Amendment No. 8 to the Agreement with Fentress Architects in the amount of $15,156,359 020///-c28 C-sy
AMENDMENT NO. 8
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 $15,156,359.00
This Amendment No. 8 to the Agreement made and entered this 2Q 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
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WHEREAS, on , 2015, Amendment No. 6 was executed 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; and
WHEREAS, on , 2015, Amendment No. 7 was executed for certain Additional
Services relating to wind loading and micro-climate services, in the amount of$117,200;
WHEREAS, this Amendment No. 8 retains Fentress Architects to serve as Architect of
Record for the Project, clarifies requirements with regard to Design Development, and provides
for completion of Construction Documents and all construction administration services required
of the Architect-Engineer for the Project, in the total amount of$15,156,359.00; and
WHEREAS, Exhibit 1 attached hereto includes a table with a summary of all contract
adjustments made to date, the sum aggregate of which equal the total amounts authorized by
the City Commission for this Agreement.
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. 8.
2. MODIFICATIONS.
a. The Agreement is amended as provided in Appendix "A-8", attached herein.
b. All defined terms set forth herein shall have the meaning ascribed to them in this
Amendment, or if not specified herein, shall have the meaning ascribed to them in
the Construction Manager-At-Risk Agreement for the Project released in Addendum
3 to the Request for Proposals 2015-129-ME. The Construction Manager's
responsibilities will be outlined in the Construction Manager-At-Risk Agreement, as
same may be modified prior to execution thereof.
c. This Agreement and all amendments thereto shall be construed in a harmonious
manner, whenever possible. In the event of any conflict between the terms of this
Amendment and any other term of the Agreement, the terms of this Amendment
shall control.
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3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged and in fin-force and
effect.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended by this
Amendment No. 8.
N WITNESS WHEREOF, the parties hereto have caused this Amendment No. 8 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY OF MIAMI - : Y: r'
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Appendix "A-8"
Scope of Services
The City shall pay the Architect-Engineer a stipulated lump sum as compensation for the
following services ("Basic Services"):
I. GENERAL REQUIREMENTS
1. Architect-Engineer shall serve as the Architect of Record for the Project. Architect-
Engineer shall provide all services in a reasonably prompt manner and in accordance with the
reasonable professional standards normally exercised in the design of comparable projects,
which shall be the same degree of skill ordinarily provided by licensed Architect-Engineer
practicing in the same or similar locality under the same or similar circumstances as the Project
("Standard of Care"). As part of the Basic Services, Architect-Engineer shall be responsible for
providing comprehensive architectural and engineering services for the Project, including,
architectural, civil, structural, fire protection, mechanical, heating, cooling, ventilation, electrical,
plumbing, accessibility (i.e. Americans with Disabilities Act requirements) and other building
systems, landscape design, acoustical design, signage; food service design, vertical
transportation design, life safety, audio/visual communications, security systems and construction
administration services for the Project, including but not limited to project management; planning,
engineering and design services; project schedule development and analysis, lead the civil
engineering permitting process and assist Construction Manager with project building permitting
and other permits as required by local, state and federal agencies; ADA compliance evaluations;
attend public/community meetings and/or charrettes; energy studies; project cost estimates,
including opinions of probable construction cost; value engineering; bid and construction
document development; construction specification development; code analysis and respond to
jurisdictional reviews; construction contract administration services, including construction phase
field support, construction observation and Project progress documentation; review of work
prepared by sub-consultants and other consultants; computer-aided and manually generated
graphics support; preparation of narratives and other textual project support,; and other related
architectural and engineering services as needed to obtain permits for and complete the Project,
except for those Additional Services described in Article V herein.
2. The City recognizes that the Project is a renovation and additional to an existing
building and that the Architect-Engineer cannot be held responsible or liable to the City or
Construction Manager for additional construction costs resulting from concealed, latent or
unknown site conditions that could not have been identified upon reasonable investigation,
provided however, that the Architect-Engineer shall assist the Construction Manager by making
recommendations with regard to investigatory testing or other work that Construction Manager
should undertake to minimize disruptions arising from such differing site conditions.
