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Amendment No. 5 with Fentress Architects for Convention Center Renovation Project 2v�S- 20 27- DUPLICATE ORIGINAL 1 of 3 AMENDMENT NO. 5 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND FENTRESS ARCHITECTS, DATED MAY 14,2014, FOR DESIGN CRITERIA PROFESSIONAL SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION PROJECT, IN THE AMOUNT OF $2,442,400 This Amendment No. 5 to the Agreement made and entered this 3/ day of March, 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 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, on December 8, 2014, Amendment No. 1 was executed for correction to Task 3 — Design Development and Design Criteria Package Services, requiring 30% completion level for low voltage systems in lieu of 90% completion; and -- --WHEREAS, on December 8, 2014, Amendment No. 2 for supplemental civil engineering services was executed in the amount of$41,079; and WHEREAS,on December 8, 2014,Amendment No. 3 for additional services to revise the quantity, sizes and configurations of the main ballroom, junior ballrooms, and meeting rooms, was executed in the amount of$179,982; and WHEREAS, on January 21, 2015, Amendment No. 4 for a regional stormwater pump station location analysis, and for the development of a 3D animation and custom website for the Project was executed in the amount of$76,605; and WHEREAS,the following Amendment No. 5 to the Agreement is for the completion of design development documents and preparation of Bid Package 1, described further in Schedule A-5; and . WHEREAS, the aforestated work as set forth in the following Amendment No. 5 is for the lump sum amount of$2,442,400; and Page 1 of 5 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 and in full force and effect. 4. RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 5. IN WITNESS WHEREOF,the parties hereto have caused this Amendment No. 5 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI B C- Alt _ ` - %' a Ra ael Granado , :INCORPIORATED hilip Le City Clerk , Mayor ' ATTEST.: CONSULTANT: FENTRESS ARCHITECTS id .. ,ii.(...." li&e...41— .....____ Signature: Signature t,! ►__Ali':'-a i i . .;d i ' II Cam;s lv. FeNtress, rvsirkN{ 4-CEO Print Name/iitle Print Name/Title . . APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION Page2of5 C ( t r • City Attorney a 4, DDot... SCHEDULE "A-5" 1. SCOPE OF SERVICES Task A-5.1: 100% Design Development Package: Lump Sum Fee: $688,903 Continuation of Design Development level of documentation through 100% completion, which shall include the following disciplines: Current Proposed completion completion Site Development 65% 100% Foundations 5% 100% Structure 15% 100% Building enclosure materials and configuration 80% 100% Internal structure of exterior walls 35% 100% Floor and ceiling plans 70% 100% Interior finishes (with finish schedule) 90% 100% Finish hardware 90% 100% Millwork 85% 100% Specialty equipment 90% 100% HVAC 10% 100% HVAC supply and return grilles 95% 100% Plumbing system 10% 100% Plumbing fixtures number and type 90% 100% Electrical system 10% 100% Lighting 90% 100% Vertical transportation 95% 100% Low voltage equipment 30% 100% The design shall not exceed the construction trade cost budget of $376,500,000 established as follows: $335,000,000 —convention center budget $ 41,500,000— parking budget Notwithstanding Section 4.5 of the Agreement, if the construction cost estimates show that the projected construction cost exceeds the above referenced budget by any amount,the Consultant shall make necessary revisions to the documents at no cost and expense to the City to meet budget parameters.This provision applies to the Design Development Package pricing and the GMP Package pricing by the City's and Consultants cost estimators. Paragraph 4.5 of the Agreement shall continue to apply for GMP and subsequent pricing by the Construction Manager. Page 3 of 5 Task A-5.2: Partial Construction Documents to May 18, 2015 Lump Sum Fee: $1,278,497 The following disciplines will be continuing into construction documents during this time and are expected to be at the percent completion of construction documents listed below for this package: Current Proposed completion completion Site Development 15% 30% Foundations 0% 40% Structure 0% 40% Building enclosure materials and configuration 20% 50% Internal structure of exterior walls 10% 50% Floor and ceiling plans 25% 60% Interior finishes (with finish schedule) 20% 40% Finish hardware 5% 10% Millwork 20% 40% Specialty equipment 0% 10% HVAC 0% 30% HVAC supply and return grilles 0% 20% Plumbing system 0% 30% Plumbing fixtures number and type 20% 30% Electrical system 0% 30% Lighting 0% 30% Vertical transportation 0% 10% Low voltage equipment 0% 5% Task A-5.3: 100% Construction Documents for Bid Package 1: Lump Sum Fee: $475,000 This bid package will include all preparation work necessary to allow the renovation and expansion of the convention center to begin by mid-December, 2015. At a minimum, it shall include the following scope of work: 1. Demolition of the existing 21st Street Community Center, Bandshell facility and utility connections. 2. Demolition of existing utilities within the footprint of proposed convention center expansion. 3. Construction staging layout and fencing delineating construction site. 4. Construction of permanent and temporary utilities to prepare the area for building construction. 2. TIME OF COMPLETION May 18, 2015 3. PAYMENT AND COMPENSATION The total lump sum fee proposed for this Scope of Work is $2,442,400. Page 4 of 5 Fee Contingency Grand Total Original Agreement $10,967,200 $1,096,720 $12,063,920 Amendment 5 $ 2,442,400 $ - $ 2,442,400 Total $13,409,600 $1,096,720 $14,506,320 Page 5 of 5