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Amendment No. 6 to the Agreement with Fentress Architects in the deductive amount of -$3,129,259 dolq-dg'5738" AMENDMENT NO. 6 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND FENTRESS ARCHITECTS, DATED MAY 14, 2014, FOR DESIGN CRITERIA PROFESSIONAL SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION PROJECT, IN THE DEDUCTIVE AMOUNT OF ($-3,129,259) This Amendment No. 6 to the Agreement made and entered this 24- day of May, 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" or"Architect-Engineer"). 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 was executed for supplemental civil engineering services, in the amount of$41,079; and WHEREAS, on December 8, 2014, Amendment No. 3 was executed for additional services to revise the quantity, sizes and configurations of the main ballroom, junior ballrooms, and meeting rooms, in the amount of$179,982; and WHEREAS, on January 21, 2015, Amendment No. 4 was executed for a regional stormwater pump station location analysis, and for the development of a 3D animation and custom website for the Project, in the amount of$76,605; and WHEREAS, on February 11, 2015, the City Commission authorized Resolution No. 2015- 28925, authorizing an additional lump sum amount of $14,469,500, for the purpose of retaining Fentress to complete all design and construction administration services for the Project; and WHEREAS, on March 31, 2015, Amendment No. 5 was executed for the completion of design development documents and preparation of Bid Package 1, in the amount of $2,442,400; and WHEREAS, this Amendment No. 6 is for a deductive adjustment to the Agreement in the total amount of $3,129,259, to delete the remaining Tasks 4, 5 and 6 of the Scope of Services set forth in Schedule A of the Agreement, as such tasks are no longer applicable and shall be superseded by a subsequent amendment with regard to the construction documentation and administration services required for the Project. 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. 6. 2. MODIFICATIONS a. Tasks 4, 5 and 6 of the Scope of Services set forth in Schedule A of the Agreement are hereby deleted in their entirety as of the date referenced in the introductory clause above, as such tasks shall be superseded by a subsequent amendment with regard to the construction documentation and administration services required for the Project. Task Deductive Adjustment Task 4 Design-Build Proposal Review $ (510,171) Task 5 Construction Documents Oversight $ (1,017,815) Task 6 Construction Oversight $ (1,601,273) $ (3,129,259) b. The Consultant's compensation associated with the foregoing services referenced in Section 2.a above is $3,129,259. Accordingly, the Consultant's compensation is hereby decreased by the amount of$3,129,259. 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. 6. [signature page to follow] IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH ,� / vomimmil4iit / v.. _,/,,, // • Rafae Grans•• -` \";,•��" !''�i'lip Levine City Clerk fj \f••• '''...` ��`yor� / 1 f,fi f. 0 : ,,,--iteluft*- 1 * $ ,// / �,\ IN• CORP OR !,,,/ f' ATTEST : N S ULTANT:� ' ' TRESS AR CHITECTS A /7,e,_ A- -,.:......1 "ri. ...% Signature: Signature :, ,! ii_k , ..or,A�. :�i uu V-!"rfivA, Curcs Ix). 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