reached an agreement for the additional
professional services in the not-to-exceed amount of$194,361; and
WHEREAS, the negotiated fee is commensurate with the level of work
contemplated in the scope of services for this project and the total revised contract amount
is $1,858,095.
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Wollberg/Alvarez and Partners,Inc.Amendment No.12
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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 receipt and adequacy of which 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 as defined in Schedule "A-12", 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. 12.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 12 to be
I executed in their names by their duly authorized officials as of the date first set forth
above.
,
ATTEST: CITY OF MIAMI BEACH, FLORIDA
Rafael E Gran _______ 4: 27......:....€__________
a io, City Clerk Dan Gelber, Mayor
ATTES I0 NO Y 0 2 2022;ONSULTANT:
WOLFBERG / A EZ AND PARTNERS,INC.
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Wolfberg/Alvarez and Partners,Inc.Amendment No.12