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2015-28925 Reso RESOLUTION NO. 2015-28925 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH FENTRESS ARCHITECTS ("FENTRESS") IN THE LUMP SUM AMOUNT OF $14,469,500, FOR ADDITIONAL DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT (THE PROJECT); ACCEPTING THE CITY MANAGER'S CERTIFICATION OF A VALID PUBLIC EMERGENCY AND WAIVING THE PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES OF THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT ("CCNA") PURSUANT TO FLA. STAT. 287.055(3)(A)(1). WHEREAS, on February 12, 2014, the Mayor and City Commission authorized the issuance of RFQ 2014-142-ME for Design Criteria Professional Services for the Miami Beach Convention Center Renovation and Expansion Project (the "RFP") pursuant to the public announcement and qualification procedures of the CCNA, set forth in Section 287.055 of the Florida Statutes; and WHEREAS, on March 11, 2014, the City Manager appointed an Evaluation Committee via Letter to Commission No. 079-2014, to review the eight submissions the City received from design firms, and on March 25, 2014, the Evaluation Committee convened and ranked Fentress as the top-ranked proposer, in part due to Fentress's substantial experience in designing convention centers in Denver, Colorado (honored with 18 awards for innovation and excellence in design); Pasadena, California; Palm Springs, California; and Santa Fe, New Mexico; and WHEREAS, on April 19, 2014, the Mayor and City Commission adopted Resolution No. 2014-28538, approving the execution of a Professional Services Agreement with Fentress for the Design Criteria Professional Services for the Project; and WHEREAS, on July 30, 2014, the Mayor and City Commission authorized the issuance of RFP 2014-294-ME for Design Builder Services for the Miami Beach Convention Center Renovation and Expansion (the "RFP") pursuant to Section 287.055 of the Florida Statutes; and WHEREAS, on November 19, 2014, the City Commission adopted Resolution No. , 2014-28848, accepting the recommendation of the City Manager to short-list the top three proposers (Clark, Hunt, and Hensel Phelps) to proceed to Phase II of the RFP evaluation process; and WHEREAS, on December 16, 2014, the Miami-Dade County Board of County Commissioners adopted Resolution No. R-1110-14, approving, among other things, the issuance of tax increment revenue bonds in an amount not-to-exceed $430,000,000, to be used for specified purposes, including the design and construction of the Project; WHEREAS, on December 18, 2014, the City Commission adopted Resolution No. 2014- 28882, approving the issuance to the short-listed firms of the Design Criteria Package timely prepared by Fentress, which included approximately 1,320 drawings, 2,326 pages of Technical Specifications and a 996 page design narrative, developed with the assistance of Fentress's team of fourteen sub-consultants and experts; and WHEREAS, the Design Criteria Package prepared by Fentress represents 0 approximately 30% completion of the design development for the Project, with a number of the design packages (such as for building enclosure materials and configuration, interior finishes, millwork, HVAC supply and return grilles, vertical transportation, low-voltage equipment and specialty equipment) at over 80% design completion stage; WHEREAS, on November 19, 2014, following the City Commission's adoption of Resolution No. 2014-28848, and short-listing of firms for Phase II of the RFP Process, Hensel Phelps informed the City of its decision to withdraw from the RFP process, and subsequently, on January 21, 2015, Hunt notified the City of its withdrawal from the Phase II evaluation process; and WHEREAS, on January 27, 2015, the City Commission adopted Resolution No. 2015- 28907, which, in pertinent part, directed the City Administration to meet with Clark to better understand Clark's ability to deliver the Project within the City's budget and ascertain whether the City and the public could be assured that Clark's pricing is competitive, notwithstanding Clark's position as the sole remaining bidder for the Project; and WHEREAS, on February 5, 2015, the City Administration met with over 20 members of Clark's team, and it became clear that the Project, as designed, could not be delivered within the City's budget unless the City hastily approved a number of"value engineering" or re-design proposals; and WHEREAS, in order to permit the City to meet the existing Project timeline, calling for completion of the Project by 2018 while accommodating Art Basel and other events at the Convention Center during construction, the City Manager has recommended cancelling the RFP and moving forward with a new Request