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Amendment No. 3 to the Agreement with Arquitectonica International Corp. F-R61 AMENDMENT NO. 3 TO THE PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ARQUITECTONICA INTERNATIONAL CORP., DATED APRIL 7, 2009, This Amendment No. 3 to the Agreement made and entered this day of 2014, 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 ARQUITECTONICA INTERNATIONAL CORP., a Florida Corporation, having its offices at 2900 Oak Avenue, Miami, Florida 33133 (hereinafter referred to as Consultant). RECITALS WHEREAS, on December 12, 2008, the Mayor and City Commission adopted Resolution No. 2008-26969, approving an Agreement with the Consultant (the Agreement), for professional services for the Purdy Avenue Garage and Retail Project(the Project); and WHEREAS, the Agreement was executed for a not-to-exceed amount of $414,866.00; and WHEREAS, on November 23, 2010, Amendment No. 1 to the Agreement was executed, in the amount of $3,500, for revisions to the completed mechanical / electrical / plumbing / life-safety drawings to have the life-safety, emergency lighting powered by the emergency generator (rather than have the emergency garage lighting powered by battery back-up), similar to other municipal parking garages; and WHEREAS, on April 13, 2011, pursuant to Resolution No. 2011-27629, the Mayor and City Commission approved Amendment No. 2 to the Agreement, in the amount of $53,500, for additional construction administration services to perform threshold inspection services; and WHEREAS, on September 3, 2014, the Contractor was terminated for cause, for failure to complete all punch list items and failure to remediate all of the Project defects and deficiencies; and WHEREAS, this Amendment No.3 provides additional architectural/engineering services necessary to address all pending punch list items and the Project's defects and deficiencies, for a not-to-exceed amount of$39,085; and WHEREAS, staff has reviewed the Consultant's proposal and agrees that the proposal is fair and reasonable; and WHEREAS, this Amendment No. 3 to the Agreement, will revise the total Agreement amount to a not-to-exceed amount of$510,951. 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. 3. 2. MODIFICATIONS The Agreement is amended as defined in Schedule "A-1", attached 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. 3. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: `��! �, ITY F MIAMI EACH INCOR�t ORATGD��I�-� Cit Clerk City anager fcl.. r. ATTEST: CONSULTANT: ARQUITECTONICA INTERNATIONAL CORP. _ y (Auttrorized Corporate Officer) �% e� Print Namdo Print Name/Title APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION o� Date City Attorney SCHEDULE "A-3" Scope of Services: The Scope of Work consists of: • Provide a protocol to address items identified in the Punch List and Latent Defects Logs, including all necessary details, drawings and specifications for permitting and construction. These services also include permitting assistance, bid coordination, construction administration and close-out of the Project (See also attached Consultant proposal, dated 10/6/2014). Payment and Compensation: The total fee proposed for this Scope of Work shall be on a not-to-exceed basis, in the amount of$39,085.00 (See attached proposal dated 10/6/2014). Invoicing will be monthly and based on hourly rates, as defined in the current Agreement between the City and Consultant. • Original Agreement Amount: $414,866.00 • Amendment No. 1 (Emergency Generator Garage Lighting) amount: $3,500.00 • Amendment No. 2 (Additional Construction Services for Threshold Inspections) Amount $53,500.00 • Amendment No.3 (Additional Architectural /Engineering Services)Amount $39,085.00 • Revised-Agreement amount: $510,951.00 ARaUITECTONICA Additional Services Authorization Client: City of Miami Beach Date: 2014-10-06 Attention: David Martinez Telephone: 305.672.7071 Project: Sunset Harbour Garage and Retail Project Number: 2622 Requested By: Alfonso Jurado,AIA ASA Number: 2622.04 Additional Services Requested: ❑ Owner Requested Change ❑ Project Schedule Change ❑ Scope Change ® Default of Contractor,Subcontractor or Consultant ❑ Program Change ❑ Code Change ❑ Value Engineering ❑ Other(not outlined in Basic Services) Additional Fee Structure: ® Lump Sum ❑ Hourly ❑ Hourly Not-to-Exceed ❑ No Fee Additional Fee Amount: $39,085.00 Additional Services to Include the Following: Design Development Arquitectonica will provide a protocol to address all items identified in the Punch List and Latent Defects Log developed by Arquitectonica (see attached), including all necessary details, drawings and specifications for permitting and construction. Provide 100%deliverables to the City for review prior to permit submittal. During this phase Arquitectonica will hire NV5 as an independent consultant to investigate,test, report and provide a protocol for repairs of the cracking and efflorescence of the stucco at the parapet walls,sign panels and fagade of the building and coordinate with this consultant. Architect/Engineer—24 hrs. @ $150/hr._$3,600 NV5 Estimated Fees(see proposal attached)_$22,885 Estimated Duration—4 weeks Permitting Assistance Arquitectonica will make necessary revisions to construction package in order to obtain a construction permit. Architect/Engineer—8 hrs. @ $150/hr._$1,200 Estimated Duration—2 weeks Bid Coordination Arquitectonica will assist the City through the selection process of the contractor and answering questions candidate(s) may have regarding the construction package. Attend a contractor's bid review meeting if required. Architect/Engineer—8 hrs. @ $150/hr._$1,200 Estimated Duration—Dependent upon CIVIB's method of contractor selection 2900 Oak Avenue Miami,FL 33133 T 305.372 1812 F 305.372.1175 www.arquitectonica.com AROUITECTONICA Construction Administration Arquitectonica will provide services to the City during the construction phase to include project schedule review,schedule of values review,shop drawings review and approval,answering RFI's,attend a pre- construction meeting,attend bi-weekly construction progress meetings, perform weekly visits and provide reports, produce meeting minutes,review, recommend and approve change orders/contingency draws, attend a substantial completion walk-through and a Final Completion Walk-through,and providing a punch list. Architect/Engineer—40 hrs. @$150/hr.=$6,000 Estimated Duration'-14 weeks Close-out Arquitectonica will assist the City by reviewing(2 reviews included)and approving as-built documents, warranties,maintenance and operations manuals,and issuing substantial completion certificate. Architect/Engineer—8 hrs.@$150/hr.=$1,200 Estimated Duration—1 week SUB TOTAL $36,085.00 Reimbursable Allowance $3,000.00 TOTAL BILLING $39,085.00 ARQUITECTONICA Alfonso Jurado ° Vice President October-6,2014 2900 Oak Avenue Miami,FL 33133 T 305.3721812 F 305.372.1175 www,a rq u itectDn ica.com