3. The Americans with Disabilities Act (ADA) requires the removal of architectural
barriers in existing facilities where such removal is readily achievable. The City acknowledges
that the definition of "readily achievable" contained in the ADA is flexible and subject to
interpretation on a case-by-case basis. The requirements of the ADA are subject to various and
possibly contradictory interpretations. Architect-Engineer will use reasonable professional efforts
and judgment to interpret applicable ADA requirements and to advise the City as to the
modifications to the City's facility that may be required to comply with the ADA. Such
interpretation and judgment will be based on what is known about ADA interpretations at the time
this service is rendered. Because the ADA is a complaint driven, federal civil rights legislation
and ADA requirements may be subject to various and possibly contradictory interpretations by
individuals not involved with design or building code enforcement, the Architect-Engineer does
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not warrant or guarantee that the Project will comply with all potential interpretations of ADA
requirements by any authority.
4. The City will phase work required to complete the Project so that the Project is
designed and constructed in the most logical, efficient, and cost effective manner. The Architect-
Engineer shall be directed to proceed with each phase of the Project through the use of Work
Order Proposals and Work Orders.
5. The Architect-Engineer shall visit the Project Site at intervals appropriate to the
stage of construction to become generally familiar with the progress and quality of the Work, and
to determine if the Work is proceeding in accordance with the Contract Documents. The
Architect-Engineer, Project Coordinator, Owner's Representative and Construction Manager and
any other authorized representatives of the City shall meet regularly as the progress of the
Project requires, but in no case less than every two weeks, to review and agree upon the Work
performed to date and to establish the controlling items of Work for the next two weeks.
6. The Architect-Engineer agrees to provide all services required by this Agreement
in accordance with applicable codes, laws, rules, regulations and requirements of applicable
governmental authorities having jurisdiction over the Project, including, without limitation, the
Florida Building Code and City of Miami Beach, Florida Code of Ordinances.
7. Architect-Engineer shall be responsible for the professional quality, technical
accuracy and coordination of design, drawings, specifications, and other services furnished by
the Architect-Engineer under this Agreement. Architect-Engineer shall, without additional
compensation, correct or revise any errors, omissions, and/or deficiencies in its designs,
drawings, specification or other services. Architect-Engineer shall be responsible for its errors,
omissions, and/or deficiencies in its designs, drawings, specification or other Services but only to
the extent that those errors, omissions, and/or deficiencies in its designs, drawings, specifications
or other services are the result from the Architect-Engineer's negligence.
8. The Architect-Engineer shall be responsible for all of its work and that of its sub-
consultants. In order to avoid errors and omissions in the Construction Documents, Architect-
Engineer shall, in accordance with the professional standard of care, coordinate work with that of
the sub-consultants. The final responsibility for such coordination rests with the Architect-
Engineer. In no event shall Architect-Engineer be relieved of any responsibility under the terms
of this Agreement by virtue of the performance or non-performance of required services by any of
the Architect-Engineer's sub-consultants.
9. Section 2.15 of the Agreement is hereby deleted in its entirety. The City and
Architect-Engineer acknowledge that the Basic Services outlined herein do not delineate every
detail and minor work task required to be performed by Architect-Engineer to complete the
Project.
10. The City shall designate an Owner's Representative that shall be authorized to act
in the City's behalf with respect to the Project. Upon reasonable written notice to the Architect-
Engineer, the City may change its Owner's Representative. The Architect-Engineer shall submit
any documents requiring the City's decision to the City or Owner's Representative reasonably in
advance of the date by which the decision is required, together with any related, supporting
information, and will, in consultation with the Construction Manager, inform the City of any
decision that must be expedited and the date by which the decision is required. The City or the
Owner's Representative shall furnish the required information, services, approvals and decisions
promptly, in order to avoid disrupting the orderly progress of the Architect-Engineer's Services
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and the Work of the Contractors, consistent with the Construction Schedule and the Services
Schedule.
