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2002-25067 Reso RESOLUTION NO. 2002-25067 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CURRENT PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FIRM OF BERMELLO, AJAMIL AND PARTNERS, INC. FOR PARKS MASTER PLAN BOND PROGRAM SITES OF NORTH SHORE PARK, NORTH SHORE OPEN SPACE, PINETREE PARK, PARKS MAINTENANCE FACILITY, LUMMUS PARK AND SOUTH POINTE PARK TO PROVIDE FOR AN EXTENSION OF TIME AND FOR ADDITIONAL SERVICES, IN THE AMOUNT OF $157,716, FOR THE PROJECTS; ALSO DELETING THE SOUTH POINTE PARK PROJECT AND THE NORTH SHORE OPEN SPACE PARKPROJECT PHASES IV AND V FROM THE SCOPE OF SERVICES, AND THEIR RESPECTIVE FEES IN THE TOTAL AMOUNT OF $329,073.26, FOR A TOTAL DECREASE IN FEES IN THE AMOUNT OF $171,357.26; REALLOCATING THE REMAINING REIMBURSABLE ALLOWANCE FOR SOUTH POINTE PARK IN THE AMOUNT OF $7,977.00 TO OTHER PROJECTS UNDER THE AGREEMENT; APPROPRIATING $165,693 FROM THE GENERAL OBLIGATION BOND INTEREST FUNDS TO FUND THE EXTENSION OF TIME AND REALLOCATION OF REIMBURSABLE ALLOWANCE. WHEREAS, on November 8, 1994, the citizens ofthe City of Miami Beach approved the issuance of $15 million in general obligations bonds for park improvements (Parks Bond); and WHEREAS, Bermello, Ajamil and Partners, Inc. (Consultant) prepared a Master Plan that addressed the needs of twenty (20) parks of various sizes, and improvements for the boardwalk and bikeways that was adopted by the Mayor and City Commission on June 19, 1996; and WHEREAS, on July 16, 1997, the Mayor and City Commission approved a Resolution authorizing the City to enter into an Agreement with Consultant for professional services related to the Group "A" Parks (North Shore Park, North Shore Open Space Park, Pine Tree Park, the Parks Maintenance Facility, Lummus Park, and South Pointe Park) for $504,517, which included not to exceed amounts of $15,000 and $30,000 for Reimbursable Expenses and surveying fees, respectively; and WHEREAS, the Mayor and City Commission approved the schematic plans for the base bids, base bid budgets for each project, and authorized the Administration to move forward with the designs and bid specifications for the projects on May 20, 1998; and WHEREAS, several times throughout the course of the projects, additional funds have been allocated to the projects including Miami-Dade County Safe Neighborhood Parks Bond funds, Florida Recreation Development Assistance Program (FRDAP) funds, and 1999 General Obligation (GO) Bond funds; and WHEREAS, including additional funding and scope meant that the construction drawings needed to be modified to accommodate the additional work; and WHEREAS, additional fees have been authorized and subsequent Amendments to the Agreement approved with the addition of funds and scope to the projects; and WHEREAS, the term of the Agreement was for thirty (30) months, which included the construction period for all of the projects, which were originally anticipated to be completed in 1999, and only three have yet to reach completion (Pine Tree Park, North Shore Open Space Park Phase I, and Phase I of Lummus Park); and WHEREAS, the Consultant has been performing architect/engineering services on these projects in an effort to complete the construction of the projects, even though its Agreement has not been amended to include the additional time and fees for that time required for completion; and WHEREAS, included in the Consultant's scope of services was the renovation of South Pointe Park, but very little work has been completed on this portion of the project; and WHEREAS, at this time, Phases IV and V of the North Shore Open Space Park project are currently unfunded; and WHEREAS, the Administration and the Consultant have agreed that the City should eliminate these projects from the scope of the Agreement and their respective fees in the total amount of $329,073.26; and WHEREAS, the Administration and the Consultant have agreed to reallocate the remaining reimbursable allowance in the amount of $7,977.00 for the South Pointe Park project to other projects under the agreement; and WHEREAS, an extension oftime to the Agreement through June 30, 2003 on Phase III of the North Shore Open Space Park project, through July 31, 2003 on the Parks Maintenance Yard project, and through September 30,2003 on the Lummus Park project, would allow the Consultant to serve as the Architect/Engineer of record for these projects through the completion of construction; and WHEREAS, the Administration recommends approving fees, in the amount of $157,716 for additional services and an extension of time to retain the Consultant as the architecUengineering Consultant for the active projects through the end of construction, and deletion of the South Pointe Park and North Shore Open Space Park Phases IV and V projects from the scope of the Agreement. