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Amendment No. 3 to the PSA with Savino & Miller Design Studio, P.A. acyl— .300A AMENDMENT No. 3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SAVINO & MILLER DESIGN STUDIO, P.A., DATED MAY 19, 2016, FOR ADDITIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE FUTURE COMMUNITY PARK (FORMER PAR 3) PROJECT, IN AN AMOUNT NOT-TO-EXCEED OF $126,781; This Amendment No. 3 to the Agreement, made and entered this CA day of 2018, by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing under the laws of the State of Florida (hereinafter referred to as the "City"), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and SAVINO & MILLER DESIGN STUDIO, P.A, a Florida Corporation, having its offices at 12345 NE 6 Avenue, Miami, Florida 33161 (hereinafter referred to as the "Consultant"). RECITALS WHEREAS, on December 9, 2015, the Mayor and City Commission adopted Resolution No. 2015-29234, authorizing the negotiation and execution of a Professional Services Agreement (the "Agreement") with the Consultant, to provide professional services for the planning, design, bid, award and construction administration of the Future Community Park (former Par 3) Project (the "Project"); and WHEREAS, on May 19, 2016, the Agreement was executed in the amount of $933,465.; and WHEREAS, on September 5, 2017, the conceptual drawings and renderings for the Project were presented at the Design Review Board ("DRB") hearing, and the DRB recommended the approval of the Project with certain conditions and approved a Certificate of Appropriateness; and WHEREAS, on January 26, 2018, the City approved Amendment No.1, in the amount of $32,295, for design services, to incorporate the reduction and reconfiguration of the lake; for the removal of the parking lot from the west side of the property; to increase the parking along Pinetree Drive; and to reconfigure the walkway and jogging path; and WHEREAS, on March 7, 2018, the Mayor and City Commission adopted Resolution No. 2018-30222, accepting the recommendation of the Finance and Citywide Projects Committee ("FCWPC"), to continue with the current design of the park; and WHEREAS, on May 16, 2018 the Mayor and City Commission adopted Resolution 2018- 30291 approving Amendment No. 2, in the amount of $35,698, for additional Architectural and Engineering Design Services associated with the site changes due to Hurricane Irma debris removal operation; and WHEREAS, the current park design has implemented or is in the process of implementing certain sustainable and resiliency approaches such as: • Environmental Reports show that due to its previous use as a golf course, the site is contaminated. Environmental remediation will be the first element to be addressed. • Water filtering littoral zones surrounding the lake to improve water quality. • Native plantings and beneficial lawns, reducing pesticide and fertilizer use, reducing water quality impacts and increasing wildlife habitat. • Balanced cut and fill, capping contaminated soils discovered during the environmental site assessment. • Low voltage LED lighting, permeable parking lot paving and local, recycled materials where possible. • The passive park will preserve landmark specimen trees and pastoral spaces; and WHEREAS, In addition to the above measures, the following resilient and sustainable strategies are being proposed to be implemented in the design of the park as part of this Amendment No. 3: • Study and model the capacity of the Park to store/slow/treat/ re-use site and assist with handling the stormwater run-off from the neighborhood via gravity flow and/or pumping and piping, and impacts of the discharge into Collins Creek, Indian Creek and Biscayne Bay. • Possible implementation of alternatives for onsite water storage and re-use for irrigation and the water feature, etc. • Conversion to solar power including roof mounted solar panels for the tennis pavilion, solar panels for pedestrian lighting, energy efficient lighting, etc. • Use of recycled / renewable materials, water efficient bathroom fixtures, electric vehicle charging stations and other sustainable elements. • Implementation of permeable paving; and WHEREAS, the consultant has prepared a cost proposal for implementing the above strategies, in the amount of$126,781; and WHEREAS, the Administration has reviewed the proposal and has found it to be fair and reasonable; and WHEREAS, the total contract amount for the Project, including this Amendment No.3, will be a not-to- exceed total of$1,128,239. WHEREAS, the funding for implementation of the above resiliency and sustainability strategies have been included as part of the Par 3/Community Park request in the proposed FY 18/19 General Obligation Bond referendum. 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. 3. 2. MODIFICATIONS a. The Agreement is amended to include and incorporate the additional Services, as set forth in Attachment A, attached hereto. b. In consideration for the performance of the additional Services, as set forth in Attachment A, City shall pay the Consultant the total not-to-exceed amount of $126,781. r „ C. The amount and time set forth herein are the maximum agreed to by both the City and Consultant for all work associated with or related to this Amendment No. 3. Consultant hereby attests that the adjustments .to the Agreement as provided herein are reasonable and constitutes compensation in full for all costs, claims, markup, overhead, and any and all expenses, direct or indirect, attributable or related to this Amendment No. 3, including, but not limited to, compensation in full for any delays, acceleration, or loss of efficiency encountered by Consultant in the performance of its work through the date of this Amendment No. 3. In consideration of the compensation and in this Amendment No. 3, the Consultant hereby releases the City from all claims, demands, or causes of action arising out of or related to the transactions, events or occurrences giving rise to this Amendment No. 3. This written Amendment No. 3 is the entire agreement between the City and Consultant with respect to this Amendment No. 3 and no other agreements or modifications shall apply to this Amendment No. 3 unless expressly provided herein. 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. 3. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed in their names by their duly authorized officials as of the date first set forth above. "a����n...�.vy"ii 4.17 1.,,,\\,/x 016 ATTEST: ��, ...... .. �Af�_ - ' D. C•?Iber, Mayor �A,. Cif,I �, , •-i ' '-'""1\;"•<‘..": - , lArn • `afa-I E. Granado, Citi Clerk ', .,,-: CRATED•: go • NOV 2 7 �1`': V '(.) i ATTEST: " % r #S TANT: SAVINO & MILLER DESIGN STUDIO, P.A Sec;•=ta President yf.,,,i ,r, ...,,,mn ,A.,.,,,,,..._,.,,,, Print Name Print Name APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION '.P,C go i--) (i-1)5' IS City Attorney Date