II. DESIGN DEVELOPMENT, CONSTRUCTION DOCUMENTS, AND
PRECONSTRUCTION PHASE SERVICES
1. Design Development Documents. The requirements set forth in Addendum 5 to
this Agreement, with respect to the Design Development documentation, are hereby
supplemented and clarified as follows:
a. Architect-Engineer shall finalize and submit to City 100% Design
Development Documents for the Project, by May 21, 2015 or a mutually agreed-upon alternate
date.
b. The Architect-Engineer shall re-evaluate the Design Development
Documents and the Project budget requirements each in terms of the other. The Architect-
Engineer shall identify, review and incorporate into the Design Development Documents the
requirements of applicable governmental authorities having jurisdiction over the Project, zoning
codes, building and fire codes, and other statutes, rules, regulations, ordinances or laws
applicable or in force during the preparation of the Contract Documents with which the Project
will be required to comply. The Architect-Engineer shall assist the Construction Manager in
identifying the governmental reviews, permits and approvals required as conditions of
commencing construction and occupancy of the Project, including identification of required
governmental reviews, permits and approvals, to the extent ascertainable by due inquiry.
c. During the Design Development Phase, Architect-Engineer shall define all
major components of the Project in preparation for Construction Documents and final sign-off,
and shall continue its coordination with its Sub-Consultants in order to resolve visual and
performance level issues on the Project as preparation for the production of final Construction
Documents. Basic Services during the Design Development Phase will include the following
activities:
2. The Architect-Engineer will refine the development and planning for construction,
including:
i. Further definition of the size and character of the major architectural, civil,
structural, mechanical and electrical systems;
ii. Review/comment on the updated estimate of probable construction costs; and
iii. Confirmation of bid scope and related information.
3. The Architect-Engineer shall develop and expand on the basic mechanical,
electrical, plumbing equipment and fire protection systems explored during Schematic Design in
conjunction with the approved conceptual design, and to prepare all MEP space requirements,
specifications, and capacity of equipment.
4. The Architect-Engineer shall assist the Construction Manager in identifying
potential agency/permit review requirements, the timing required for such reviews and the
submittal requirements. The Architect-Engineer shall summarize this information in a report and
integrate the information into the updated Services Schedule.
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5. The Architect-Engineer shall prepare the Design Development Documents to
conform to the organizational, format to be used for the completed Construction Documents (as
defined below) and, to include, at a minimum:
i. Detailed building plans, sections and elevations;
ii. Refined structural systems;
iii. Detailed large-scale plans, sections and elevations of key areas;
iv. Selection of materials and system components;
v. Wall sections designating materials and construction technologies;
vi. Sizing of mechanical and electrical systems including core and
distribution systems;
vii. Interior layouts and elevations of all public spaces;
viii. Refined systems narratives and preliminary specifications;
ix. LEED goals tracking;
x. Refined program verification matrix;
xi. Additional plan and section details, descriptions, Drawings,
Specifications and documents sufficient to evaluate the functionality of
programmed, ancillary and incidental building spaces and site features;
xii. Additional details, descriptions, Drawings, Specifications and
documents sufficient to evaluate the quality, constructability, operation
and cost of major building systems, including architectural, structural,
mechanical and electrical systems, materials, and essential elements
as may be necessary to define the scale, configuration and scope of
the Project; and
xiii. Assemble relevant documents into a package as requested by City for
approval of design, budget and Services Schedule.
a. At intervals appropriate to the progress of the Design Development Phase,
the Architect-Engineer shall provide Design Development Documents for the Owner's
Representative's and Construction Manager's review, which will be made so as to cause no delay
to the Architect-Engineer. The Architect-Engineer shall supply additional information the Owner's
Representative or the Construction Manager may reasonably require. Neither the City nor the
Architect-Engineer shall be responsible for delay caused by the Owner's Representative or the
Construction Manager.
