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Amendment No. 1 to Agreement with ZAHA HADID Architects aota-� AMENDMENT NO. 1 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A/E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND A JOINT VENTURE OF ZAHA HADID LIMITED T/A ZAHA HADID ARCHITECTS AND BERENBLUM BUSCH ARCHITECTURE, INC. DATED MAY 3RD, 20129 FOR THE PROVISION OF ADDITIONAL PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE COLLINS PARK GARAGE PROJECT IN THE AMOUNT OF $8,935 This Amendment No. 1 to the Agreement made and entered this eo day of s , 2013, by and between the CITY OF MIAMI BEACH,a municipal corporation existing under 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 a Joint Venture of Zaha Hadid Limited t/a Zaha Hadid Architects, a company certified by the Registrar of Companies for England and Wales, having its principal office at 10 Bowling Green Lane, London, EC1 R OBQ,United Kingdom (hereinafter referred to as the"Prime Architect";and Berenblum Busch Architecture, Inc.,a Florida corporation, having its principal office at 848 Brickell Avenue, Suite 625, Miami, Florida, 33131 (hereinafter referred to as the "Executive Architect"). RECITALS WHEREAS, pursuant to Request for Qualifications(RFQ)No. 31-10/11,the Mayor and City Commission adopted Resolution No. 2012-27869-on March 21, 2012, approving a Professional Services Agreement(the Agreement)between the City and a joint venture of Zaha Hadid Limited t/a Zaha Hadid Architects and Berenblum Busch Architecture, Inc.for the Planning,Architectural, Engineering, Design, Bid and Award, And Construction Administration Services for the Collins Park Garage Project; and WHEREAS,the Agreement was executed for a not-to-exceed amount of$2,951,823;and WHEREAS, the following Amendment No. 1 to the Agreement is for the provision of additional surveying services and extended representation during July City Commission meetings; and 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. 1. o 2. MODIFICATIONS The Agreement is amended as defined in Schedule "A-1", attached herein. Page 1 of 3 Amendment No.1 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. 1. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH Raf el Granado Ji i by L. orales City Clerk Ci Mana er ATTEST : PRI E ARCHITECT (P.A.)/ZAHA HADID LIMITED T/A ZAHA HADID ARCHITECTS ignature S ature Cxqls .4 Ag�o eve Print Name Print Name ATTEST : EXECUTIVE ARCHITECT (E.A.)/ BERENBLUM BUSCH ARCHITECTURE, INC. (396b42�� Signature /Secretary: Sig a re / Presi ent Print Name Print Name Page 2 of 3 Amendment No.1 SCHEDULE "A-1" SCOPE OF SERVICES Schedule "A" entitled, "Scope of Services", is amended as follows: Add the following under Task 6 —ADDITIONAL SERVICES Task 6.1 —Additional Surveying Services: 1. Review existing legal description(s) and title documents for the project site(s), and prepare a legal description required for Unity of Title,to include the Ballet Building site, Library building site, parking lots and Liberty Avenue, between 22nd and 23rd Streets. 2. Prepare two (2) sketches to accompany legal descriptions for the proposed parking garage to encompass the limits of the garage as it extends over the north property boundary at upper levels, as required to obtain approval from Miami Dade-County for encroachment. 3. Survey the locations of approximately forty (40) windows along the west fagade of the Assisted Living Facility Building. 4. Perform subsurface utility engineering (SUE)Services for the two(2)parking lots adjacent to and north of the Miami City Ballet building and the Miami Beach Library building. The total lump sum fee for this scope of work is $6,385. Task 6.2— Extended representation at July 2013 City Commission Meeting. 1. City Commission Meeting: July 17, 2013 11:00am — 12:OOam (11 hours) 2. Continuation of City Commission Meeting :-July 19, 2013 11:00am — 5:OOpm (6 hours) The total lump sum fee for this scope of work is $2,550. PAYMENT AND COMPENSATION The method for calculating the fees for the aforementioned proposed professional architectural and engineering services is established in Exhibit'A-1'attached.The total fee proposed for this Scope of Work is $8,935. Invoicing will be monthly. COMPENSATION Zaha Hadid Berenblum Busch Total Limited Architecture Original Agreement Amount $1,276,000 $19675,823 $2,951,823 Amendment No. 1 N/A $ 8,935 $ 8,935 Revised Agreement Amount $1,276,000 $1,684,758 $2,9609758 Page 3 of 3 Collins Park Garage-Amendment No.1 BERENBLUM BUSCH ARCHITECTURE,inc ® 848 BRICKELL AVENUE i SUITE 625;i MIAMI,FL.33 13-, P:305.33 .3C:76/bbarniami.com P AA26002 09 July 25, 2013 Mr. Humberto Cabanas City of Miami Beach 1700 Convention Center Drive Miami Beach Fl. 33139 Re: Additional Service Request. Dear Mr. Cabanas: Berenblum Busch Architecture, Inc. (BBA) is delighted to present the enclosed additional service proposals to perform services as well as extended representation during City Commission deliberations. Fee for Services: Miller Legg. Additional Survey Services: $6,385.00 BBA. Extended Representation: $2,550.00 Please refer to the enclosed and incorporated herewith, additional services proposal for specific scope of work and details. We thank you for the opportunity to present the proposals. Please let us know if you need any additional information. Submitted by, Berenblum Busch rchitecture, Inc. ------------ ----------------------- Gu to Berenbl AIA. P Enclosures. Proposal Exhibit A- Collins Park Parking Garage Proposal Agreement- Collins Park Parking Garage CPP Additional Service Proposal 1 BERENBLUM BUSCH ARCHITECTURE,inc - - A • • 3^8 BRICKCLL AVENUE i SUITE 625 ii M1AM1.FL 331.'.7 P:305.:13'..3078/Lbamiami c;m/.'.4A26002109 July 24, 2013 Mr. Humberto Cabanas City of Miami Beach 1700 Convention Center Drive Miami Beach Fl. 33139 Re: Collins Park Place. Additional services related to presentation to the City Commission on July 17" and 19`h, 2013. Dear Mr. Cabanas: Berenblum Busch Architecture, Inc. (BBA) is delighted to present the enclosed additional services proposal related to time spent during the recently completed presentations to Miami Beach's City Commission seeking approval to proceed with Task 2. What follows is a breakdown of time expended and fee calculation based on the billing rates as defined in the contract with the City of Miami Beach. Wednesday, July 17th, 2013. Arrival at City Hall 1:00pm. Departure at midnight. (11 hours) Friday, July 19th, 2013. Arrival at City Hall at 11:00am. Departure at 5:00pm. (6 hours) Wednesday Gustavo Berenblum. Principal at an hourly rate of$150.00 x 11 hours =S1,650.00 Friday Gustavo Berenblum. Principal at an hourly rate of$150.00 x 6 hours =$900.00 Total Additional Service Fee = $2,550.00 We thank you for the opportunity to present this proposal. Please let us know if you need any additional information. Submitted by, Berenblum Busch rchitecture, Inc. Gu to o Berenbl AIA. Pr si ent 1 MILLER LEGG October 15, 2012 Revised November 07, 2012, (Per November 01, 2012 telephone conversation) Revised April 11, 2013, (Per February 07, 2013 E-Mail) Via E-mail. GBOBerenblum Busch.com Mr. Gustavo Berenblum, Principal, AIA, LEED AP BERENBLUM BUSCH ARCHITECTURE 848 Brickell Avenue Suite 625 Miami, FL 33131 RE: Collins Park Parking Garage, (the "Project") Additional Survey Services Miller Legg Proposal Noe: 11-P0463 Dear Mr. Berenblum: Thank you for the opportunity to provide Berenblum Busch Architecture and the City of Miami Beach this Proposal. Please find attached / included, the Agreement for Professional Services to assist you / City with accomplishing your goals in the Construction of the Collins Park Parking Garage Project in the City of Miami Beach. Please have an authorized Client signatory sign and initial the two, (2), attached Agreements where indicated, complete the Client Billing Instructions, and return both originals for Miller Legg's execution, along with the requested retainer. A fully- executed original will be mailed to you for your file. Should you have any questions, please do not hesitate to contact either myself at (954) 628-3674 or PRaskin MillerLegg.com; or Marty Rossi at (954) 628-3675 or MRossi@MillerLegg.com. Again, thank you and I look forward to continuing our working with you on this project. Very truly yours, Paul S. Raskin Project Surveyor PSR/psr/mpr Attachment(s) V:\Proposals\2011\11-P0463\Additional Services Agreement.docx IMPROVING COMMUNITIES.. CREATING ENVIRONMENTS. AiVarni-Dade Office:- 7743.NW 48th Street.