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Amendment No. 5 to the Agreement between The CITY OF MIAMI BEACH and SAVINO MILLER DESIGN STUDIO, P.A. ww..nyn�i lvcwNc w.rl'_. u i avt.-rv�r-Yon�-uvvv-tt.wt,u�rruoy 2020-31291 AMENDMENT No. 5 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 $50,100; This Amendment No. 5 to the Agreement, made and entered this 17 day of _ 1- 2020, by and between the CITY OF MIAMI BEACH, a Municipal Corporation existi • une laws of the State of Florida (hereinafter referred to as 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 with the firm of Savino Miller Design Studio, P.A., ("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, a professional services 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; removal of the parking lot from the west side of the property; increase the parking along Pinetree Drive; and 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, on September 12, 2018 the Mayor and City Commission adopted Resolution 2018-30492 approving Amendment No. 3, in the amount of$126,781, for additional Architectural and Engineering Design Services associated with the resiliency and sustainability strategies; and 2020-31291 WHEREAS, sustainable and resilient approaches including retention and storage of stormwater runoff from the adjacent neighborhood in to the Park has been implemented in the design; and WHEREAS, as the result of the stormwater retention in the lake within the Park, additional studies for treatment of the water within the lake and groundwater transient flow modeling have been requested by the Miami Dade County Regulatory and Economic Resources (RER) must be performed; and WHEREAS, on April 10, 2019 he Mayor and City Commission adopted Resolution 2019- 30764 approving Amendment No. 4 in the amount of $50,100, for addition coordination with Miami Dade County Regulatory and Economic Resources (RER), installation of additional wells, groundwater sampling and preparation of groundwater flow modeling, which resulted a conditional approval being issued on April 21, 2020 by RER; and WHEREAS, the RER conditional approval requires installation of additional wells, continuation of monitoring and preparation of reports. The consultant has prepared a cost proposal (attachment A) for the additional services in the amount of$122,040.65; and WHEREAS, the additional scope also includes design of the signs for the entrance to the park and design of water circulation and aeration system for the lake; and WHEREAS, the consultant has submitted a price proposal in the amount of $102,040.65 for the additional services plus $20,000 project contingency associated with the project design and permitting; and WHEREAS, prior to expenditure of the reimbursable accounts the scope work and cost must be preapproved by the Contract Administrator; and WHEREAS, the Administration has reviewed the proposal in the total amount of $122,040.65 and has found it to be fair and reasonable; and WHEREAS, the total contract amount, including this Amendment No.5, will be in a not to exceed total of$1,300,379.65; and WHEREAS, the funding for implementation of the above resiliency and sustainability strategies is included as part of the Par 3/Community Park project in the 2018 General Obligation Bond program. 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 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 amount of$122,040.65. DocuSign Envelope ID:AC1 D794C-AADA-48A6-B60D-2C9DC094F684 2020-31291 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 5. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: X2y.ii,_ . Dan Gelber, Mayor �- APPROVED AS TO FORM&LANGUAGE Tr E. Granado, City Clerk & FOR XEC ION 1 2 CrtyAttorney Date ATTEST: CONSULTANT: SAVINO MILLER DESIGN STUDIO, P.A DocuSigned by: Secretary plittivefet4F7 Barry Miller Print Name Print Name DocuSign Envelope ID:AC1D794C-AADA-48A6-B60D-2C9DC094F684 2020-31291 Attachment A savinomiller Ax DSCAOE 4ACroll ECl'URE I uRBA`I OES,GN 1 ARC"iTECIURE 12365 NE 6TH AVENUE A NORTH MIAMI,FLORIDA 33161 T 305.895.9082 E 305.095.9083 .v:w SAvNG+u rk 'r.. A40002463 LC C00208 May 12,2020 Revised June 1, 2020 Revised June 8, 2020 VIA ELECTRONIC MAIL: MinaSamadia.miamibeachfl.gov,pilarcaurin@miamibeachfl.gov City of Miami Beach CIP Office 1701 Meridian Avenue, Suite 300 Miami Beach, Florida 3139 Attention: Mina Samad, nior Ca$jtal Pr Coordinator Pilar Laurin, oje'cm ordin or Reference: ADDITIONAL SERVICES#5 Task 1 -DERM PERMITTING PROCESS Task 2-SIGNAGE DESIGN Task.3-LAKE PUMPHOUSE Task 4-CONTINGENCY City of Miami Beach Bayshore Park(Former PAR 3) Project No. 2015-29234 The summaries attached include time and cost associated with the following design fees and additional improvements requested by the City and DERM: Task 1: Request for additional services related to the Miami Dade County DERM permitting process: 1.1. Additional site groundwater testing requested by DERM 1.2. Reports and plans related to the DERM permitting process 1.3. Meetings, coordination and reviews related to DERM lake and stormwater approval and permitting process Task 2 Request for additional services to design Park signage per the City's inquiry: 2.1. Design for 1 large and 3 smaller park monument signs,typical park rules signage and dog park plaque(schematic-100%CDs)[Wayfinding not a part of scope] 2.2. Signage Variance Application 2.3. Lighting Design for(4)Monument Signs(90-100%plans) 2.4. Structural Design for(4)Monument Signs(90-100%plans) Task 3: Request for additional services to design a Pumphouse to hold the ozone system and circulation pumps for lake maintenance. 