b. Upon completion of the Design Development Documents, the Architect-
Engineer shall provide the Construction Manager with Drawings, Specifications and other
documents approved by the City for use the Construction Manager's estimate of Construction
Cost, and shall assist the Construction Manager in preparing the estimate of Construction Cost. If
this estimate differs from the City's Construction Budget, the Architect-Engineer shall cooperate
with the Construction Manager in identifying the cause(s) for the difference and recommend in
writing for the City's approval any modification in the Design Development Documents necessary
to conform the Construction Cost to the City's Construction Budget, and, upon obtaining the City's
approval, modify the Design Development Documents accordingly. Upon completion of the
Design Development Phase, the Architect-Engineer shall review and, subject to any adjustment
proposed by the Architect-Engineer and approved by the City, concur in writing with a
corresponding estimate of Construction Cost prepared by the Construction Manager.
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6. Schedule. Architect-Engineer shall prepare a "Services Schedule" showing the
proposed completion dates of each milestone for the Project through design. The Architect-
Engineer shall coordinate the Services Schedule with the comprehensive schedules that the
Construction Manager-At-Risk Agreement requires the Construction Manager to prepare and
periodically revise.
7. Construction Documents. Upon approval by City of the Design Development
Documents, the Architect-Engineer shall prepare the Construction Documents for the Project.
During this phase, the Architect-Engineer shall create a set of Construction Documents to be bid,
with a focus of this phase on preparing drawings showing in detail the work to be performed by
contractors, and specialty equipment manufacturers including plans, drawings, details and CSI
Format specifications. Architect-Engineer shall prepare for written approval by City, Construction
Documents setting forth design drawings and specifications needed to comprise a fully biddable,
permitable, constructible Project. Architect-Engineer shall produce Guaranteed Maximum Price
(GMP) set, estimated at approximately 65%, and Construction Bid Packages for review and
approval by City, which shall include the following:
a. Construction Documents shall be based on the approved Design
Development Documents, and any further adjustments in the scope or quality of the Project or in
the City's Construction Budget authorized by the City, shall consist of drawings and specifications
setting forth in detail the requirements for the construction of the Project, including final structural
calculations, and prepared in compliance with applicable code requirements and other applicable
requirements of agencies having jurisdiction, the American Disabilities Act and other applicable
federal, state and local requirements. The Architect-Engineer shall prepare the Construction
Documents so as to provide appropriate information to obtain firm bids.
b. The Architect-Engineer shall inform the City and Construction Manager in
writing of any changes in requirements or in construction materials, systems or equipment as the
Construction Documents are developed so that the Construction Manager can adjust the estimate
of Construction Cost appropriately. Throughout the Construction Documents phase, the Architect-
Engineer shall hold internal interdisciplinary engineering coordination meetings. In addition, the
Architect-Engineer shall hold City review sessions monthly to update City on status of
Construction Documents.
c. Architect-Engineer shall complete GMP Construction Documents no later
than August 21, 2015, and shall achieve 100% completion of Construction Documents no later
than February 28, 2016.
d. At GMP and Construction Bid Packages issued during the Construction
Document Phase, the Architect-Engineer shall provide Construction Documents for the Owner's
Representative's and Construction Manager's review and pricing, which will be made so as to
cause no delay to the Architect-Engineer. A Drawing Cover Sheet listing an index of all number
of drawings by each discipline. Drawings not included in the GMP, Construction Bid Packages
and final review shall be noted.
e. Before the bidding period, the Architect-Engineer shall participate as the
City may require in any reviews by the City, other local departments and other agencies having
jurisdiction over the project.
f. The Architect-Engineer shall assist the City and the Construction Manager
in preparing the necessary bidding information, bidding forms, and shall support the Construction
Manager's program to create suitable bidding requirements.