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute an Amendment to the current Professional Services Agreement between the City of Miami Beach and the Firm of Bermello, Ajamil and Partners, Inc. for Parks Master Plan Bond Program Sites of North Shore Park, North Shore Open Space, Pine Tree park, Parks Maintenance Facility, Lummus Park and South Pointe Park to provide for an extension of time and for additional services, in the amount of $157,716, for the projects, deleting the South Pointe Park Project and the North Shore Open Space Park Project Phases IV and V from the scope of services, and their respective fees in the total amount of $329,073.26, for a total decrease in fees in the amount of $171 ,357.26, reallocating the remaining reimbursable allowance for South Pointe Park in the amount of $7,977 .00 to other projects under the Agreement, and appropriating $165,693 from the General Obligation Bond Interest Funds to fund the extension of time and reallocation of reimbursable allowance. PASSED AND ADOPTED this 13th day ~K fClAlk CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION LJ..;l:.1''l. CllY OF MIAMI BEACH COMv'lISSION ITEM SUMMARY m Condensed Title: A Resolution Amending The Current Professional Services Agreement Between The City Of Miami Beach And The Firm Of Bermello, Ajamil And Partners, Inc. For Parks Master Plan Bond Program Sites Of North Shore Park, North Shore Open Space, Pinetree Park, Parks Maintenance Facility, Lummus Park And South Pointe Park To Provide For An Extension Of Time And For Additional Services, In The Amount Of $157, 716; To Delete The South Pointe Park Project And The North Shore Open Space Park Project Phases Iv And V From The Scope Of Services, And Their Respective Fees In The Total Amount Of $329,073.26, For A Total Decrease In Fees In The Amount Of $171 ,357.26; To Reallocate The Remaining Reimbursable Allowance For South Pointe Park In The Amount Of $7,977.00 To Other Projects; And Appropriating $165,693 From General Obligation Bond Interest Funds To Fund The Extension Of Time And Reallocation Of Reimbursable Allowance. Issue: Shall the City amend its current Professional Services Agreement with the firm of Bermello, Ajamil and Partners, Inc. for Parks Master Plan Bond Program sites to provide for an extension of time and for additional services, in the amount of $157,716, for the projects, delete the South Pointe Park Project and North Shore Open Space Park Project Phases IV and V and their respective fees in the amount of $329,073.26, and reallocate the remaining reimbursable allowance for the South Pointe Park Proiect in the amount of $7,977.00. Item Summary/Recommendation: Bermello, Ajamil and Partners, Inc. (B&A) entered into a Professional Services Agreement with the City on July 16, 1997 to perform as the Architect/Engineering Consultant for the Parks Master Plan Bond Program Sites of North Shore Park, North Shore Open Space, Pinetree Park, Parks Maintenance Facility, Lummus Park and South Pointe Park. The term of the agreement was for thirty (30) months, which included the construction period for all of the projects. The projects were originally anticipated to be completed in 1999, and to date, only three (Pinetree Park, Lummus Park Phase I and North Shore Open Space Park Phase I) have reached completion. The North Shore Open Space Park Phase II is under construction, and Phase III is in design, with estimated completion dates of December 2002 and June 2003, respectively. The North Shore Park and Youth Center project under construction with an estimated completion date of July 2003. The Parks Maintenance Yard is in design, with an estimated construction completion date of July 2003. The Lummus Park Phase II project is in design with an estimated construction completion date of September 2003. B&A has been performing Architect/Engineering services on these projects in an effort to complete the construction of the projects, even though their Professional Services Agreement has not been amended to include the additional time required for completion. At this time, the Administration recommends approving fees for Additional Services to retain B&A as the Architect/Engineering Consultant for these projects through the end of construction. It is the recommendation of the Administration that the current Agreement with B&A for Parks Master Plan Bond Program Sites be amended to provide for an extension of time and for additional services in the amount of $157,716, to delete the South Pointe Park Project and North Shore Open Space Park Project Phases IV and V and their respective fees in the amount of $329,073.26 ($282,687.88 for South Pointe Park + $46,385.38 for North Shore Open Space Park Phases IV and V), for a total net decrease of $171,357.26, and to reallocate the remainina reimbursable allowance for the South Pointe Park Proiect in the amount of $7,977.00 be adooted. Advisory Board Recommendation: I N/A Financial Information: Source of Funds: General Obligation Bond Interest Approved anager AGENDA ITEM C 7l( DATE 11-13-02. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.f1.us To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez \.l~ City Manager (j""~ 0 Date: November 13, 2002 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CURRENT PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE FIRM OF BERMELLO, AJAMIL AND PARTNERS, INC. FOR PARKS MASTER PLAN BOND PROGRAM SITES OF NORTH SHORE PARK, NORTH SHORE OPEN SPACE, PINETREE PARK, PARKS MAINTENANCE FACILITY, LUMMUS PARK AND SOUTH POINTE PARK TO PROVIDE FOR AN EXTENSION OF TIME AND FOR ADDITIONAL SERVICES, IN THE AMOUNT OF $157,716, FOR THE PROJECTS; ALSO DELETING THE SOUTH POINTE PARK PROJECT AND THE NORTH SHORE OPEN SPACE PARK PROJECT PHASES IV AND V FROM THE SCOPE OF SERVICES, AND THEIR RESPECTIVE FEES IN THE TOTAL AMOUNT OF $329,073.26, FOR A TOTAL DECREASE IN FEES IN THE AMOUNT OF $171,357.26; REALLOCATING THE REMAINING REIMBURSABLE ALLOWANCE FOR SOUTH POINTE PARK IN THE AMOUNT OF $7,977.00 TO OTHER PROJECTS UNDER THE AGREEMENT; APPROPRIATING $165,693 FROM THE GENERAL OBLIGATION BOND INTEREST TO FUND THE EXTENSION OF TIME AND REALLOCATION OF REIMBURSABLE ALLOWANCE. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. FUNDING: Total funding in the amount of $165,693 is available from the General Obligation Bond Interest Funds. ANALYSIS: On November 8, 1994, the citizens of the City of Miami Beach approved the issuance of $15 million in general obligation bonds for park improvements (Parks Bond). Bermello, Ajamil and Partners, Inc. (B&A) prepared a Master Plan that addressed the needs of twenty (20) parks of various sizes, and improvements for the Boardwalk and bikeways. November 13, 2002 City Commission Memorandum Bermello, Ajamil and Partners, Inc. Page 2 of 4 The Mayor and City Commission adopted the Master Plan on June 19, 1996. The City issued RFLI Number 11-96/97, seeking the professional services of an architectural/engineering firm or firms to provide design services, construction and bidding documents, construction observation, project administration, scheduling, and cost estimating for the parks addressed by the Master Plan. On July 16, 1997, the Mayor and City Commission approved a Resolution authorizing the City to enter into an agreement with B&A for professional services related to the Group "A" Parks (North Shore Park, North Shore Open Space Park, Pine Tree Park, the Parks Maintenance Facility, Lummus Park, and South Pointe Park) for $504,517, which included not to exceed amounts of $15,000 and $30,000 for Reimbursable Expenses and Surveying fees, respectively. The Mayor and City Commission approved the schematic plans for the base bids, base bid budgets for each project, and authorized the Administration to move forward with the designs and bid specifications for the projects on May 20, 1998. A chronology of events related to the B&A agreement and the projects under their agreement is attached as Exhibit A. The original timeline for the 6 parks under B&A's professional services agreement was to have completion of construction in December 1999. Extensive delays beyond this date have been generated primarily by the identification of additional funding which expanded the scopes of the projects. Similarly, community requests drove major and repeated design changes. To date, the first phase of North Shore Open Space Park, Pinetree Park and the first phase of Lummus Park have been completed. Bermello, Ajamil and Partners, Inc. has been performing Architect/Engineering services on all of the projects in an effort to complete the construction of the projects, even though their Professional Services Agreement has not been amended to include the additional time and fees required for completion. The second phase of North Shore Open Space Park is under construction, with an estimated completion date of December 2002. Phase III of North Shore Open Space Park is under design, with an estimated construction completion date of June 2003. The second phase of Lummus Park is under design, with an estimated construction completion date of September 2003. The Parks