for Proposals or Request for Qualifications for a Construction Manager-At-Risk firm to deliver the Project; and WHEREAS, proceeding with the Project on an expedited basis is critical to the City, as a renovated Convention Center is essential to attracting convention business to the City and vital to supporting the City's tourism economy; and WHEREAS, if the City were to issue a new Request for Qualifications for additional design services, the City would experience substantial delays to the Project, as design packages would not be completed in time to commence construction as targeted, following conclusion of the December, 2015 Art Basel events, thereby delaying the Project by at least one (1) additional year; and WHEREAS, if the City were to issue a new Request for Qualifications for additional design services, the Project would experience additional costs in connection with design services redundancies associated with a new firm familiarizing itself with the Project and Fentress's detailed Design Criteria Package; a high likelihood of additional construction escalation and financing costs; and a loss of revenue to the City resulting from delay in the imposition of the additional 1% Resort Tax approved by the voters in a City-wide referendum on August 14, 2012 pursuant to the Section 5.03 of the City Charter, and certified by Resolution No. 2012-28004; • WHEREAS, if the City were to issue a new Request for Qualifications for additional design services, the City would seek qualifications and experience nearly identical to those previously set forth in RFQ 2014-142-ME for the Design Criteria Professional for the Project, for which Fentress was the top-ranked proposer; and WHEREAS, based on the foregoing impacts to the Project associated with delay in completion of design and the City's urgent need for a renovated Convention Center to support the City's tourism economy, the City Manager has certified a valid public emergency and has recommended the waiver of the public announcement and qualification procedures of the CCNA pursuant to Fla. Stat. 287.055(3)(a)(1). NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the City Manager to execute Amendment Number 5 to the Professional Services Agreement with Fentress Architects in the lump sum amount of $14,469,500, for additional design and construction administration services for the Project; accept the City Manager's certification of a valid public emergency and waive the public announcement and qualification procedures of the CCNA pursuant to Fla. Stat. 287.055(3)(a)(1). PASSED AND ADOPTED this lI day of rebri4a9 015. ATTEST: �. .... , /I Ra el Grana••'o, City lerk :INGORP , �;p L , e, • 1 e 9 APPROVED AS TO FORM&LANGUAGE &F E LANGUAGE 18t Li - 1 cU i5 City A otney Dot COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The City Manager To Execute Amendment Number 5 To The Professional Services Agreement With Fentress Architects("Fentress")In The Lump Sum Amount Of$14,469,500, For Additional Design And Construction Administration Services For The Miami Beach Convention Center Renovation And Expansion Project (The Project), Including The Completion Of Construction Documents For The Project; Accepting The City Manager's Certification Of A Valid Public Emergency And Waiving The Public Announcement And Qualification Procedures Of The Consultants' Competitive Negotiation Act("CCNA") Pursuant To Fla. Stat. 287.055(3)(A)(1). Key Intended Outcome Supported: Improve alliance with key business sectors, namely hospitality, arts & international business with a focus on enhanced culture, entertainment&tourism. Supporting Data(Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: By separate Memorandum in this Commission Meeting Agenda, the City Manager has recommended cancelling the Design-Build Request for Proposals (RFP) process and moving forward with a new Request for Qualifications(RFQ)for a Construction Manager-At-Risk firm. The Construction Manager at Risk(CMR) process will require hiring an Architect of Record to complete the design documents. If the City were to issue an RFQ for a new firm to complete the design, the following would result: 1) Substantial delays to the Project, as design packages would not be completed in time to commence construction following conclusion of the December 2015 Art Basel events, thereby delaying the Project by at least one additional year; 2)Additional costs in connection with design services redundancies associated with a new firm familiarizing itself with the Project and Fentress's detailed Design Criteria Package; 3) High likelihood of additional construction escalation and financing costs; 4) Loss of revenue to the City resulting from delay in the imposition of the additional 