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g. The Architect-Engineer shall prepare the following bid packages, as a
Basic Service, utilizing a "fast track" method involving the incremental development of the
Contract Documents and before Contract Documents have been finalized for the entire Project:
i. Demolition, foundations, and structure;
ii. Building enclosure;
iii. MEP;
iv. Interiors;
v. Roadwork and landscaping, excluding P-lot park;
vi. P-lot park and pavilion.
h. Architect-Engineer shall prepare certain "early procurement" or "fast track"
bid packages that may be necessary to permit the commencement of construction Work on or
about December 12, 2015. Such bid packages shall be determined in consultation with the
Project Team and shall be subject to the Project Coordinator's advance written approval, and
may include solicitation of bid packages for foundations, demolition, utilities, steel or other Work.
i. The Architect-Engineer shall assist the City, the Owner's Representative
and the Construction Manager in connection with the City's responsibility for filing documents
required for the approvals of governmental authorities having jurisdiction over the Project. The
Architect-Engineer shall identify those authorities and prepare the Construction Documents to
meet governmental requirements applicable to the Project as provided in the Code Analysis.
j. Before completion of the Construction Documents, the City may, at its
option, require the Construction Manager to perform a preconstruction review of the Construction
Documents and report to the City and Architect-Engineer in writing any errors, inconsistencies, or
omissions discovered in the Construction Documents for correction by the Architect-Engineer,
and the Architect-Engineer, as a Basic Service, shall promptly correct any problem so reported.
Neither the Construction Manager's review, nor any other review by the Construction Manager,
the City, or others, or the City's decision not to request the Construction Manager's review,
excuses or diminishes the Architect-Engineer's responsibility for the accuracy and completeness
of the Construction Documents.
k. Based on the Construction Documents at each stage of completion, the
Architect-Engineer shall review the updated Statement of Probable Construction Cost in CSI
format.
Architect-Engineer may also be authorized to include in the Construction
Documents approved additive and/or deductive alternate bid items, to permit City to award a
construction contract within the City's Construction Budget. If the Project Construction Cost is
under the City's Construction Cost, any City directive to prepare additive or deductive alternate
bid items will be treated as Additional Services.
m. A Project Specifications index and Project Manual with at least GMP, and
Construction Bid Packages of the Specifications completed. Documents submittal shall also
include applicable sections of Divisions "0" and "1".
n. The Architect-Engineer shall review and consider comparative life-cycle
studies of ownership, operating, and maintenance costs for each design alternative presented by
Construction Manager, considering costs relating to efficiency, usable life, maintenance, energy
and operation. Architect-Engineer retains its responsibility and liability for any agreed-upon
changes made as a result of the Construction Manager's Value Engineering and Constructability
reviews. The Architect-Engineer shall coordinate with the Construction Manager and the City by
participating and taking a leadership role in reviewing and commenting on Constructability and
Value Engineering studies performed by Construction Manager, and attending meetings where
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the content of Design Development Documents and Construction Documents will be coordinated
and reconciled, scheduled during any phase of the Work.
o. Architect-Engineer shall include City-requested alternates-to-established
Project scope or that are not constructed due to the Project Construction Cost exceeding the
City's Construction Budget as defined in Article 5. No fee will be paid by City in connection with
alternates required by the failure of Consultant to design the Project within the City's Construction
Budget.
p. Approvals by City shall be for progress only and does not relieve Architect-
Engineer of its responsibilities and liabilities relative to code compliance and to other covenants
contained in this Agreement. Architect-Engineer shall resolve all questions indicated on the
documents and make all changes to the documents necessary in response to the review
commentary.
q. Architect-Engineer shall submit one (1) full size set of the Construction
Documents, and one digital copy in .pdf format.
r. The City may require the Architect-Engineer to revise and modify
Construction Documents and assist in the re-bidding of the Work at no additional cost or fee to
the City if all responsive and responsible bids received exceed the City's Construction Budget
plus a 5% bidding contingency.
s. The Architect-Engineer shall keep the Construction Manager and the City
informed of significant proposed changes in requirements or in construction materials, systems or
equipment as the Construction Documents are developed. Proposed changes must be approved
in writing by the City prior to incorporation into the design or Construction Documents.
Construction Manager shall provide information as to the availability of materials and what
equipment and systems have long lead times, together with the anticipated lead times.
