Amendment 11 w/ Bermello et al
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AMENDMENT NO. 11
TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
BERMELLO, AJAMIL AND PARTNERS, INC.,
FOR PARKS MASTER PLAN BOND PROGRAM SITES
NORTH SHORE PARK, NORTH SHORE OPEN SPACE PARK, 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 $135,623.38
FOR THE NORTH SHORE PARK, NORTH SHORE OPEN SPACE, PARKS
MAINTENANCE FACILITY AND LUMMUS PARK PROJECTS
This Amendment No. 11, dated as of April 14, 2004, 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) (Agreement); 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, the Agreement has since been amended several times; and
WHEREAS, the original timeline for the 6 parks under Consultant's professional
services agreement was to have completion of construction in December 1999; and
WHEREAS, extensive delays beyond this date were generated primarily by the
identification of additional funding which expanded the scopes of the projects; and
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, .
WHEREAS, similarly, community requests drove major and repeated design
changes; and
WHEREAS, to date, the first two phases of North Shore Open Space Park, Pine
Tree Park and the first phase of Lummus Park have been completed and the South
Pointe Park and North Shore Open Space Park Phases IV and V were removed from
the Scope of Services by Commission action on November 13, 2002, leaving the North
Shore Park and Youth Center, Lummus Park Phase II, North Shore Open Space Park
Phase III and Parks Maintenance Yard projects still remaining to be planned, designed,
and/or have construction administration services completed by Consultant; and
WHEREAS, Consultant has been performing architect/engineering services on
aI/ of the projects in an effort to complete the construction of the projects; and
WHEREAS, Consultant's fees were adjusted in November 2002 to provide for
additional time required to complete the projects; however, those timelines have been
exceeded, and the projects have not yet been completed, and Consultant has
requested additional services; and
WHEREAS, North Shore Park and Youth Center is under construction, with an
estimated completion date of June 2004; the third phase of North Shore Open Space
Park is in design, with an estimated completion date of May 2005; the second phase of
Lummus Park is under design, with an estimated construction completion date of April
2005; and the Parks Maintenance Yard is under design with an estimated construction
completion date of March 2005; and
WHEREAS, an extension of time to the agreement through June 30, 2004 on the
North Shore Park and Youth Center project; through May 31, 2005 on Phase III of the
North Shore Open Space Park project; through March 31, 2005 on the Parks
Maintenance Yard project; and through April 30, 2005 on the Lummus Park project,
would aI/ow Consultant to serve as the architect/engineer of record for these projects
through the completion of construction; and
WHEREAS, Consultant has requested additional fees for reimbursable expenses
for the Lummus Park project for services including a survey of the existing restroom
facilities, and preparing and mailing notices related to the project being reviewed by the
Historic Preservation Board (HPB) for approval; and
WHEREAS, the City wishes to amend the Agreement with Consultant to provide
for an extension of time, for additional services, and to cover additional reimbursable
expenses for the North Shore Park, North Shore Open Space Park, the Parks
Maintenance Facility, and Lummus Park projects, as specified herein.
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1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this
Amendment No. 11.
2. MODIFICATIONS
The Agreement is amended to include the extension of time, Additional Services,
and additional Reimbursable Expenses, as described in Exhibit "A-1", entitled
"Extension of Time, Additional Services and Additional Reimbursable Expenses",
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. 11.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.
11 to be executed in their names by their duly authorized a ials as of the date first set
forth above.
B:
F MIAMI BEACH
J[;r<<t fM~
CITY CLERK
CONSULTANT
BERMEL~:: AJ((L lARTNERS. INC.
PRESI ENT
\..u,> AJ1MI\..
Print Name
S
12 A FeRNAtJDer..
Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
SEAL
t~)-I'J---CN
ity Attorn Date
Exhibit "A-1"
To Amendment No. 11
Extension of Time, Additional Services and Additional Reimbursable Expenses
Scope of Services:
1. The Consultant will perform Construction Administration Services through June 30,
2004 on the North Shore Park and Youth Center project. The Additional Services
associated with this extension of time for this project will be in an amount not to
exceed $40,000.00. This fee will be payable according to the terms of the original
Agreement, as amended.
The Consultant acknowledges the completion of this project is near, and that no
further Additional Services will be requested and/or granted with regard to the
completion of this project. This fee is meant to compensate the Consultant through
the completion of construction and close out of this project.
2. The Consultant will perform Additional Services through May 31, 2005 on the North
Shore Open Space Park project. The Additional Services associated with this
extension of time for this project will be in an amount not to exceed $30,000.00.
This fee will be payable according to the terms of the original Agreement, as
amended.
3. The Consultant will perform Additional Services through April 30, 2005 on the
Lummus Park project. The additional services associated with this extension of time
for this project will be in an amount not to exceed $12,000.00. This fee will be
payable according to the terms of the original Agreement, as amended.
4. The Consultant will perform Additional Services through March 31, 2005 on the
Parks Maintenance Yard project. The Additional Services associated with this
extension of time for this project will be in an amount not to exceed $24,000.00.
This fee will be payable according to the terms of the original Agreement, as
amended.
5. Additional Reimbursable Expenses for the Lummus Park project, in the amount of
$9,623.38, are hereby authorized. These additional Reimbursable Expenses are for
the purposes of:
. Conducting a survey of the existing restroom facilities, at a cost not to
exceed $4,958.00
. Preparing and mailing notices related to the project being reviewed by the
Historic Preservation Board (HPB), at a cost not to exceed $4,665.38.
Exhibit "A-1"
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These expenses are not-to-exceed amounts and will be reimbursed based on actual
costs incurred as demonstrated through invoices submitted to the City.
6. The Consultant will perform Additional Services in the form of revIsing the
documents on the Parks Maintenance Yard project to comply with the requirements
of the Florida Building Code which were not in place when the original documents
were completed. The additional fees associated with these Additional Services will
be in an amount not to exceed $4,500.00. This fee will be payable according to the
terms of the original Agreement, as amended.
7. The Consultant will perform Additional Services in the form of revIsing the
documents for the construction of the concession stand and exterior restrooms for
the North Shore Park and Youth Center play fields, permitting and bidding the
documents, and performing Construction Administration. The additional fees
associated with these Additional Services will be in an amount not to exceed
$15,500.00. This fee will be payable according to the terms of the original
Agreement, as amended.
Exhibit "A-1"
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