1% Resort Tax approved by the voters in a City-wide referendum on August 14, 2012 pursuant to the Section 5.03 of the City Charter, and certified by Resolution No. 2012-28004. Fentress is proposing an additional fee in the amount of $14,496,500 to modify its scope of services from that of a Design Criteria Professional to that of the Architect of Record, whereby they will be responsible for 100% of the construction documents as well as construction administration services. The total amended design fee (including design fee contingency) would equate to 6.3% of the $420 million budgeted trade costs. By way of comparison, we had estimated that under the design-build process, the design fees for the design-builder would approximate $17.4 million. As such, this approach will reduce these costs by approximately$3 million. Based on the foregoing impacts to the Project associated with delay in completion of design and the City's urgent need for a renovated Convention Center to support the City's tourism economy, I hereby certify a valid public emergency and, recommend the waiver of the public announcement and qualification P 9 Y P q procedures of the CCNA pursuant to Fla. Stat. 287.055(3)(a)(1). ADOPT THE RESOLUTION. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 $3,337,000 Miami Beach Redevelopment Agency Non-Trust Fund Special Revenue Account No. 165-2616-061357 2 $11,132,500 To be awarded subject to funding availability P I Total $14,469,500 Financial Impact Summary: City Clerk's Office Legislative Tracking: Maria Hernandez, Extension 7284 Sign-Offs: Depl ent Directo Assistant c ; �_ger City M.` a der AD Ph1 H M r��'(� JL !� T:\AGEN IA\2015\February\MBCC\Design-Build RFP cancell. - MMARY.docx MIAMI BEACHR7G- DATE AGENDA ITE� 2-!l -I 1915•2015 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members .f the City C mmission FROM: Jimmy L. Morales, City Manager DATE: February 11, 2015 SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, A-PROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH FENTRESS ARCHITECTS ("FENTRESS") IN THE LUMP SUM AMOUNT OF $14,469,500, FOR ADDITIONAL DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT (THE PROJECT); ACCEPTING THE CITY MANAGER'S CERTIFICATION OF A VALID PUBLIC EMERGENCY AND WAIVING THE PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES OF THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT ("CCNA") PURSUANT TO FLA. STAT. 287.055(3)(A)(1). • ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Improve alliance with key business sectors, namely hospitality, arts & international business with a focus on enhanced culture, entertainment & tourism. BACKGROUND By separate Memorandum in this Commission Meeting Agenda, the City Manager has recommended cancelling the Design-Build Request for Proposals (RFP) process and moving forward with a new Request for Qualifications (RFQ)for a Construction Manager-At-Risk firm. In the event the City Commission adopts that recommendation, then it will be appropriate to take up this agenda item regarding design services. ANALYSIS The Construction Manager at Risk (CMAR) process will require hiring an Architect of Record to complete the design documents. If the City were to issue a Request for Qualifications for a new firm to complete the design, the following would result: 1. Substantial delays to the Project, as design packages would not be completed in time to commence construction as targeted, following conclusion of the December, 2015 Art Basel events, thereby delaying the Project by at least one (1) additional year. 6 1. Amendments 14, 18, 20, 23, 26, 29 and 34 totaling $465,598, funded from Clark’s contract via deductive change orders. 2. Amendments 22 & 31 totaling $31,691 funded from AIPP fund. ProjectContingency Added  Scope Total Original Agreement10,967,200$ 1,096,720$ 12,063,920$  Amendment ‐ Reso 2015‐28925  (5, 6 & 8) Amendment 52,442,400$    2,442,400$    Amendment 6(3,129,259)$  (3,129,259)$  Amendment 815,156,359$ 15,156,359$  Contingency reduction(96,720)$     (96,720)$        Total 25,436,700$ 1,000,000$ 26,436,700$  Amendment 2 ‐ Civil41,079$        Amendment 3 ‐ Ballrm change179,982$      Amendment 4 ‐ Stormwater / website76,605$        Amendment 7 ‐ Wind study / roof survey117,200$      Amendment 9 ‐ Commissioning302,876$      Amendment 10 ‐ Parapet Analysis15,000$        Amendment 11 ‐ Event Plans36,875$        Amendment 12 ‐ Stormwater Revisions34,073$        Amendment 13 ‐ Smoke Control Removal173,790$      Amendment 14 ‐ Site Visits & Alternative Design‐$              148,999$     Amendment 15 ‐ Streets Regrading 22,520$       88,818$        Amendment 16 ‐ Culvert and Conv Ctr Dr redesign70,270$        Amendment 17 ‐ GMP Reconciliation ‐add'l49,360$        