8. Statement of Probable Construction Cost. Architect-Engineer shall prepare
and update the Statement of Probable Construction Cost for the Project, prepared in Construction
Standard Index (CSI) format, to include a summary of the estimated Project cost and an
evaluation of funding allocation for the Project. Such summary shall be in sufficient detail to
identify the costs of each element and include a breakdown of the fees, general conditions and
construction contingency. Such evaluation shall comprise a brief description of the basis for
estimated costs per each element and similar project unit costs.
a. Architect-Engineer shall attend meetings with the City to review and
discuss cost estimates, cost-saving alternatives, and implementation or revision of Construction
Documents to address such items, as necessary to meet established budget parameters.
• b. Architect-Engineer shall review and evaluate the City's Construction
Budget (at Design Development and Construction Document Phase as set forth in Section 11.5),
Statement of Probable Construction Cost, and any other cost estimates prepared (or otherwise
provided) by Architect-Engineer for the Project, represent Architect-Engineer's best judgment as
an experienced design professional familiar with the construction industry; provided, however,
that Architect-Engineer cannot (and does not) guarantee that bids or negotiated prices will not
vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise
provided) by Architect-Engineer.
c. Architect-Engineer shall make design recommendations in order to bring
the estimated costs within allocated funds, as necessary. In the event that the statement of
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Probable Construction Costs exceeds the City's Construction Budget, Architect-Engineer shall
update its documentation, at no additional cost to the City.
9. City's Construction Budget. Architect-Engineer shall design the Project so that
the construction trade cost budgets (excluding markups for Construction Manager's overhead and
profit, general conditions, bonds and insurance, design contingency, and bidding contingency as
specified herein) are not exceeded.
a. During the Design Development phase, Architect-Engineer must design the
Project to a maximum trade cost budget of$376,423,000, consisting of a maximum not-to-exceed
of $335,000,000 for the Convention Center components, and $41,423,000 for the parking
components of the Project. As part of the Basic Services, Architect-Engineer must design and/or
re-design to this budget, making all revisions necessary to maintain this budget, as evidenced by
the Construction Manager's and City's reconciled cost estimates during this phase.
b. During the Construction Document phase, Architect-Engineer must design
the Project to a maximum budget of $395,244,000, consisting of a maximum-not-to-exceed
$351,750,000 for the Convention Center components, a maximum not-to-exceed $43,494,000 for
the parking components of the Project, such amounts include a total Construction Document
contingency of $18,821,000, with a maximum of $16,750,000 for the Convention Center and
$2,071,000 for the parking components of the Project, provided, however, that at the GMP
Proposal stage, the $18,800,000 contingency shall be proportionally reduced by the percent
completion of Construction Documents at the time the GMP Proposal is submitted, and Architect-
Engineer must design the Project to such adjusted maximum budget. As part of the Basic
Services, Architect-Engineer must design and/or re-design to this budget, making all revisions
necessary to maintain this budget, as evidenced by the Construction Manager's and City's
reconciled cost estimates during this phase.
c. The City's Construction Budget (at Design Development and Construction
Document Phase as set forth in Section 11.5) means at any time, the then-most current total of
estimated, bid and/or awarded construction contract costs to the City for all elements of the
Project designed or specified by the Architect-Engineer:
i. including, at the greater of the current market rates or rates required for
labor by the prevailing wage provisions in the Construction Manager-At-
Risk Agreement (including in either case a reasonable allowance for
overhead and profit), cost of materials, and any equipment that has
been designed, specified, selected or specially provided for by the
Architect-Engineer; but
ii. excluding the compensation of the Owner's Representative, Architect-
Engineer and the Architect-Engineer's consultants, financing costs or
other costs that are the City's responsibility as provided in the
Construction Manager-At-Risk Agreement.
d. The Architect-Engineer, as a design professional familiar with the
construction industry, shall assist the Construction Manager and the City's cost estimator in
evaluating the City's Construction Budget and shall review the estimates of Construction Cost
prepared by the Construction Manager and City's cost estimator. The parties recognize, however,
that neither the Architect-Engineer nor the City has control over the cost of labor, materials or
equipment, over the contractors' methods of determining bid prices, or over competitive bidding,
market or negotiating conditions. Accordingly, the Architect-Engineer cannot and does not
warrant or represent that actual Construction Cost, bids or negotiated prices will not vary from the
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Project budget proposed, established or approved by the City, if any; or from the estimate of
Construction Cost or other cost estimate or evaluation prepared by the Construction Manager.