3.1. Design,coordination and plans for Pumphouse to hold ozone and pump equipment for lake maintenance 3.2.Architectural Design for Pumphouse 3.3 Structural Design for Pumphouse and related equipment attachment and access on lake docks Task 4: Replenish Contingency Fee for pre-approved use by CIP. Page 1 of 2 iI RESOLUTION NO. 2020-31291 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 AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SAVINO MILLER DESIGN STUDIO, P.A., FOR ADDITIONAL SERVICES ASSOCIATED WITH THE RESILIENT AND SUSTAINABLE ELEMENTS FOR THE FUTURE COMMUNITY PARK(FORMER PAR 3) PROJECT, INCLUDING INSTALLATION OF ADDITIONAL WELLS, CONTINUATION OF MONITORING, PREPARATION OF REPORTS, DESIGN OF SIGNS FOR THE ENTRANCE TO THE PARK, AND DESIGN OF WATER CIRCULATION AND AERATION SYSTEM FOR THE LAKE, IN THE AMOUNT OF $102,040.65 FOR THE ADDITIONAL SERVICES, PLUS A $20,000 PROJECT CONTINGENCY, INCREASING THE TOTAL CONTRACT AMOUNT TO A NOT-TO-EXCEED TOTAL OF $1,300,379.65, WITH PREVIOUSLY APPROPRIATED FUNDING FROM THE 2018 GENERAL OBLIGATION BOND PROGRAM. WHEREAS, on December 9, 2015, the Mayor and City Commission adopted Resolution No. 2015-29234, authorizing the administration to enter into negotiations and further authorizing the Mayor and City Clerk to execute a Professional Services Agreement with the firm of Savino Miller Design Studio, P.A., (Consultant), to provide professional services for the planning, design, bid, award and construction administration of the Future Community Park (former Par 3) (the "Project"); and WHEREAS, on May 19, 2016, a Professional Services Agreement(the"Agreement")was executed in the amount of$933,465; and WHEREAS,the Project was previously a golf course and is being developed as a passive community park; and WHEREAS, the Project includes a central lake, open meadows and informal open play field areas, site grading, a pavilion, tennis courts with restroom facilities, a children's playground, a dog park, a boardwalk and pathways, security lighting, a vita course and fitness cluster, a butterfly garden, a linear water feature, and parking lot; and WHEREAS, the Project design documents are currently being revised to the 60% design development stage, and has been presented to the community and Park Advisory Board, and has received approval from the Design Review Board (DRB); and WHEREAS,on September 5, 2017 the conceptual drawings and renderings for the Project were presented at the 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 to the Agreement, in the amount of$32,295, for design services, to incorporate the reduction and reconfiguration of the lake, removal of the parking lot from the west side of the property, to increase the parking along Pinetree Drive, and reconfigure the walkway and jogging path; and WHEREAS, on February 23, 2018, the Finance and Citywide Projects Committee (FCWPC) approved the conceptual design and directed staff to continue with the development and permitting of the Project and requested staff to prepare a list of Project elements that could be implemented within the current available budget and to explore Brownfield grants for the remediation efforts; and WHEREAS, on March 7, 2018, the Mayor and City Commission adopted Resolution 2018- 30222, accepting the recommendation of the 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 to the Agreement, 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, on September 12, 2018, the Mayor and City Commission adopted Resolution 2018-30492, approving Amendment No. 3 to the Agreement, in the amount of $126,781, for additional Architectural and Engineering Design Services associated with incorporation of resilient and sustainable strategies; and WHEREAS, due to the previous use of the park as a golf course and the associated contamination, additional studies for treatment of the water within the lake and groundwater transient flow modeling, have been requested by the Miami Dade County Regulatory and Economic Resources (RER); and WHEREAS, on April 10, 2019, the Mayor and City Commission adopted Resolution 2019- 30764, approving Amendment No. 4 in the amount of $50,100, for extended coordination with Miami Dade County Regulatory and Economic Resources (RER), installation of additional wells, groundwater sampling and preparation of groundwater flow modeling,which resulted a conditional approval being issued on April 21, 2020 by RER; and WHEREAS, the RER conditional approval requires installation of additional wells, continuation of monitoring and preparation of reports, and the consultant has prepared a cost proposal, attached as Exhibit B to the Memorandum accompanying this resolution, for the additional services in the amount of$122,040.65; and WHEREAS, the additional scope also includes design of the signs for the entrance to the park and design of water circulation and aeration system for the lake; and WHEREAS, the consultant has submitted a price proposal in the amount of$102,040.65 for the additional services, plus a $20,000 project contingency associated with the Project design and permitting; and WHEREAS, prior to expenditure of the reimbursable accounts the scope work and cost must be preapproved by the Contract Administrator; and WHEREAS, the Administration has reviewed the proposal in the total amount of $122,040.65 and has found it to be fair and reasonable, and the Administration recommends the execution of Amendment No. 5, attached to the Commission Memorandum accompanying this Resolution as Exhibit C; and WHEREAS, the total contract amount, including this Amendment No.5, will be increased to a not-to-exceed total of$1,300,379.65; and WHEREAS, the funding for implementation of the above resiliency and sustainability strategies is included as part of the Par 3/Community Park project in the 2018 General Obligation Bond program. 