Amendment NO.10 Agreement with Schwebke-Shiskin & Associates, INC. ao0(1- . 7 rcr
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AMENDMENT NO. 10
TO THE PROFESSIONAL ARCHITECTURAL
AND ENGINEERING (A/E)SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
SCHWEBKE-SHISKIN &ASSOCIATES, INC.
FOR ADDITIONAL CIVIL ENGINEERING DESIGN, GEOTECHNICAL TESTING AND
RECOMMENDATIONS, TO UPGRADE THE EXISTING ROADWAYS FOR THE VENETIAN ISLANDS
BID PACKAGE 13C RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT
This Amendment No. 10 to the Professional Services Agreement between the CITY OF MIAMI
BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices
at 1700 Convention Center Drive, Miami Beach, Florida 33139 (CITY), and Schwebke-Shiskin &
Associates, Inc., having its offices at 3240 Corporate Way, Miramar, Florida 33025 (Consultant) is made
and entered into this 3c_N of August, 2019.
RECITALS
WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Resolution No.
2009-27161, approving and authorizing the Mayor and City Clerk to execute a Professional Services
Agreement(the Agreement), pursuant to Request for Qualifications(RFQ) No. 42-08/09, with Schwebke-
Shiskin &Associates, Inc. ("Consultant"), to provide professional services for the design, bid, award and
construction administration phases of the Venetian Islands Bid Package 13C, Right-Of-Way
Neighborhood Improvement Project (the Project), in the amount of$585,660; and
WHEREAS, on June 2010, the Administration approved Amendment No. 1 to the Agreement, in
the amount of$9,900, for a topographic survey of the existing outfalls scheduled for rehabilitation; and
WHEREAS, on May 8, 2013, the Mayor and City Commission adopted Resolution No. 2013-
28202, approving Amendment No. 2 to the Agreement, for additional RPR services and Supplemental
Construction Administration services, in the amount of$349,957 ; and
WHEREAS, on March 5, 2014, the Mayor and City Commission adopted Resolution No. 2014-
28528, approving Amendment No. 3 to the Agreement, in the amount of $201,814, for re-design and
permitting phase services associated with the enhanced stormwater system criteria; and
WHEREAS, on November 19, 2014, the City Commission adopted Resolution No. 2014-28821,
approving Amendment No. 4 in the amount of $76,500, to implement additional enhanced stormwater
drainage design modifications based on comments from AECOM, the City's Flood Mitigation Consultant,
and the City Engineer; and
WHEREAS, on April 15, 2015, the City Commission adopted Resolution No. 2015-28993,
approving Amendment No. 5 in the amount of$666,462 for additional pump station design modifications,
plus extended resident project representative services, which included conceptual design, meetings with
City staff, electrical and structural revisions, permit submittals and construction administration services
and an additional twenty months of resident project representative and construction administration
services added to the Agreement; and
WHEREAS, on June 8, 2016, the Mayor and City Commission adopted Resolution No. 2016-
29432, approving Amendment No. 6 in the amount of$207,356 for additional design services, to finalize
pump system equipment, components and stakeholders'meetings required to complete the design of the
Project, and further authorized additional construction administration services for six (6) additional
months, to correspond with the construction contractor's approved schedule; and
WHEREAS, on May 17, 2017, the City Commission adopted Resolution No. 2017-29868,
approving Amendment No. 7 in the amount of $86,326, for Resident Project Representative and
Construction Administration services for an additional period of one hundred and thirty seven (137) days,
due to extended construction duration, as a result of various underground utility conflicts with existing gas
lines and electrical raceways; and
WHEREAS, on December 27, 2017, Amendment No. 8 extended Resident Project
• Representative and Construction Administration services for an additional period of ten (10) months, in
the amount of$115,576; and
WHEREAS, on September 12, 2018, Amendment No. 9 extended Resident Project
Representative and Construction Administration services for an additional period of four and a half(4.5)
months, in the amount of$99,239; and
WHEREAS, this Amendment No. 10 will provide additional civil engineering design, geotechnical
testing and recommendations to upgrade the existing roadways for the Venetian Islands, in the
negotiated not-to-exceed amount of$22,879 dollars; and
WHEREAS, this Amendment No. 10 will revise the total contract amount to $2,421,668.89
dollars.
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 by reference herein.
2. MODIFICATIONS
The Agreement is amended to incorporate by reference the attached Schedule"A-10" (scope of
services) and Schedule"B-10" (Consultant Compensation), as if fully set forth herein.
a. In consideration for the additional work set forth in Schedule "A-10" (scope of services)
and Schedule "B-10" (Consultant Compensation), the City shall pay Consultant the total
not-to-exceed amount of $22,879, in accordance with the terms and conditions of the
Agreement.
b. The work associated with this Amendment No. 10 includes additional civil engineering
design, geotechnical testing and recommendations to upgrade the existing roadways for
the Venetian Islands.
c. The amount and time set forth herein are the maximum agreed to by both the City and
Consultant for all work associated with this Amendment No. 10. Consultant attests that
the Agreement adjustment provided herein is reasonable, and constitutes compensation
in full for all costs, claims, markup, and expenses, direct or indirect, attributable to this
Amendment, including but not limited to compensation in full for any delays, acceleration,
or loss of efficiency encountered by Consultant in the performance of the Work through
the date of this Amendment. In consideration of the compensation and time, if any, in this
Amendment No. 10, the Consultant hereby releases the City from all Claims, demands, or
causes of action arising out of the transactions, events and occurrences giving rise to this
Amendment No. 10. This written Amendment No. 10 is the entire agreement between the
City and Consultant with respect to this Amendment. No other agreements or
modifications shall apply to this contract amendment 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.
10.
• 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.
ATTEST: CITY r F MIAMI BE. CH, FLORIDA
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Rafael E. Granado, Jim orales
City Clerk City '- ager
ATTESTA 0_miLmli
' / % LTANT:II14'
/ SCHWEBKE-SH &ASSOCIATES, INC.
Secreta w r President
gri ANDO J. A1AVA''• A'larkS' vcti � Ansoti
Print Name Print Name
Attachment: Schedule A-10, Schedule B-10
'0BE`? ' ., APPROVED AS TO
=�� y : FORM&LANGUAGE
'INfOAP•ORATED: &FOR EXECUTION
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City Attorney r� Date