Amendment 18 ‐ Additional Site Visits 112,649$     Amendment 19 ‐ East Bridge Retention220,291$     Amendment 20 ‐ Steel submittals and Truss loading analysis96,710$        Amendment 21 ‐ Cameras, vaults, RFIs, kitchen, transition slab80,330$        Amendment 22 ‐ AIPP (Morris, Ackermann & Harvey)17,121$        Amendment 23 ‐ NCRs *10,000$        Amendment 24 ‐ Sanitary Sewer Lateral  ‐ Carl Fisher Clubhouse18,625$        Amendment 25 ‐ Signage Package Revisions12,030$        Amendment 26 ‐ Structural submittals & NCRs15,580$        Amendment 27 ‐ Exhibit hall / Ballroom Vertical Circulation124,240$     Amendment 28 ‐ 19th Street Pump Station Relocation 2,585$          Amendment 29 ‐ RFI 3251 & Structural Submittals30,875$        Amendment 30 ‐ P‐Lot Park Revision349,076$     Amendment 31 ‐ AIPP (Joseph Kosuth)14,570$        Amendment 32 ‐ Exhibit Hall / Ballroom Vertical Circulation rev11,430$        Amendment 33 ‐ Plot culvert and rendering13,335$        Amendment 34 ‐ Structural Submittals & /NCRs50,785$        Amendment 35 ‐21st St Park Rev & Culvert repair48,628$        Amendment 36 ‐ 19th St and CA Services136,408$     Amendment 37 ‐ 21st Park, Tree Reconc, 19th St 50,320$        Amendment 38 ‐ Plot Park Repackaging and CA services261,445$     Amendment 39 ‐ Rendering, NCR 3363, Add'l CA Services Bldg206,510$     Amendment 40 ‐ Plot Park ‐ FPL Ductbank 5,328$          Amendment 41 ‐ 18th St pavement marking and 21st elec7,125$          Amendment 42 ‐ Extended CA and RFIs review263,250$     Total25,436,700$ 1,000,000$ 2,516,693$ 28,953,393$  Fentress Amendment No. 5 February 11, 2015 Page 3 The total amended design fee (including design fee contingency) would equate to 6.3% of trade costs. Trade Costs $ 420,000,000 Amended Agreement $ 26,436,700 Percentage 6.3% This fee is the lowest among comparable convention center projects. The following is a table of convention center design fees as a percent of construction trade costs: Palm Springs 12.20% Santa Fe 8.63% Orlando Phase 5 8.00% Pasadena 7.30% Vail 7.08% San Diego 7.04% Denver Phase 2 7.00% Denver Phase 1 6.33% Average Percentage 7.95% CITY MANAGER'S RECOMMENDATION Based on the foregoing impacts to the Project associated with delay in completion of design and the City's urgent need for a renovated Convention Center to support the City's tourism economy, I hereby certify a valid public emergency and recommend the waiver of the public announcement and qualification procedures of the CCNA pursuant to Fla. Stat. 287.055(3)(a)(1). CONCLUSION The Administration recommends that the Mayor and City Commission approve and authorize the City Manager to execute Amendment Number 5 to the Professional Services Agreement with Fentress Architects ("Fentress") in the lump sum amount of $14,469,500, for additional design and construction administration services for the Miami Beach Convention Center Renovation and Expansion Project; accepting the City Manager's certification of a valid public emergency and waiving the public announcement and qualification procedures of the Consultants' Competitive Negotiation Act ("CCNA") pursuant to Fla. Stat. 287.055(3)(a)(1). JLM:MT:MH:AD T:\AGENDA\2015\February\MBCC\Fentress Amendment 5-MEMO.docx ,SC� -FENTRF�`SS • fentressarchitects.com February 10,2015 Mayor Philip Levine City of Miami Beach City Hall,Commission Chambers,3`d Floor 1700 Convention Center Drive Miami Beach,FL Re: Miami Beach Convention Center Addendum Dear Mayor Levine and Members of the Commission: We were honored last year to be selected as Design Architect for the Renovation and Addition of the Miami Beach Convention Center. Miami Beach is truly an international city and deserves a beautiful, functional, and state-of-the-art world-class convention center. We commend the City for their commitment to this goal. It has been a pleasure working with the dedicated members of the City Commission and City staff to move this project closer to reality. If selected, we stand ready to complete the project and will be honored to continue our involvement as the Architect of Record. This is a role we have performed on numerous similar-sized projects. We have the ability, the capacity, and an understanding of the project that will enable us to successfully see the project through to completion with the contractor that wins the Construction Manager at Risk bid on behalf of the City. Again, we are ready to mobilize our staff to start work on this project immediately and look forward to completing this extraordinary project with you. Sincerely, Fentress Architects ‘4Z td7Z(// Curtis Fentress,FAIA,RIBA President and Principal in Charge c: City Manager Jimmy L.Morales DEN DC LA SJ SF LON SH 1 421 Broadway 1 Denver CO 80203 1 303.722.5000