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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 Page 1 of4 Wolfberg/Alvarez and Partners,Inc.Amendment No.12 • • 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 Page 2 of 4 Wolfberg/Alvarez and Partners,Inc.Amendment No.12 Y" 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. Page 3 of 4 Wollberg/Alvarez and Partners,Inc.Amendment No.12 's 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. 1 1,.4 011 • Raf-• lab 'fit sill."' Jtniei-E-Airaret President Weer- g. t401Zl.cn'E §a'6,„ .lilCORtikaD^ Page 4 of 4 Wolfberg/Alvarez and Partners,Inc.Amendment No.12