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Amendment No. 5 AMENDMENTN0.5 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A / E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND WOLFBERG ALVAREZ & PARTNERS, DATED SEPTEMBER 25, 2002 IN AN AMOUNT NOT-TO-EXCEED $24,999, FOR THE PROVISION OF ADDITIONAL PROFESSIONAL SERVICES, ASSOCIATED WITH ADDITIONAL SUBSURFACE EXPLORATION/UTILITY VERIFICATION SERVICES FOR THE RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROGRAM NEIGHBORHOOD NO. 12C -SOUTH POINTE RDA PHASE II PROJECT. This Amendment No. 5 to the Agreement made and entered this 11 day of May , 2007, 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 offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and WOLFBERG ALVAREZ & PARTNERS, a Florida Corporation, having its offices at 1500 San Remo Avenue, Suite 300, Coral Gables, Florida 33146 (hereinafter referred to as the Consultant). RECITALS 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 the Consultant for Professional Services for the South Pointe RDA Phase II Neighborhood Streetscape and Utility Improvement Project (the Agreement); and WHEREAS, the Agreement provides for the detailed planning, design, permitting, bidding / award and construction administrative services for various streetscape /utility improvements within the South Pointe RDA Phase II Neighborhood(the Project); and WHEREAS, the Agreement was executed for snot-to-exceed amount of $469,634.00; and WHEREAS, on February 16, 2005, the City approved Amendment No. 1 to the Agreement, in the amount of $19,750, 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, on March 11, 2005, the City approved Amendment No. 2 to the Agreement, in the amount of $10,750, for additional services for updating /revising the survey for areas within the Project boundary that 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, on October 19, 2005, the City approved Amendment No. 3 to the Agreement, in the amount of $272,673, for additional planning, design and construction administration services associated with the expanded scope of the Project ;and WHEREAS, on January 10, 2006, the City approved Amendment No. 4 to the Agreement, in the amount of $12,626, for additional efforts associated with Geotechnical Evaluation services associated with the expanded scope of the Project; and WHEREAS, the following Amendment No. 5 to the Agreement, is for additional subsurface exploration/utility verification services associated with the Project, for snot-to-exceed amount of $24,999; and WHEREAS, the following Amendment No. 5 increases the total Agreement by $24,999; for a total fee of $810,432. 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: ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 5. 2. MODIFICATIONS The Agreement is amended as follows: TASK 5.1 -SUBSURFACE EXPLORATION/UTILITY VERIFICATION Task 5.1 -Subsurface Exploration: CONSULTANT shall arrange for and coordinate the efforts to conduct subsurface exploration of the Project area, to locate and identify existing utilities and facilities. The work shall include, but is not limited to, obtaining all necessary permits from agencies having jurisdiction to allow work in the project area, for the purpose of marking, measuring and recording the location of utilities identified. All equipment, labor materials necessary to perform the work shall be provided. All utilities encountered shall be designated, and their horizontal and vertical locations recorded for the final report. The Consultant shall neatly remove existing pavement (not to exceed 225-sq. In per cut), excavate the cut in such a manner as to prevent any damage to pipe