Maintenance Yard is under design with an estimated construction completion date of July 2003. An extension of time to the agreement through June 30,2003 on Phase III ofthe North Shore Open Space Park project, through July 31, 2003 on the Parks Maintenance Yard project, and through September 30, 2003 on the Lummus Park project, would allow B&A to serve as the Architect/Engineer of record for these projects through the completion of construction. B&A and the City have negotiated additional fees in the amount of $157,716 for the additional time, to be billed at the same rate as the percentage of completion of the projects. Very little work has been completed on the South Point Park project. Preliminary planning has been completed to date, but no design efforts have taken place yet. The Administration and B&A have agreed that the City should eliminate this project from the scope, as well as the corresponding fees in the amount of $282,687.88. November 13, 2002 City Commission Memorandum Bermello, Ajamil and Partners, Inc. Page 3 of 4 B&A has requested, and the Administration has agreed, to reallocate the existing reimbursable allowance for the South Pointe Park project in the amount of $7,977 to other projects under the agreement as follows: North Shore Park $4,000 Lummus Park $2,977 Park Maintenance Yard $1 000 TOTAL $7,977 Currently, Phases IV and V of the North Shore Open Space Park are unfunded. These phases include construction ofthe combined Miami-Dade and CMB Parks and Recreation Maintenance Facility, the construction of new recreation and interpretive nature center to provide facilities to support the Sea Turtle Hatchery Program and other program components, a plaza at the nature center; and renovation of the south parking lot. It is not known if or when funding will be identified for these phases. As a result, these two phases should also be omitted from B&A's agreement. Fees in the amount of $46,385.38 for these phases of will also be deducted from B&A's agreement. Iffunding is identified in the future, the City will issue a separate RFQ for a designer at that time. B&A will be free to make a proposal under any future process. If the accompanying Resolution is passed, B&A would perform Construction Administration services through June 30, 2003 on Phase III of the North Shore Open Space Park project, through July 31,2003 on the Parks Maintenance Yard project, and through September 30, 2003 on the Lummus Park project. The other provisions of the original agreement would remain in effect, including Section 2.14, which relates to Additional Services. This Section defines the tasks that qualify as Additional Services. Subsection 2.14.5 outlines when the provision of Basic Services becomes Additional Services, and reads as follows: Providing Basic Services after issuance to the City of the final certificate for payment, or in the absence of a final certificate for payment, more than sixty (60) days after the date of substantial completion of the work, or sixty (60) days after the completion date set forth in the Construction Contract, whichever is later. Pursuant to this subsection, B&A would not be entitled to any additional fees if construction were to end prior to the expiration of the 60-day period (prior to August 31 , 2003 for Phase III of the North Shore Open Space Park project, prior to September 30, 2002 for the Parks Maintenance Yard project, or prior to November 30, 2003 for the Lummus Park project). If construction were to be completed after these dates, B&A would be entitled to ask (and negotiate with the City) for additional fees for any work performed after these respective dates. As stated in Subsection 2.14 of the original agreement, these Additional Services would have to be authorized in writing by the City in advance. B&A has agreed to not seek additional services. November 13, 2002 City Commission Memorandum Bermello, Ajamil and Partners, Inc. Page 4 of 4 As stated above, this amendment would reduce the fees to the B&A Agreement by a total of $329,073.26 ($282,687.88 for South Pointe Park + $46,385.38 for North Shore Open Space Park Phases IV and V). With the additional services increase of $157,716, the net decrease to the B&A Agreement will be $171,357.26. Because the funding for the B&A fees on the North Shore Open Space Park and South Pointe Park projects are from restricted funding sources (Safe Neighborhood Park Bond and South Pointe RDA TIF funds, respectively), the City cannot use these dollars to fund the additional services in the amount of $157,716, or the reallocation of the South Pointe Park Reimbursables in the amount of $7,977. The Administration recommends