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Amendment No. 1 to the Agreement with Fentress Architects AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND FENTRESS ARCHITECTS, DATED MAY 149 20149 FOR DESIGN CRITERIA PROFESSIONAL SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION PROJECT This Amendment No. 1 to the Agreement made and entered this $—day of December, 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 FENTRESS ARCHITECTS, a Colorado corporation, having its offices at 421 Broadway, Denver, Colorado (hereinafter referred to as Consultant). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 2014-142ME, the Mayor and City Commission adopted Resolution No. 2014-28538 on April 9, 2014, approving and authorizing the Mayor and City Clerk to execute an Agreement with Fentress Architects for Design Criteria Professional Services for the Miami Beach Convention Center Renovation Project (the Agreement); and WHEREAS,the Agreement was executed for a lump sum amount of$10,967,200 including reimbursable expenses; and WHEREAS,the following Amendment No. 1 to the Agreement corrects an error in the scope of services with regard to Task 3: Design Development and Design Criteria Package Services, to clarify the City's requirement of a 30% completion level for low voltage systems, as identified in the July 10, 2014 letter attached hereto as Exhibit "1 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. Page 1 of 2 i 2. MODIFICATIONS a. Task 3 of the Agreement, with respect to Design Development and Design Criteria Package Services, is hereby amended to require a 30% completion level for low voltage systems, as originally contemplated by the parties. b. Article 15 of the Agreement, with respect to notice to Fentress, is amended to include John Kudrycki as an additional recipient of written notices. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged and in full force and effect. 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: °.•• ,_ CI OF MIAM,- BEACH j It\CORD )ORATE!! b� 1- �` R. ael Granado A IA <f,i;� Jib' my Morales, City Manager City Clerk :Thy- ATTEST : CONSULTANT: FENTRESS ARCHITECTS 6t) Signature: Signature Etlf I O Curtis W. rksrl¢A1-CEO Print Name / Title I c e Print Name / Title • • APPROVED AS TO FORM & LANGUAGE Page 2 of 2 & R E,XECUTION l City Attorney Date ( EXHIBIT 1 YTY -fajO.�'t � FENTRESS July 10, 2014 Ms. Maria Hernandez, RA. LEED AP lentressarchitects.com City of Nflarni Beach LA 303.722.5000 Office of the City Manager si 1700 Convention Center Drive Dc 421 Broadway 4"' Floor 0P.14 Denver CO 80203 Miami Beach, FL 33039 Re: Miami Beach Convention Center Renovation Resolution No. 2014-1-8538 Contract Amendment 01 —Low Voltage Equipment Project 2014002 1.001 Dear Ms. Hernandez: Per Paragraph 3.7 of our agreement between the City of Miami Beach and Fentress Architects for the Miami Beach Convention Center Renovation Design project,this letter requests an amendment to Task 3: n Development and Design 01 0 C Criteria Package Services of the agreement. Within the agreement (page 39). Low Voltage Equipment design is currently listed at to be provided to a 90%completion level. This value is in error and what is included in the quoted fee is a 30% completion level for low voltage systems. We request approval of this amendment to modify the agreement accordingly. Also, we request an amendment to Article 15 to add John Kudrycki along with Mike Winters as recipients of written notices for this project. If you are in agreement, please sign in the place and manner provided below and return to us, whereupon this letter C, - shall be incorporated as part of the agreement. Sincerely. Fentress Architects 0/ow J?(o)hudrycki, AIA,LEED 7D+C te Principal i ia I I ..ociate Principal /a me c: Jeff Sachs,Strategic Advisory Group Holly Carson.Fentress Architects Approved and Authorized: City of Iviia ach By: Date: MS. Maria Hernando/ Hernandez, Maria From: Jeff Sachs <jeffsachs @me.com> Sent: Thursday, July 24, 2014 4:58 PM To: Hernandez, Maria Subject: Fvvd: Contract Modification Attachments: Scanned frorn a Xerox Multifunction Device.pdf Recommend approval. .Jeff Sachs Strategic Advisory Group 3848 Saint .Annes Court Duluth, GA 30095 P (678) 584-0 70 5) C (404► 307-9277 F (678) 584-0706 fLeff�stro*egicoci,i�s,Drvar )uc.net Begin forwarded message: From: John Kudrycki <Kudrycki Pckfentressarchitects.com> Subject: Contract Modification Date: July 10, 2014 at 7:45:06 PM EDT To: "Hernandez, Maria" <ManaHernandez(@rniamibeachfl.gov> Cc: 20140021 Miami Beach Convention Center Renovation <20140021 Miami Beach Convention Center Renovation()fentressarchitects.com>, 'Jeff Sachs' <ieffsachs me.com>, Holly Carson <carson�fentressarchitects.com> Maria, This is the contract modification letter that we talked about earlier in the week. It includes the revision to the low voltage equipment percentage complete and also adds me to the notification names on the contract. Let me know if you have any comments or concerns, Thanks, John Kudrycki - 1 Hernandez, Maria From: John Kudrycki <Kudrycki @fentressarchitects.com> Sent: Thursday. July 10, 2014 7:45 PM To: Hernandez, Maria Cc: 20140021 Miami Beach Convention Center Renovation; 'Jeff Sachs'; Holly Carson Subject: Contract Modification Attachments: Scanned from a Xerox Multifunction Device.pdf Maria, This is the contract modification letter that we talked about earlier in the week. It includes the revision to the low voltage equipment percentage complete and also adds me to the notification names on the contract. Let me know if you have any comments or concerns, Thanks, vonn Kudryckr ON 13 1 12 A Fertress Architects CONFIDENTIALITY NOTE.This e-mail and any files transmitted with it contain privileged and confidential information and are intended solely for the use of the individual or entity to which they are addressed If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient.you are hereby notified that any dissemination or copying of this e-mail or any of its attachment(s)is strictly prohibited If you have received this e-mail in error.please immediately notify the sending individual or entity by e-mail and permanently delete the original e-mail and attachment(s)from your computer system. 1