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Amendment No. 5 to the agreement with joint venture of Zaha Hadid Ltd, Architects and Berenblum Busch Architecture, Inc. a° Attachment A AMENDMENT NO. 5 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (NE) 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, 2012, FOR THE PROVISION OF ADDITIONAL PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE COLLINS PARK GARAGE PROJECT IN THE AMOUNT OF $294,349 This Amendment No. 5 to the Agreement made and entered this ,30 day of VftQr'ck- „ 2015, 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 2200 NW 2nd Avenue, Suite 203, Miami, Florida, 33127 (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,Amendment No.1 to the Agreement, for the provision of additional surveying services and extended representation during July City Commission meetings, was executed on September 30, 2013, in the amount of$8,935; and WHEREAS, Amendment No. 2 to the Agreement,. for the provision of a Phase II Environmental Site Assessment, for the investigation of recognized environmental conditions (RECs) identified on the Phase I Environmental Site Assessment report, was executed on December 9, 2013, in the amount of$12,114; and WHEREAS, Amendment No. 3 to the Agreement,for the provision of design studies and a rough order of magnitude cost estimate related to raising the proposed ground floor elevation between two(2)and four(4)feet(Base Flood Elevation plus 2 or 3 feet),was executed on May 28, 2014, in the amount of$24,969; and Page 1 of 4 Collins Park Garage-Amendment No. 5 WHEREAS,on June 11,2014, pursuant to Resolution No.2014-28615,the Mayor and City Commission approved Amendment No. 4 to the Agreement, in the amount of $249,448, for construction documents revisions associated with raising the proposed finish floor elevation to Base Flood plus three(3) feet;for the design, permitting and construction administration services of certain right-of-way improvements required by Miami-Dade County Public Works Traffic Division; and for the design, permitting and construction administration for the replacement of a sanitary sewer line(and associated structures if required)along Liberty Avenue, requested by the City's Public Works Department; and WHEREAS, the following Amendment No. 5 to the Agreement is for the additional professional services required to redesign the ground floor of the building to Base Flood Elevation with provisions to have all critical systems elevated up to 20 feet or as high as reasonably possible, and building slabs designed to accommodate a future increase in ground floor elevation, in keeping with the City of Miami Beach flood mitigation efforts as it relates to sea level rise, in the Lump Sum amount of$250,870; and for the provision of a contamination assessment plan(CAP), site assessment (SA) and site assessment report (SAR) for the project site in accordance with environmental requirements by Miami-Dade County Regulatory and Economic Resources(RER) and the Florida Department of Environmental Protection(FDEP)to address the site contamination identified on the Phase II Site Assessment Report, in the negotiated fixed amount of$43,479;for a total cost of$294,349 with previously appropriated funding; and WHEREAS, the new total amount of the Agreement is $3,541,638; 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. 5. 2. MODIFICATIONS The Agreement is amended as defined in Schedule "A-5", 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. 5. Page 2 of 4 Collins Park Garage-Amendment No. 5 41 • IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be exec. ed in their names by their duly authorized officials as of the date first set forth above. ATTEST i a..-- . _ �1 CITY OF MIAMI BE J, " ■Ild _'. ∎. I IO , Ra :el Granado �I / -` •-- Phillip Levine City Clerk Mayor 1* INCORP 'ORATED: ATTEST: '�4C�i ",c, PRIME ARCHITECT (P.A.)/ZAHA HADID =` �''_ LIMITED T/A ZAHA HA RCHITECTS ‘ ).'1`0-C -V./v\--61"\k, lAdi Signature/Secretary: Signature/ Preside t p‘/A -n e2 = ,./I N1 ctk-c r acys Print Name Print Name ATTEST: EXECUTIVE ARCHITECT (E.A.)/ BERE : :USCH ARCHITECTURE, INC. _cF2:0, Q__Signature /Secretary: Sign. e/ Pre-dent •CLIoc1I- vJC(A ► L-1,11,3°+tiJ/1 . Print Name Print Name APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION L- 3 IL City Attorney Dote Page 3 of 4 Collins Park Garage-Amendment No.5 (2°1 5-- 42 53 SCHEDULE "A-5" SCOPE OF SERVICES Schedule "A" entitled, "Scope of Services", is amended as follows: Add the following under Task 6—ADDITIONAL SERVICES Task 6.6.1 — Re-Design and Revise Construction Documents to Place the Ground Floor Elevation at Base Flood Elevation +0 Feet and Provide Design to Allow for Future Rise of Ground Floor Elevation, as Required: Re-design and revise the construction documents to place the ground floor elevation at Base Flood Elevation with provisions to have all critical systems elevated up to 20 feet or as high as reasonably possible and building slabs designed to accommodate a future increase in ground floor elevation, in keeping with the City of Miami Beach flood mitigation efforts as it relates to future sea level rise. Task 6.6.2 — Contamination Assessment Plan (CAP), Site Assessment (SA) and Site Assessment Report(SAR) as Part of Site Cleaning Remediation Efforts: Preparation of a Contamination Assessment Report (CAP) to be presented to DERM and DER. Following approval of CAP, Smart-Science, a Sub-Consultant to Berenblum Busch Architecture,will implement CAP tasks by installing monitoring wells and drilling borings to obtain samples for further laboratory analysis (SA) and complete a Site Assessment Report (SAR) summarizing the implemented tasks, which will be presented to DERM and DER for consideration. Following this review DERM and DER may close the case or require additional remediation tasks, including removal and disposal plan for the contaminated soil and water. PAYMENT AND COMPENSATION The total fee proposed for this Scope of Work is $294,349 (refer to Exhibit A-5 attached herein). COMPENSATION Zaha Hadid Berenblum Busch Total Limited Architecture Original Agreement Amount $1,276,000 $1,675,823 $2,951,823 Amendment No. 1 N/A $ 8,935 $ 8,935 Amendment No. 2 N/A $ 12,114 $ 12,114 Amendment No. 3 $ 17,509 $ 7,460 $ 24,969 Amendment No. 4 $ 109,981 $ 139,467 $ 249,448 Amendment No. 5 $ 144,714.25 $ 149,634.75 $ 294,349 Revised Agreement Amount $ 1,548,204.25 $ 1,993,433.75 $ 3,541,638 Page 4 of 4 Collins Park Garage—Amendment No.5