wrappings, coatings, or protective coverings. The Consultant shall provide and install color coded permanent above ground markers directly above the centerline of the utility structure and record the location of the marker. The Consultant shall restore the pavement within the limits of the cuts, at the time of the backfill. In the event that the excavation is located in an area other than the roadway pavement, the disturbed area will be restored to the pre-excavation condition. The Consultant shall provide a survey of test holes, and a final report. There shall be a total of seventy (70) test holes completed under this Task. Cost shall be limited to the maximum not-to-exceed amount of twenty-four thousand nine hundred and ninety-nine dollars ($24,999). Any 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. 5. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: ' I t to City Clerk Robert Parcher OF MIAMI BEACH ita ATTEST: CONSULTANT: WOLFB BY. Print Name ~rrector Projects Office 8~PARTNERS Print Name APPROVED AS TO FORM & LANGUAGE i nrnr,tn _)£1'.i~} a. 11,r;!1~~-~..:AL ;. 'b~ii: f hai;nrul \-l;lr:~l i<. ',I~v;c71:. 11 1. ti:r;iur 1 i~: Pr:::IJrnt .11'17, 1. ft".1, I~,r~~.. 1'i~:~' I'f:~Ji}illl \'I.n',u I I. t ~1,1!:t'r:/. I' I .. \'1:, 1'i'r,IJ:nI Rcull .I. },,;uc:/. ~ i:i; I'resicl:nt Apri126, 2007 Hazen and Sawyer, P.C. 975 Arthur Godfrey Road The Giller Building, Suite 211 Miami Beach, Florida 33140 Via Fax: 305-534-8887 $ECEI~VED YA7~N AND•SAWYBrt, P.C. Mimi Beach, Fbdd~ ATTN: Mr. Suresh Mistry, P.E. ~R ~ O ~' Project Manager RE: City of Miami Beach ~~/ ~l~ Right-of--Way Infrastructure Improvement Program South Pointe Streetscape Improvements -Phase II ~~ ~' ~ WA Project No.: 2203700 SUBJ: Request for Additional Services for "Soft Dig" Investigation Dear Mr. Mistry: As previously discussed, we are hereby requesting additional services fora "soft dig" investigation in order to locate the subsurface utilities. A copy of the proposal from F.R. Aleman & Associates, Inc. is attached, which includes a detailed scope of work associated with this request. We are also hereby forwarding an updated drawing set depicting the test hole locations. Please review this request for additional services. If acceptable, please issue an amendment to our agreement in the amount of $24,999.80. Should you have questions, please feel free to contact me. cc: Julio Alvarez, P.E. - WA File ,,. , ~~ ,~.:<<,u , _ _ ,~ , :~. , . ~ ,. ~ ... , ~~.. l~iil `;a\ lZI:\1O .111 ~ ~ ~ ~1 II, it!11 ~ r,l<.',I. t, `.14L1 ~ LI ~ 1111) \ _ _ r, i. -, ~. 1.1Ut'd12)I(i ,.>Ilh II.II.1'(i(.AI !~r(~(~;~ ! 1 :_ i I Sincerely, FRt?t : FR ALEhWN FAX N0. :3055996749 Apr. 24 2007 03: 2(~ht P2 R. ALEMAN ~ Associates, inc. e)ONa11LTN0 ENOtNStlrla i SUR1rE1-Op$ 10306 NIYV 41 Street, Suite 200 Mlernl, Florida 33170 tEL: (30S) 391-A777 FAX: (30S) btu-8749 April 24 ,2007 WOLFllERt3 ALVAREZ 8 PARTNlRt3 Attn: Mr. Joroe G Maldo pro P ~ 1 b00 5sn R~np Avenue, Suite 300 coral sables, FL 33146 SUBJECT: Price Propossl for Locating Services at south Pe>,IM, Phaas II (PropoaN Ho1N 1 to 70) Miami Beach, Florida Dear Mr. Maldonado: In accordance with your roquest, F.R. Aleman d, AssodaMa, Inc., (F,RA.) is pleased to submk our Ixoposal to provkte LOCATING services to your company, Teat hole repata w~l have survey informatbn (station, oflaet, 8 elevatbn). Three awing Nee wNl De taken to three atruatures on the puns. The measurements on this project have been roqueatad to be provided in Tenths per Mr. Maldonado 'a request. F.R. ~Et1AAN a Ast30C1ATE8. INC. _ SURVEY -LOCATING 8ERVICt_S - PRICE PA ITEM ~ '- ICRIPTION QUANTITI( PRICE tat Boles ._. . e5r Includsd1 __ 7o i~tolss 5357.14 p.r Hae