- Suite 140 - Xharni,Florida - 33166-5407 (305)599-6381 • Fax: (954)436-8664 ,,vvAv.rn i i i e r.!egg.co rn October 26, 2011 EXHIBIT A—SCOPE OF SERVICES Berenblum Busch Architecture for the Collins Park Parking Garage, (the "Project") Additional Services Number 1 Revised November 07, 2012 Revised April 11, 2013 1.0 PROJECT DESCRIPTION 1.1 The Project is generally described as follows: Miller Legg shall provide additional Surveying Services based on a previously prepared Boundary and Topographic Survey, for the Collins Park Parking Garage Project, bounded by 23rd Street on the North; Park Avenue on the West; the Miami City Ballet on the South; and Liberty Avenue on the East. Together with a surface parking lot bounded by Liberty Avenue on the West; and the City Library on the South, all being located in the City of Miami Beach, Miami- Dade County, Florida. 2.0 BASIS OF SCOPE This scope was prepared based upon a Project Meeting on September 04, 2012, and subsequent a-mails as well as telephone conversations between Berenblum Busch Architecture, Inc., Miller Legg and the City of Miami Beach, the most recent being an E-Mail from Berenblum Busch Architecture, Inc. on February 07, 2013 identifying revisions requested by the City of Miami Beach on February 01, 2013. 2.1 Survey • Previously prepared property Boundary Survey and a Detailed Topographic Survey of the project site, along with topographical information for Liberty Avenue from 22nd Street to 23� Street, is included within the Scope Of Services. All property Boundary information is currently based on information obtained from the Miami- Dade County Property Appraisers website. At the time of the preparation of the original Boundary and Topographic Survey, as well as this Additional Services Scope, a current Legal Description of the parcels that comprise the Project site was not provided by either the Client or the City of Miami Beach. • Abstract of Title and / or Title Commitment shall be provided by the Client / City of Miami Beach, based on a complete and current Legal Description of the parcels that comprise the Project site. A title review, Proposal No. 11-P0463 Page 1 of 5 Initial: ML: Client: October 26, 2011 to include review and assessment of active and abandoned utilities easements, shall be performed by the Consultant. • The Horizontal Datum to be utilized for the Boundary Survey shall be the North American Datum of 1983, Adjustment of 1990, (NAD 83/90), per GPS observations and a State of Florida Department of Transportation Project Network Control Sheet for State Road No. Al A, as prepared by P(3)SM, LLC, with a completed date of July 27, 2010. (As identified on the face of the current Boundary and Topographic Survey, dated July 10, 2012, as prepared by Miller Legg.) • The Vertical Datum to be utilized for the Topographic Survey shall be the North American Vertical Datum of 1988, (N.A.V.D. '88). • All Fees within this proposal are based on performing each task one, (1), time only. Additions or modifications to the Scope, and other additional requests, such as the preparation of a Replat of Liberty Avenue, right-of-way for abandonment, if required by the City of Miami Beach, shall be provided as an additional service under separate proposal. 3.0 INFORMATION TO BE PROVIDED BY CLIENT 3.1 Copies of all relevant data, including but not limited to correspondence, plans, reports, Surveys, As-Builts or information in its possession, either hard copy or electronic, which may be beneficial to the work effort performed by the Consultant. 3.2 A copy of the current proposed site plan of the parking garage layout. 3.3 Access to the Property is unrestricted or will be provided by Client. 3.4 A complete and current Legal Description of the parcels that comprise the YP Y Project site; an previous Surveys and Title Reports that are available. 4.0 SCOPE OF SERVICES AND FEE The scope of services to be provided by Consultant shall be as follows: SURVEY TASKS Proposal No. 11-P0463 Page 2 of 5 Initial: ML: Client: October 26, 2011 Task 1 Additional Survey Services — Consultant shall perform the following additional services under this agreement based on the aforesaid meeting, e-mails and telephone calls. The additional information will either be added to the current Boundary and_ Topographic Survey previously prepared by Miller Legg under Project Number 12-00106, or additional drawings / sketches will be prepared. Miller Legg will obtain the locations of approximately 40 windows located along the Westerly Building Face of an Assisted Living Facility located at 200 23rd Street and adjacent to the Northeast portion of the Project. A minimal amount of windows, (i.e. 40 +/-), will be located in an effort to be able to identify / show approximately 85 windows on the Westerly Building