funding these amounts ($165,693) from the General Obligation Bond Interest Funds. CONCLUSION: The Administration recommends approving Additional Services and related fees in the amount of $157,716 to retain Bermello, Ajamil and Partners, Inc. as Architect/Engineer for the Parks Master Plan Bond Program Sites North Shore Park, North Shore Open Space Park Phases I through III, Pine Tree Park, the Parks Maintenance Facility, and Lummus Park, through the completion of construction, and reducing the scope of the agreement by removing the South Pointe Park project and the North Shore Open Space Park Project Phases IV and V and related fees in the amount of $329,073.26 as outlined above, for a net reduction in fees in the amount of $171,357.26. T:\AGENDA\2002\N0\I1302\CONSENnB&A Reduction ofSoope Memo.doc November 8, 1994 June 19, 1996 July 16, 1997 May 20, 1998 July 1, 1998 July 15, 1998 September 23, 1998 October 7, 1998 December 16,1998 Exhibit A - Chronology Page 1 of 3 Issuance of $15 million in general obligation bonds for park improvements (Parks Bond) is approved by voters. Mayor and City Commission adopted Master Plan prepared by Bermello, Ajamil and Partners, Inc. (B&A) that addressed the needs of twenty (20) parks of various sizes, and improvements for the Boardwalk and bikeways. The Mayor and City Commission approved a Resolution authorizing the City to enter into an agreement with B&A for professional services related to the Group "A" Parks (North Shore Park, North Shore Open Space Park, Pine Tree Park, the Parks Maintenance Facility, Lummus Park, and South Pointe Park) for $504,517, which included notto exceed amounts of $15,000 and $30,000 for Reimbursable Expenses and Surveying fees, respectively. The Mayor and City Commission approved the schematic plans for the base bids, base bid budgets for each project, and authorized the Administration to move forward with the designs and bid specifications for the projects. The Mayor and City Commission approved the reallocation of $1,192,583 from South Pointe Park and Washington Park projects to other parks projects, including the North Shore Park and Youth Center. The Mayor and City Commission appropriated additional funding for the Group "A" Parks in the amount of $13,980,915 (comprised of $13,835,915 from the Parks Bond and $145,000 from the Riviera Apartments Lien Settlement). This action also amended the professional services agreement with B&A, increasing the B&A contract amount by $24,523. The Miami Beach Redevelopment Agency appropriated funding in the amount of $1,192,583 to replace the funding the City reallocated from the South Pointe Park and Washington Park projects to other parks projects on July 1, 1998. The Mayor and City Commission approved additional fees for B&A in the amount of $10,800 for additional design services for the North Shore Park and Youth Center project. The Mayor and City Commission approved the submission of an application for $2.1 million from the Miami-Dade County Safe Neighborhood Parks Bond program for the renovation and restoration of the North Shore Open Space Park. March 3, 1999 July 7, 1999 November 2, 1999 November 17, 1999 December 15, 1999 January 12, 2000 Exhibit A - Chronology Page 2 of 3 The Mayor and City Commission approved additional services fees in the amount of $136,300 (comprised of $127,800 for architectural and engineering services and $8,500 for surveying and reimbursable expenses) to be allocated from the Safe Neighborhood Parks Bond funds for the North Shore Open Space Park. The Mayor and City Commission appropriated $960,961 generated as Interest Earnings from the $15 million Parks Bond for the period of October 1997 through January 1999. The agreement with B&A was also amended in the amount of $15,720 to reflect the addition of the Interest Earnings money toward the construction of the Group "A" Parks. The citizens of the City of Miami Beach approved the issuance of approximately $92 million in General Obligation (GO) Bonds. Of the $24.8 million GO Bond funds that were allocated for Parks and Beaches projects, approximately $5.9 million were for the construction of the Group "A" Parks included under the B&A professional services agreement. The Mayor and City Commission referred the $92 million GO Bond Issue to a joint meeting of the Finance and Citywide Projects Committee and the Neighborhood's Committee. Among other things, the Committees were to review and recommend action on amending the existing professional services agreements for the architecture and engineering of parks under the Parks Master Plan, given the infusion of additional funds into the project budgets. The