Amendment No. 1
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AMENDMENT NO.1
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 $19,750.00,
FOR THE PROVISION OF ADDITIONAL PROFESSIONAL SERVICES,
NECESSARY FOR THE IMPLEMENTATION OF THE UNDERGROUND UTILITY
VERIFICATION EFFORTS,
FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM
NEIGHBORHOOD NO. 12C - SOUTH POINTE RDA PHASE II PROJECT.
This Amendment No.1 to the Agreement made and entered this .lla...-day of ~EiZ.\J Ae-t1e '
2005, by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing un r 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 & Partners, having
its offices at 1500 San Remo Avenue, Suite 300, Coral Gables, Florida 33146 (hereinafter
referred to as CONSULTANT).
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 57-00101, the Mayor and
City Commission adopted Resolution No. 2001-24569. 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 Streets cape 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 II neighborhood; and
WHEREAS, the Agreement was executed for a not-to-exceed amount of $469,634.00;
and
WHEREAS, noted in Task 6.5 of the Scope of Services. The CONSULTANT is
responsible for the implementation of underground utility field verification efforts on its respective
projects. This effort is intended to further refine contract documents by selectively investigating
"utility" locations where proposed underground infrastructure will intersect with existing
improvements. To this end, the CITY typically provides a reimbursable allowance of $5,000 for
the CONSULTANT'S use in retaining the services of a utility location firm.
WHEREAS, at this time, the CONSULTANT, has advised that it is ready to commence its
underground utility verification effort. The CONSULTANT has provided the City and Hazen and
Sawyer, the City's Program Manager. with a map of its intended locations and the effort appears
reasonable for the anticipated improvements.
.,
WHEREAS, the CITY and Hazen and Sawyer concurs with the CONSULTANT'S findings
that the $5,000 allowance is insufficient, and should be increased by an additional not-to-exceed
amount of nineteen thousand seven hundred fifty dollars ($19,750), to be commensurate with the
required level of effort to perform 90 test hole locations. This will result in a total underground
utility verification fee of $24,750.
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.1.
2. MODIFICATIONS
The Agreement is amended as follow:
TASK 6.5 - UNDERGROUND UTILITY VERIFICATION, DELETE this paragraph in its
entirety and REPLACE it with the following:
"Task 6.5 - Underground Utility Verification:
CONSULTANT shall arrange for and coordinate the efforts of a company to perform test
holes using the vacuum extraction method ("potholing") for the purpose of identifying
conflicts between the location of existing underground utilities and the proposed
underground improvements. Actual locations shall be as directed by CONSULTANT. This
task shall be utilized as a tool to verify the horizontal location, elevation, size and type of
material of the existing underground utilities, as deemed necessary by CONSULTANT, up
to the maximum not-to-exceed amount of twenty-four thousand seven hundred fifty
dollars ($24,750), consisting of the original contract amount of five thousand dollars
($5,000), and an additional nineteen thousand seven hundred fifty dollar ($19,750)
amendment. CONSULTANT'S compensation anticipates the performance of ninety (90)
underground utility locations. Unused amounts in this allowance shall be credited back to
the CITY at the completion of the project."
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.1.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment NO.1 to be
executed in their names by their duly authorized officials as of the date first set forth above.
WHEREAS, the CITY and Hazen and Sawyer concurs with the CONSULTANT'S findings
that the $5,000 allowance is insufficient, and should be increased by an additional not-to-exceed
amount of nineteen thousand seven hundred fifty dollars ($19,750), to be commensurate with the
required level of effort to perform 90 test hole locations. This will result in a total underground
utility verification fee of $24,750.
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.1.
2. MODIFICATIONS
The Agreement is amended as follow:
TASK 6.5 - UNDERGROUND UTILITY VERIFICATION, DELETE this paragraph in its
entirety and REPLACE it with the following:
"Task 6.5 - Underground Utility Verification:
CONSULTANT shall arrange for and coordinate the efforts of a company to perform test
holes using the vacuum extraction method ("potholing") for the purpose of identifying
conflicts between the location of existing underground utilities and the proposed
underground improvements. Actual locations shall be as directed by CONSULTANT. This
task shall be utilized as a tool to verify the horizontal location, elevation, size and type of
material of the existing underground utilities, as deemed necessary by CONSULTANT, up
to the maximum not-to-exceed amount of twenty-four thousand seven hundred fifty
dollars ($24,750), consisting of the original contract amount of five thousand dollars
($5,000), and an additional nineteen thousand seven hundred fifty dollar ($19,750)
amendment. CONSULTANT'S compensation anticipates the performance of ninety (90)
underground utility locations. Unused amounts in this allowance shall be credited back to
the CITY at the completion of the project."
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.1.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
Jg;Z.Z1.1f=l~"1 D;,CCle.
Capital Improvement Office
DI~ ~ rnl1
ATTEST:
,Director. O~
provement Office
CONSULTANT:
WOLFBERG ALVAREZ & PARTNERS
By ,aW16.PRESIDENT
ha\Jld A. ~O Ifbpl'C..
Print Name ..J