Face. Since a minimal amount of windows will be located, an assumption will be made as to the window interval(s), in an effort to show the 85 +/- windows on a profile view. In addition, Miller Legg will provide SUE, (Subsurface Utility Engineering), Services to locate underground utilities within two parking lots — one each adjacent to and immediately North of the Library Building and the Ballet Building. Lastly, Miller Legg will prepare two, (2), Sketch to Accompany Legal Descriptions for the proposed Parking Garage to encompass the limits of the Garage as it extends Northerly over the Property Boundary. One Sketch will be for the lower floors of the Garage, (i.e. Levels 2 and 3), and the other for the upper floors, (i.e. Levels 4, 5 and 6). NOTE: The specific Levels for the Sketches may be revised, however, the fee includes preparing only two, (2), Sketches under this Agreement. Please review the following information as it pertains to SUE Services: • Utility location and verification is being provided in an attempt to prevent the likelihood of damage during excavation and/or provide design information. • Results are dependent upon field conditions at the time of locating services. • American Public Works Association (APWA) standards are used for marking. • Consultant shall provide marking services together with survey locations of markings. An AutoCAD drawing depicting the markings in reference to the site will be provided. (NOTE: This information will be shown on the Boundary and Topographic survey.) • Consultant is not responsible for moved, altered, obliterated or maintaining marks. Consultant will impose an additional fee to relocate/re-mark facilities. Proposal No. I1-P0463 Page 3 of 5 Initial: ML: Client: October 26, 2011 Consultant is not responsible for errors and omissions of recorded utility information, inasmuch as it may exist. Information provided by Consultant is for informational purposes and is intended to be used prior to excavation. Prior to Project construction, the excavating contractor is responsible for securing locations of public utilities through Sunshine State One Call of Florida (call 811). • The performance of Consultant's services is limited to full and unobstructed access including, but not limited to: mechanical rooms, manholes, hand holes, vaults, meter rooms, telecom rooms, fixtures (plumbing, electrical, communication), dispensers, fenced compounds, tanks and structures. Full cooperation from the on-site personnel is necessary to perform a complete survey. The revised Survey information will be in accordance with the guidelines established in Rule 5J-17 of Florida's Administrative Code and Chapter 472.027 of Florida's Statutes. Deliverables shall be provided in the form of four, (4), signed and sealed hard copies of the revised Boundary and Topographic Survey, four, (4), signed and sealed Sketch to Accompany Legal Descriptions and a CD containing all digital survey information in AutoCAD 2010 compliant format. The AutoCAD drawing shall contain individual layers which uniquely identify improvements, features, and subsurface utilities by type, in as much as type can be determined using surface geophysical methods and interpretation of as-built plans and other documents provided by the Client. The following Lump Sum Fee is based on the Client / City of Miami Beach approving all of the above identified Services at one time and releasing Miller Legg to perform said Services together. FEE: Lump Sum of$ 6,385.00 (See Following Page for Task/ Fee Breakdown.) Proposal No. 11-P0463 Page 4 of 5 Initial: ML: Client: October 26, 2011 TASK LUMP SUM NUMBER TASK FEE SURVEY TASK Additional Survey Services, (i.e. Review Legal Descriptions Task 1 / Review Title Documents, Window Locations, Sketch To $ 3,865.00 Accompany Legal Descriptions) Task 1 Additional Survey Services, (i.e. SUE) $ 2,520.00 Survey Task subtotal $ 6,385.00 FEE $ 69385.00 FEE BREAKDOWN: Category: Senior Survey Field SUE Surveyor Surveyor Technician Crew Crew Fee: $150 / hr $105 / hr $115 / hr $135 hr $135 hr Task 1 (Review Legal Descriptions / Review Title Documents, Window Locations, Sketch To Accompany Legal Descriptions) 1 hour 2 hours 7 hours 20 hours N/A Task 1 (SUE) 1 hour N/A 3 hours 5 hours 10 hours Total Hours: 2 hours 2 hours 10 hours 25 hours 10 hours Total Fees: $300.00 $210.00 $1,150.00 $3,375.00 $1,350.00 4 Proposal No. 11-P0463 Page 5 of 5 Initial: ML: Client: