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