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 Amendment No. 5 to the Professional Services Agreement between the City of Miami Beach, Florida and Savino Miller Design Studio, P.A., for additional services associated with the resilient and sustainable elements for the Future Community Park (former Par 3) Project, including installation of additional wells, continuation of monitoring, preparation of reports, design of signs for the entrance to the park, and design of water circulation and aeration system for the lake, in the amount of$102,040.65 for the additional services, plus a $20,000 project contingency, increasing the total contract amount to a not-to-exceed total of $1,300,379.65, with previously appropriated funding from the 2018 General Obligation Bond program. Dan Gelber, Mayor ATTEST: .. 7 • Q APPROVED AS TO Rafael E. Granado, ity Clerk FORM & LANGUAGE & FOR EXECUTION (zo24 1NCORP ORAIED = City Attorney Date •:;7s DocuSign Envelope ID:ACID794C-AADA-48A6-B600-2C9DC094F684 'lit it Oft tat 2020-31291 AMENDMENT No. 5 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$50,100; This Amendment No. 5 to the Agreement, made and entered this 23 day of • 2020, by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing and r the laws of the State of Florida (hereinafter referred to as 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 with the firm of Savino Miller Design Studio, P.A., ("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, a professional services 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; removal of the parking lot from the west side of the property; increase the parking along Pinetree Drive, and 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, on September 12, 2018 the Mayor and City Commission adopted Resolution 2018-30492 approving Amendment No. 3, in the amount of$126,781, for additional Architectural and Engineering Design Services associated with the resiliency and sustainability strategies; and DocuSign Envelope ID:AC1D794C-AADA-48A6-B60D-2C9DC094F684 ' 'L Pe5O1Lt al 2020-31291 WHEREAS, sustainable and resilient approaches including retention and storage of stormwater runoff from the adjacent neighborhood in to the Park has been implemented in the design; and WHEREAS, as the result of the stormwater retention in the lake within the Park, additional studies for treatment of the water within the lake and groundwater transient flow modeling have been requested by the Miami Dade County Regulatory and Economic Resources (RER) must be performed; and WHEREAS, on April 10, 2019 he Mayor and City Commission adopted Resolution 2019- 30764 approving Amendment No. 4 in the amount of $50,100, for addition coordination with Miami Dade County Regulatory and Economic Resources (RER), installation of additional wells, groundwater sampling and preparation of groundwater flow modeling, which resulted a conditional approval being issued on April 21, 2020 by RER, and WHEREAS, the RER conditional approval requires installation of additional wells, continuation of monitoring and preparation of reports. The consultant has prepared a cost proposal (attachment A) for the additional services in the amount of$122,040.65, and WHEREAS, the additional scope also includes design of the signs for the entrance to the park and design of water circulation and aeration system for the lake: and WHEREAS, the consultant has submitted a price proposal in the amount of$102,040.65 for the additional services plus $20,000 project contingency associated with the project design and permitting; and WHEREAS, prior to expenditure of the reimbursable accounts the scope work and cost must be preapproved by the Contract Administrator, and WHEREAS, the Administration has reviewed the proposal in the total amount of $122..040.65 and has found it to be fair and reasonable; and WHEREAS, the total contract amount, including this Amendment No.5, will be in a not to exceed total of$1,300,379.65; and WHEREAS, the funding for implementation of the above resiliency and sustainability strategies is included as part of the Par 3/Community Park project in the 2018 General Obligation Bond program. 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 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 amount of$122,040.65. DocuSign Envelope ID:AC1 D794C-AADA-46A6-B60D-2C9DC094F684 [�p�� '"�•`�IcrIn' 2020-31291 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. 5. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be executed in their names by their duly authorized officials as of the date first set forth above. 12—zi------_____ ATTEST: Dan Gelber, Mayor A 7 z d"LvAPPROVED AS TO FORM&LANGUAGE Rafa= . Grana o, City Clerk a Fott�xEc�loN Vi ° , .dyAtterney Cate �,a INCORP ORATED: 6">_� HCl j.2 1j x.11\1.......��.�� ATTEST: CONSULTANT: SAVINO MILLER DESIGN STUDIO, P.A DocuSigned by: Secretary P itteltP F7 Barry Miller Print Name Print Name