CONBUr,TINO t3VGiNBeR~ dr. SURVeYpRg waw.FR-Aka~an.wm Email: S ~ ~'~X-AkmAR„~ TOTAL su,t~99.eo l24,99l.t1t0 AMOUNT DUE: I=RA tk-+sed this eat)mab on the scope provided above. Please see AttachmerM 'A" for scope of work, We are prepared to commence work Immediately upon your Issuance of a !.after of Authorizstbn. Please do not baskets to oontad me E you have any qusatbna. Very truly Yom, ~ m ~~,~ D.M. Stanton S.U.E. Dkectpr t:Mo.," ~~.rMnxrrew ~ ~,a...warM rorr . ~a0rovn~ "ou- nwe ~{rM~-tslww~ w•swrr. rnt: WOLFBERG, ALVAReZ 8 PARTNERS Date' Pape 1 of 3 Miami - - Orlando -Tempe Jacksonville - - Tailahasaee FR~t : FR ALE~~pW FAX ND. :385998749 ATTACNMENT"A" Standard Consultant Agreement F.R. Aleman b Associates. Inc. Apr. 24 2007 03:28'M P3 UNDERGROUND UTILITIES The Consultant wNl provide all •ubsurtaoe boating service6 required for location subsurface utr~ty factAties. 1. Definitions: The term "designate' in this Sco i Indicates by marks ~ pe of Services shah mean to exisd subsurface uti~ enoe and approximate horizontal depth of ail techni ues. Ong standard 9~PhYsical Prospecting q The Consultant does not guarantee the accuracy of such ~; designations as substitutions for as-built information obtained durl and demolition, excavatbn, or constructlan actlvitfes, n9 The te-m "boats" shah mean to obtain an acx:urete vertical) of subsurface utilities by excavating a feat hobs and( recordttng albs position. 2. Designate Subswfaoe Utilities: The service wiN include. but not be limited to, the foNoaring: Obtain all necessary permits ~'1 lurisdidbns to albw the Co ~' oo~b. munldpalities or other the purpose of marlci ->s~dtant to work in existing streets. roads, etc., for utilities n9• measuring and recoMing the bcatkm of existing Designate, record, and mark the approximate ho utilities and their major laterels to existing buildings py s std a of existing the client's project Manager. PProv+ed by The subsurface utility shell be N-fddn one (1) foot each skte of the existi utility. ~ Determhe and provide an approximate depth of an aubsurtace utilities. t~~ trol tragic, and safety devices and/or equipment, including flag persons Secure all utility "as-buift" plans, plats, and other data necessary. 3. Locate Subsurface VIINties: 1'hfs following: ~~ ~ include but not be limited to the Obtain ell nec~s~y Permits front city, jurisdlctkm to allow the ~~ municipality or other ~ Pu-pose of excava Consultant to work in existing streets, roads. etc.. for the utility ~• measuring and recording ~ bcatbn and depth of Page 2 of 3 FRO"1 : FR ALB~I FAX hD. :3055998749 Apr. 24 2007 03: 29PM P4 Coordinate with uWity agendeslowners Neatly cut and remove exisUrg pavements (not to exceed 225-sq. In. Per cut). Excavate the cut In such a manner as to prevent any damage to wreppings. coatings or other protective coverings (i.e., vacuum/prossuro excavatbns, hand dipgirq). Fumiah and install cobr-coded permanent above ground markers (i.e., p.k. nails, steel rods), direly above the centerline of the utility structure and record the locatbn of the marker. Provide a restoretbn of the pavement, within the Nmits of the cuts, at the time of the bsckfiM. In the event the excavation Is In an area other than roadway pavements, the disturfied arse wNl be restored to the condition prior to the excavatbn. Provide all tragic control in accordance with the Deparhnent policcy and MUTCD and/or Index 600, Nibor and equipment. Provide complete clean up of work sites to equal or better condition than betoro excavation. Provide survey of teat holes with F.R.A.'a in-house sunray personnel. 76yw/IwMMOtfW1Y ~ KYMQV1,n h~Q~/ry, I~ONf.,~y~p,,,,, MNT - ~IMYIY NIMww1 ~ M-~M.4s Page 3 of 3