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Amendment No. 2 .:;Jo~J, - 2<fCJCI3 . ( AMENDMENT NO.2 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A I E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND WOLFBERG ALVAREZ & PARTNERS, DATED SEPTEMBER 25, 2002, IN AN AMOUNT NOT-TO-EXCEED $10,750.00, FOR THE PROVISION OF ADDITIONAL PROFESSIONAL SERVICES, ASSOCIATED WITH ADDITIONAL SURVEYING SERVICES FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 12C - SOUTH POINTE RDA PHASE II PROJECT. This Amendment No. 2 to the Agreement made and entered this ~day of "^ 0.'(" Co h , 2005, by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing under the laws of the State of Florida (hereinafter referred to as CITY), having its principal offlces at 1700 Convention Center Drive, Miami Beach, Florida 33139, and Wolfberg Alvarez & Partners, having its offices at 1500 San Remo Avenue, Suite 300, Coral Gables, Florida 33146 (hereinafter referred to as CONSULTANT). RECIT AL$ WHEREAS, pursuant to Request for Qualifications (RFQ) No. 57-00/01. the Mayor and City Commission adopted Resolution No. 2002-24993, on September 25, 2002, approving and authorizing the Mayor and City Clerk to execute an Agreement with WOlfberg Alvarez & Partners, for Professional Services for the South Pointe RDA Phase II Neighborhood Streetscape and Utility Improvement Project; and WHEREAS, the Agreement provides for the detailed planning, design, permitting, bidding 1 award and construction administrative services for various streetscape I utility improvements within the South Pointe RDA Phase /I neighborhood; and WHEREAS, the Agreement was executed for a not-to-exceed amount of $469,634.00; and WHEREAS, the administration has negotiated Amendment NO.1 to the Agreement for the implementation of additional underground utility field verification efforts to further refine contract documents by selectively investigating .utility" locations where proposed underground infrastructure will intersect with existing improvements; and WHEREAS, the Scope of Services of this Amendment NO.2 is intended to address the additional services for updating I revising the survey for areas within the project boundary that have recently implemented right-of-way improvements adjacent to the new private developments and within along the Alton Road right-of-way from Fourth to Fifth Streets; and WHEREAS, the CONSULTANT has requested an increase to its allowance to update I revise its survey along Second Street from Washington to Meridian Avenues adjacent to the . . ( Courts development, along Fourth Street and Michigan Avenue adjacent to the Thyssen development, along Third Street and Michigan Avenue adjacent to the Absolut development and along Alton Road between Fourth and Fifth Streets to revise its survey so that it reflects the most current information; and WHEREAS, the CITY and the PROGRAM MANAGER, concur with the CONSUL T ANT's recommendation to survey the identified corridors since new developments have been completed; thereby, requiring the survey to be updated I revised; and WHEREAS, this Amendment No.2 increased the total contract fee by a not-to-exceed amount of $10,750; and 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 follows: TASK 6.3 - entitled Surveying, ADD the following to this paragraph: "The survey will be revised to reflect existing conditions in accordance with task 2.1 for the following areas: Area 1: Alton Road between Fourth and Fifth Streets Area 2: Along Fourth Street and Michigan Avenue adjacent to the Thyssen development Area 3: Along Third Street and Michigan Avenue adjacent to the Absolut development Area 4: Second Street from Washington to Meridian Avenues adjacent to the Cosmopolitan development Additionally, the existing survey will be updated and additional grade elevations in approximately 40 locations will be provided," 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, , . l. " ATTEST: ^~tI! kctC 'b1C""~ K' Ttr.M", '.),. ltAp'h..1 /l.rf- CiJ.~d,,~,ful ATTEST: ( " " V CONSULTANT: WOLFBERG ALVAREZ & PARTNERS By P'~~ se, YltePRESIDENT ~~.~ Print Name