City Commission accepted the report from the Joint Meeting of the Finance and Citywide Projects Committee and Neighborhood's Committee. The report included a recommendation to renegotiate the existing professional services agreements for the architecture and engineering of parks under the Parks Master Plan to fees based on a lower percentage of estimated construction costs. The Mayor and City Commission amended the City's agreement with B&A and appropriated $472,936 (comprised of $442,936 for additional architectural and engineering services, $15,000 for additional surveying and testing, and $15,000 for other reimbursable expenses), reducing B&A's fees to a basis of 7.0% of construction costs from the original 7.2%. June 21, 2000 September 27, 2000 November 29, 2000 March 14, 2001 January 30, 2002 Exhibit A - Chronology Page 3 of 3 The City was notified that it was the recipient of a $100,000 grant from the Florida Recreation Development Assistance Program (FRDAP) for improvements to the North Shore Park and Youth Center. Prior to this funding, the construction documents were approximately 95% complete. The additional funding meant that the construction drawings would have to be modified to accommodate the additional work. The Mayor and City Commission approved an amendment ofthe agreement with B&A, and appropriated $37,000 for B&A to perform the additional work related to the FRDAP grant. The Mayor and City Commission and the Miami Beach Redevelopment Agency both approved the amendment of the professional services agreement with B&A and appropriated $197,671 (comprised of $189,671 for additional services and $8,000 for reimbursable expenses) from the FY 2000/2001 South Pointe Tax Increment Financing (TIF) to complete the design, construction documentation, construction administration and specifications for the South Pointe Park Project. The Mayor and City Commission approved an amendment to the professional services agreement with B&A to incorporate additional design and construction management services for a portion of the North Beach Recreational Corridor that falls within the limits of the North Shore Open Space Park in an effort to expedite and coordinate the design process for that phase of the North Beach Recreational Corridor. Additional fees in the amount of $31,182 from the Miami-Dade Safe Neighborhood Parks Bond program were approved for the additional services. The Mayor and City Commission approved an amendment in the total amount of $24,750 for additional Surveys and Reimbursable Expenses on Lummus Park, South Pointe Park, North Shore Park and the Parks Maintenance Yard projects. The additional Surveys and Reimbursable expenses were due to additional documentation, presentations and related materials, and additional surveys due to the repeated requests for redesign of the parks generated by the identification of additional funding or community driven requests for design changes. 4 " AMENDMENT NO. 10 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND BERMELLO, AJAMIL AND PARTNERS, INC., FOR PARKS MASTER PLAN BOND PROGRAM SITES OF NORTH SHORE PARK, NORTH SHORE OPEN SPACE, PINETREE PARK, PARKS MAINTENANCE FACILITY, LUMMUS PARK AND SOUTH POINTE PARK TO PROVIDE FOR AN EXTENSION OF TIME AND FOR ADDITIONAL SERVICES IN THE AMOUNT OF $157,716, FOR THE PROJECTS; ALSO DELETING THE SOUTH POINTE PARK PROJECT AND THE NORTH SHORE OPEN SPACE PARK PROJECT PHASES IV AND V FROM THE SCOPE OF SERVICES, AND THEIR RESPECTIVE FEES IN THE TOTAL AMOUNT OF $329,073.26, FOR A TOTAL DECREASE IN FEES IN THE AMOUNT OF $171,357.26; AND REALLOCATING THE REMAINING REIMBURSABLE ALLOWANCE FOR SOUTH POINTE PARK IN THE AMOUNT OF $7,977.00 TO OTHER PROJECTS UNDER THE AGREEMENT This Amendment NO.'.i dated as of J..Io/l~"'8hfl-. J3, 2002, to that certain Agreement, dated July 16,1997, by and between the CITY OF MIAMI BEACH, FLORIDA (City), and BERMELLO, AJAMIL AND PARTNERS, INC. (Consultant). RECITALS WHEREAS, pursuant to RFLI No. 11-96/97, seeking the professional services of an architectural/engineering firm, the Consultant was selected as one of the top ranked firms to provide services for the construction of six (6) City parks; and WHEREAS, on July 16,1997, pursuant to Resolution No. 97-22479, the City and Consultant entered into a Professional Services Agreement, for the design, construction documentation, bid specifications, construction observation, project administration, scheduling, and cost estimating for six (6) projects included in the Parks and Recreation Master Plan (the Project), inclusive of North Shore Park, North Shore Open Space Park, Pine Tree Park, the Parks Maintenance Facility, Lummus Park, and