Agreement with Wolfberg Alvarez and PartnersDocuSign Envelope ID:2E9B5DI5-C94B-4ADD-9B20-DEDOFB5AE087 EXHIBIT A
AMENDMENT NO.13
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 IN A NET CREDIT TO THE CITY IN THE AMOUNT OF
$158,305
This Amendment No. 13 to the Agreement made and entered this _ day of
2023, 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. (WA), 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,
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Wo/fberg/Alvarez and Partners, Inc. Amendment No.13
DocuSign Envelope ID: 2E9B5Dl5-C94B-4ADD-9B20-DEDOFB5AE087
EXHIBIT A
bidding, and construction phase services of the following 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 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 14, 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.13
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EXHIBIT A
WHEREAS, on October 26, 2022, the City Commission adopted Resolution No. 2022-
32346, approving Amendment No. 12 in the amount of $194,361 for the provision of
additional professional services for the Flamingo Park Master Plan 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, WA commenced the redesign of the softball field storm water collection
and drainage systems, and as part of the design development process submitted 60%
design drawings in late December 2022 which were shared with City departments for internal
review; and
WHEREAS, in January 2023, City of Miami Beach departments provided plan review
comments that included substantial additional scope of work and improvements including the
addition of CCTV infrastructure, widening and shifting of concrete pathways, a new 12 feet
wide double gate with removable bollards at Meridian Ave, increase field maintenance gates
to 12 feet wide with concrete aprons, increase the height of all perimeter chain -link fencing,
provide new bull pen/batting cage, provide additional park benches on concrete pads along
the outfield pathways, include additional base mounts and pitch plates to accommodate
multiple age groups, change backstop canopy height to 20 feet high, extend foul ball netting
around the softball field, modify the outfield dimensions and home run fencing, include
striping of a youth soccer field in the outfield, replace existing light poles in the central plaza,
and revisions to the plant material in the landscape plans; and
WHEREAS, the City requested and received a proposal from WA for the provision of
additional professional services associated with additional design scope of work, and
modifications and improvements to the softball field; and
WHEREAS, the City also requested that WA include a $25,000 design allowance for
unforeseen conditions which would. require their services; and
WHEREAS, the proposal for additional professional services has been reviewed and
negotiated by staff in the not -to -exceed amount of $82,853, including the requested design
allowance for unforeseen conditions; and
WHEREAS, the negotiated fees are commensurate with the level of work contemplated
for the additional scope of work required for this project; and
WHEREAS, simultaneously, this Amendment 13 shall credit the City $241,158 for
design and engineering services not yet completed, associated with the re -development of
the Flamingo Park baseball field; and
WHEREAS, in order to expedite the design and construction of the improvements to
the baseball field, City staff will identify specific scope which can be implemented with
minimal or no interruption to the use of the field, such as the upgrade and replacement of
sports lighting, or structural repairs to the bleachers; and
WHEREAS, City staff will also coordinate the remaining scope to take place in a
manner which minimizes, to the extent possible, interruptions to the use of the baseball field;
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Wolfberg/Alvarez and Partners, Inc. Amendment No.13
DocuSign Envelope ID: 2E9B5D15-C94B4ADD-9B20-DEDOFB5AE087 EXHIBIT A
and
WHEREAS, this Amendment No. 13 (Exhibit A) shall provide a net credit of $158,305
(i.e., credit of $241,158 for services not yet rendered less proposed fees for additional
services in the not -to -exceed amount of $82,853) resulting in a revised total contract amount
of $1,699,790.
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. 13
2. MODIFICATIONS
(a) The Agreement is amended as defined in Schedule "A-13", attached herein.
(b) In consideration for the services to be performed under this Amendment No. 13, City
shall deduct the amount of $158,305.47, as provided in Schedule "13-13" and proposal
dated 06/01/2023 (Revised) attached hereto.
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. 13.
[BALANCE OF PAGE INTENTIONALLY BLANK.]
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Wolfberg/Alvarez and Partners, Inc. Amendment No. 13
DocuSign Envelope ID: 2E9B5D15-C94B4ADD-9B20-DEDOFB5AE081
EXHIBIT A,
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 13 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
jI II _ 5
Rafae . Granado, City Clerk -Dan Gelber, Mayor
ATTEST:
CDoouSigned by:
a 6brala
DF45F9EEF24F443...
Rafael Labrada
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
6/28/2023
f:;2✓ City Attorney Date
CONSULTANT:
WOLFBERG ALVAREZ AND PARTNERS, INC.
EDocuSigned by:
Au6t,
63F1E732383F49F-.
Julio E. Alvarez, President
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Wolfberg/Alvarez and Partners, Inc. Amendment No.13