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Amendment 5 = Corradino Group AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND THE CORRADINO GROUP, INC., FOR THE PARKS MASTER PLAN BOND PROGRAM SITES SCOTT RAKOW YOUTH CENTER, FLAMINGO PARK AND NORMANDY PARK TO PROVIDE FOR AN EXTENSION OF TIME ON THE SCOTT RAKOW YOUTH CENTER PROJECT AND TO PROVIDE FOR AN EXTENSION OF TIME AND FOR ADDITIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $100,000 FOR THE NORMANDY ISLE PARK AND POOL PROJECT This Amendment No. 5, dated as of July 30, 2003, to that certain Agreement, dated July 16, 1997, by and between the CITY OF MIAMI BEACH, FLORIDA (City), and THE CORRADINO GROUP, INC. (d/b/a L;AHH SMITH L;©R~,AD',~',~C,) (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 three (3) City parks; and WHEREAS, on July 16, 1997, pursuant to Resolution No. 97-22479, the City and Consultant entered into a Professional Services Agreement (Agreement), for studies, design, preparation of construction documentation, and construction administration services for three (3) projects included in the Parks and Recreation Master Plan, inclusive of Scott Rakow Youth Center, Flamingo Park And Normandy Park (the Parks); 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, on July 15, 1998, the City appropriated additional funding for the Parks Master Plan Bond Program, in the amount of $13,980,915, and also amended the Agreement with Consultant, increasing the agreement amount by $237,955; and WHEREAS, on July 7, 1999, the City amended the Agreement with Consultant, in the amount of $74,977, for the provision of additional services not included in the original scope of work, including several schematic designs for the approval of the Scott Rakow Youth Center Ice Rink (at least 17 different schemes and cost estimates and a scale model for presentations); plan revisions and redesigns requested by the Design Review Board (DRB) to gain board approval for the Parks; and additional costs for surveying; and WHEREAS, on January 12, 2000, the City amended the Agreement with Consultant and appropriated $153,937 (comprised of $131,937 for additional architectural and engineering services, $7,000 for additional surveying and testing, and $15,000 for other reimbursable expenses); and WHEREAS, the term of the City's original Agreement with the Consultant was for thirty (30) months, which included the construction period for all of the projects, and the projects were originally anticipated to be completed in 1999; and WHEREAS, only the Flamingo Pool project has reached substantial completion; and WHEREAS, on April 10, 2002, the City Commission amended the Agreement with the Consultant for an extension of time on the Normandy Isle Park and Pool through March 31,2003, and additional fees in the amount of $21,708 were awarded for that time for the purposes of covering additional costs of administering the project during the extended design process; and WHEREAS, the construction of the Normandy Isle Park and Pool project is not yet complete due to delays related to the necessary evaluation of an alternate pool deck system proposed by the Contractor to bring the project into budget and that an FPL transformer had to be relocated prior to construction starting; and WHEREAS, it is now estimated that the project will be substantially complete by December 31,2003; and WHEREAS, the Consultant is now working with an agreement for which the term has expired and the fee exhausted, and has requested additional services to continue on these projects; and WHEREAS, the Consultant has agreed to waive its fee for two (2) months of the time they have been without an agreement (April and May 2003); and WHEREAS, the fee from June 1, 2003 through December 31, 2003 for the Normandy Isle Park and Pool project would be $7,700.00 per month for a total of $53,900 to be based on a time and materials basis; and WHEREAS, the City wishes to amend the Agreement with Consultant to provide for an extension of time on the Scott Rakow Youth Center project, and provide for an extension of time and Additional Services in an amount not to exceed $100,000 on the Normandy Isle Park and Pool project, as specified herein. 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. 5. 2. MODIFICATIONS The Agreement is amended to include the additional services, as described in Exhibit "A-l", entitled "Additional Services", attached hereto. 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 officials of the date first set forth executed in their names by their duly authorized ~ above. I BEACH B -(~v~lA~OR CITY ~;LERK ATTEST: C~NS~,L,7~T THE C , INC. I:~L~IDENT ! Print Name SECRETARY Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION SEAL City Atl~~,~- Date Exhibit "A-I" To Amendment No. 5 Additional Services Scope of Services: 1. The Consultant will perform Construction Administration Services through July 31, 2003, for the Scott Rakow Youth Center Project at no additional cost to the City. If additional services are needed from Consultant, and any fees are needed for said additional services, if said fees are less than $25,000 and currently available within existing project funding, the City will enter into a letter agreement with the Consultant at that time. The Consultant has agreed to waive its fee for two (2) months of the time they have been without an agreement (April and May 2003) for Construction Administration services on the Normandy Isle Park and Pool Project. The Consultant will perform Construction Administration Services through December 31, 2003 according to the terms outlined below for the Normandy Isle Park and Pool project. The Consultant will be paid up to $7,700.00 per month for a total of $53,900.00 to be based on a time and materials basis for Construction Administration services from June 1, 2003 through December 31, 2003 for the Normandy Isle Park and Pool project. If Construction Administration services are required after December 31, 2003, the fees from June 1, 2003 through the expiration of any term granted after December 31,2003 will not exceed $100,000.00. Any fees billed after December 31,2003, will be billed on a time and materials basis not to exceed $5,000 per month. The Consultant must obtain the City's written consent prior to the first day of the upcoming month for any Construction Administration services provided December 31, 2003. All amounts are Not-to-Exceed amounts and will be payable according to the terms of the original Agreement, as amended. Exhibit "A-I" Page 1