South Pointe Park (the Parks); and WHEREAS, several times throughout the course of the Project, additional funds have been allocated to the Parks; and WHEREAS, including additional funding and scope meant that the construction drawings needed to be modified to accommodate the additional work; and WHEREAS, additional fees have been authorized and subsequent Amendments to the Agreement approved with the addition of funds and scope to the projects; and 1 WHEREAS, the term of the Agreement was for thirty (30) months, which included the construction period for all of the projects, which were originally anticipated to be completed in 1999, and only three have yet to reach completion (Pine Tree Park, North Shore Open Space Park Phase I, and Phase I of Lummus Park); and WHEREAS, the Consultant has been performing architect/engineering services on these projects in an effort to complete the construction of the projects, even though its Agreement has not been amended to include the additional time and fees for that time required for completion; and WHEREAS, included in the Consultant's scope of services was the renovation of South Pointe Park, but very little work has been completed on this portion of the project; and WHEREAS, at this time, Phases IV and V of the North Shore Open Space Park project are currently unfunded; and WHEREAS, the Administration and the Consultant have agreed that the City should eliminate these projects from the scope of the Agreement and their respective fees in the total amount of $329,073.26; and WHEREAS, the Administration and the Consultant have agreed to reallocate the remaining reimbursable allowance in the amount of $7,977.00 for the South Pointe Park project to other projects under the agreement; and WHEREAS, an extension of time to the Agreement through June 30, 2003 on Phase III of the North Shore Open Space Park project, through July 31, 2003 on the Parks Maintenance Yard project, and through September 30,2003 on the Lummus Park project, would allow the Consultant to serve as the Architect/Engineer of record for these projects through the completion of construction; and WHEREAS, the City wishes to amend the Agreement with Consultant in the amount of $157,716 for additional services and an extension of time to retain the Consultant as the architect/engineering Consultant for the active projects through the end of construction, and deletion of the South Pointe Park and North Shore Open Space Park Phases IV and V projects from the scope of the Agreement; and WHEREAS, the total reduction in fees for the Agreement with Consultant will be $171,357.26 after the reduction of scope and inclusion of the additional services for the extension of time; 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. 2 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment NO.1 O. 2. MODIFICATIONS The Agreement is amended to include the additional services, as described in Exhibit "A-1", entitled "Additional Services". 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.1 O. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 10 to be executed in their names by their duly authorized officials as of the date first set forth above. F. MIAMI BEACH ATIEST:J- p~ ~ CLERK .. 11..7Ji-Ol--- By: APPROVEDMTO FORM & LANGUAGI & FOR EXECUTION ~ ~ .IW!NAI'IlJt:c Print Name ~~U G, ~-rlN~--L Print Name SEAL 3 Exhibit "A-1" To Amendment No. 10 Additional Services Scope of Services: 1. The following will be deleted from the Agreement: ProiectfTask Amount ($282,687.88) ($46.385.38) ($329,073.26) South Pointe Park North Shore Open Space Park - Phases IV and V Total Decrease 2. Consultant is granted Additional Services in the following amounts: ProiectfTask Additional Services for Contract Term Amount $157,716 Consultant will perform Construction Administration services through June 30, 2003 on Phase III of the North Shore Open Space Park project, through July 31, 2003 on the Parks Maintenance Yard project, and through September 30, 2003 on the Lummus Park project. This amount will be invoiced in increments equal to the percentage of completion for each of the remaining projects. 3. The Net Decrease to the Agreement is $171,357.26. All amounts are Not-to-Exceed amounts and will be payable according to the terms of the original Agreement, as amended. 4. The remaining reimbursable amount for South Pointe Park will be reallocated among the other projects as follows: North Shore Park Lummus Park Park Maintenance Yard TOTAL $4,000 $2,977 $1.000 $7,977 5. It is the understanding of both the City and Consultant that the City will approve no further increase in fees for additional time. Exhibit "A-1" Page 1