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Amendment 4 - A.R.I. Q 3 AMENDMENT NO. 4 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A/E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND A.R.I. ARCHITECTS, INC. (D.B.A.. SKLARCHITECTURE) DATED FEBRUARY 9, 2000 (THE AGREEMENT); IN AN AMOUNT NOT -TO- EXCEED $24,500, FOR ADDITIONAL PROFESSIONAL SERVICES, FOR THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS This Amendment No. 4 to the Agreement made and entered this a y da of Februar , 2011 9 Y y , 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.R.I. Architects, Inc-(d.b.a. SKLARchitecture), a Florida Corporation, having its office at 231.0 Hollywood Boulevard, Hollywood, Florida 33020, (hereinafter referred to as the Consultant). RECITALS WHEREAS, on February 9, 2000, the Mayor and City Commission approved and authorized the Mayor and City Clerk to execute an Agreement with A.R.I. Architects, Inc., d.b.a. SKLARchitecture (Consultant), for the architectural and engineering services necessary to renovate the Miami Beach Convention Center (Convention Center) and the Jackie. Gleason Theater of the Performing Arts (TOPA) to bring the facilities into compliance with the requirements of the Americans with Disabilities Act (ADA) (the Project)and WHEREAS, the Agreement provided for the Consultant to provide design services for the renovation of certain restrooms and interior areas at the Convention Center and TOPA; and WHEREAS, due to changes in the requirements of the ADA, Amendment No. 1 to the Agreement was, approved and executed on March 14, 2001, to include fourteen (14) additional, restrooms; and WHEREAS, pursuant to the Agreement,. Consultant's construction administration services for both the. Convention Center and TOPA ADA Project were limited to 416 hours (52 weeks); and WHEREAS, Amendment No. 2 to the Agreement, approved and executed on March 17; 2004, in the amount of $93,072, adjusted the construction. administration services fees to reflect the anticipated construction time of,131 weeks; and . .1 , WHEREAS, the Convention Center continued its operations during the renovations, and the work was phased by groups of restrooms to maintain a certain number of restrooms in operation; and WHEREAS, on July 19, 2004, the City exercised its right to terminate, its construction, contract with Cazo Construction Corporation, for the Convention Center portion of the Project, and selected a new contractor through its Job Order Contracting .(JOC) program; and WHEREAS, work was performed around the Convention Center's event calendar, and the. overall estimated timeframe for the construction for both the Convention Center and TOPA increased from 131 weeks to 203 weeks; and WHEREAS, Amendment No. -3, to the Agreement was executed on October 19, 2005, in the amount of $103,695.50, for additional construction administration services, replacement of the original contractor, re- permitting and re- bidding of the TOPA project; and WHEREAS, on September 28, 2010, the City has exercised its option to reduce the current JOC contractor's (Alpine Construction Management Corp.) scope of work, as it relates to the door and hardware installation at the Convention Center; and WHEREAS, the City intends to hire a new JOC contractor to complete the door and, door hardware replacement work at the Convention Center; and WHEREAS, the Consultant will be required to performed additional services associated with the reduction of Alpine's scope of work, and the re- permitting of that portion of work through the new JOC contractor; and WHEREAS, the Consultant will be required to perform additional construction administration services associated with the close out of the project through February 28, 2011; and WHEREAS, the Consultant has exhausted the number of hours available to perform the construction administration tasks for the Project, and has subsequently requested reimbursement for services rendered from June 2010 through November 2010; and WHEREAS, the construction Administration services need to be extended through February 28, 2011, to for the transfer of the re- permitting of the documents through the new JOC contractor; and WHEREAS_, the followin Amendment No. 4 to the Agreement, increases the Agreement fee by $24,500, for additional professional services for the Project, for a total fee of $579,718.50. 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 4. _ . 2 2. MODIFICATIONS The Agreement is amended to include and incorporate the additional work, as set forth in Schedule "A -4 ", 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. 4. IN WITNESS WHEREOF, - the parties hereto have caused this Amendment No. 4 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH By Robert Parcher, City Clerk J tZ. G o zale , y Mana er ATTEST: CONSULTANT: A.R.I. ARCHITECTS, INC (d.b.a.) SKLARchitecture By • Secretary: President: Ari L. Sklar Print Name Print Name APPROVED AS TO FORM.& LANGUAGE & -FOR ECUTION 3 tt me 0ate SCHEDULE "A-419 SCOPE OF SERVICES Schedule "A" entitled, "Scope of Services is amended as follows: ADD the following 'in accordance with Article 2 of the Agreement The CONSULTANT shall furnish additional services associated with the Convention Center and TOPA (Projects) as noted below: Additional Design Services Associated with the Reduction of JOC Contractor Scope For Alpine Construction and Close Out of Contract, and Preparation of Revised Set of Construction Documentation to Hire a New JOC Contractor to Complete the Door and Hardware Installation at the Convention Center. The CONSULTANT shall, repackage the existing :drawings for the Convention Center Door and Hardware installation to include the doors and hardware that have not been completed by Alpine Through September 28, 2010. The CONSULTANT shall assist the new JOC contractor as necessary to obtain the necessary permits, and shall produce a punch list of items for the Project, including all construction administration related activities as outlined in the original contract as necessary to complete the transition of the Project to the new JOC Contractor. The Additional Services fee being approved is based on work completed by the Consultant from June 2010, through November 2010, n the amount of $17,435, and an amount not to exceed $7,065, for the services outlined in the Consultants letter dated August 30, 2010, to complete the re- packaging of the drawings for the new JOC contractor, and for services through February 28, 2011, for a total not -to- exceed amount of $24,500. The CONSULTANT shall provide the CITY with four (4) copies of. the revised Contract Documents signed and sealed, and the CAD files. Compensation for these services shall be billed by the CONSULTANT based on the tasks completed. 4