10. The City's Construction Budget (at Design Development and Construction
Document Phase as set forth in Section 11.5) cannot be increased or decreased except by written
direction of the City. The furnishing, proposal or review by City of Project budgets or estimates
herein does not constitute an adjustment to the City's Construction Budget and maximum
amounts available therein. To determine that the Construction Cost shall not exceed the City's
Construction Budget, estimated Construction Costs will include reasonable and appropriate
contingency amounts to provide for potential increases in the Construction Cost that might result
from design, bidding or price escalation and the Architect-Engineer shall, as a Basic Service,
include in the contract documents provisions for mutually agreed-upon alternate bids to reduce, if
necessary, the Construction Cost to the City's Construction Budget.
11. If the City's Construction Budget is less than the Construction Manager's GMP
Proposal or the sum of the lowest figures from bona fide bids or negotiated proposals, plus the
Construction Manager's estimate of other elements of Construction Cost, the City shall, at its sole
discretion, (1) give written approval of an increase in the City's Construction Budget, or (2)
authorize rebidding or renegotiation of the Project or portions of the Project within a reasonable
time, or (3) abandon the Project and terminate this agreement, or (4) cooperate in revising the
Project scope and quality as required to reduce the Construction Cost. In the case of item (4), the
Architect-Engineer shall modify the Construction Documents as provided in Section II.5(a) and
II.5(b) above, as necessary to comply with and maintain the City's Construction Budget, as
evidenced by the Construction Manager's and City's reconciled cost estimates.
12. The City may reject any GMP Proposal and direct the Architect-Engineer and the
Construction Manager to investigate, redesign, develop for City consideration Value Engineering
possibilities, and other cost savings and to re-submit a new, lesser, proposed GMP. The City
Commission shall have no obligation to approve an increase in the City's Construction Budget
and, if City cannot award or complete the Project within the City's Construction Budget or
otherwise identify sufficient funding therefor, the City Commission may, at its sole and reasonable
discretion, terminate this Agreement (and the remaining Services) without any further liability to
the City.
13. Architect-Engineer shall finalize and achieve 100% completion of Construction
Documents in accordance with the professional standard of care, to remain consistent with the
design at GMP completion of the Construction Documents, and shall cooperate in revising the
scope as necessary to maintain the City's Construction Budget and the approved GMP
established for the Project as provided in Section II.5(a) and II.5(b) above.
14. Quality Assurance/Quality Control. Architect-Engineer shall establish and
maintain an in-house Quality Assurance / Quality Control (QA/QC) program designed to verify
and ensure the quality, clarity, completeness, and constructability of its contract documents.
Items to be addressed may include, but shall not be limited to, review of specifications by
respective technical experts and a "Redi-check" type review of the documents to identify conflicts
and inconsistencies between the various project disciplines.
15. Permittinq/Dry Run Permitting. Architect-Engineer shall assist the Construction
Manager with the submittal of all required documents for permits, and shall assist in preparing
applications and such documents and design data as may be required to procure approvals from
such governmental authorities that have jurisdiction over the Project. The Architect-Engineer shall
provide construction documents packages as defined in Article 3 to allow the Construction
Manager to submit for approval of building permits at the earliest practicable time during the
performance of the Work, for approval by authorities having jurisdiction over the Project by law or
9
contract with the City, and shall assist the Construction Manager in obtaining any such applicable
certifications of permit approval by such authorities prior to approval by the Project Coordinator of
the final set and printing of the Construction Documents. The Architect-Engineer shall submit a
preliminary set of drawings for permitting no later than May 15, 2015.
a. Architect-Engineer shall participate in meetings, submissions,
resubmissions and negotiations with authorities having jurisdiction. Architect-Engineer shall
respond to comments by such authorities within ten (10) business days of receipt of comments
unless a different time is agreed to by City. It is the intent of this scope of services that the
Construction Manager be the responsible party for formally transmitting and receiving permits to
and from the respective jurisdictional authorities. Architect-Engineer shall also copy the Owner's
Representative on all permit related correspondence, including Architect-Engineer generated
minutes from meetings held with related parties.
b. The Architect-Engineer shall promptly, at any time during the performance
of the Work hereunder, advise the City of any substantial increases in costs set forth in the
Statement of Probable Construction Cost that in the opinion of the Architect-Engineer is caused
by the requirement(s) of agencies having jurisdiction. Upon completion of dry run permitting,
Architect-Engineer shall provide as part of the seven (7) copies to be submitted, five (5) full size
sealed copies of the Construction Documents. Consultant shall also provide digital versions of
the drawings in .pdf format. The specification additional terms and conditions shall be provided in
both .pdf and .doc formats.
16. LEED Certification. Architect-Engineer shall provide LEED consulting services
throughout all phases of the Project, including but not limited to: (i) defining Project goals within
the context of LEED; (ii) LEED documentation and application; (iii) providing project specifications
that clearly delineate applicable LEED-related responsibilities and procedures upfront and
providing detailed specifications of applicable materials, technologies, and procedures upon
which the achievement of design intent and LEED certification depend; (iv) coordinating with and
assisting the Commissioning Agent in its implementation of the Building Commissioning Plan.
That plan shall result in full compliance with the LEED standard for full documentation of building
commissioning. In particular it will structure and document the full initiation, testing, operational
instruction, and record documentation of all building systems.
III. CONSTRUCTION ADMINISTRATION SERVICES
The Architect-Engineer shall provide administration of the Contract Documents and provide the
following services outlined below:
1. Enforcement of Contract Documents. The Architect-Engineer shall assist the
City with the enforcement of the faithful performance of the Contract Documents. Architect-
Engineer shall review and recommend to the City (by and through the Owner's Representative)
immediate condemnation of Work or materials known by it to be in violation of the Contract
Documents; The Architect-Engineer shall withhold the issuance or withhold approvals or
certificates as directed and approved by City and as required by, and in accordance with, the
Contract Documents; and requiring compliance with Applicable Laws.
2. On-Site Representation. Architect-Engineer shall provide one on-site full-time
representative for the duration of the Construction Phase of the Project (through July 31, 2018).
If the on-site representative is a local architectural firm engaged as a subconsultant to the
Architect-Engineer ("Local NE"), the Architect-Engineer shall be responsible for Services
performed by the Local NE to the same extent as if they had been performed by employees of
the Architect/Engineer. Services performed by the Local AE will be (a) Basic Services to the
same extent that they would be Basic Services had they been directly performed by the Architect,
10
and (b)Additional Services (and subject to all limits on Additional Services under this agreement)
to the same extent that as if directly performed by the Architect/Engineer. The Local A/E shall be
approved by the City in accordance with the Agreement. Architect-Engineer shall cause for sub-
consultants to visit the Project Site, as appropriate for the levels of completion of the Work.
3. Bidding, Trade Bidding and Subcontract Awards. During the next phase (the
"Bidding Phase"), the Architect-Engineer, following the City's approval of the Construction
Documents and the latest estimate of Construction Cost, shall assist the Construction Manager in
obtaining bids or negotiated proposals by rendering interpretations and clarifications of the
Construction Documents in appropriate written form. Architect-Engineer shall assist City in
obtaining bids and awarding the Construction Manager contract, and shall assist the Construction
Manager in obtaining trade bids and in awarding of subcontracts. For each separate subcontract,
Architect-Engineer shall assist the Construction Manager in conducting a pre-bid conference with •
prospective bidders, to familiarize bidders with the Contract Documents, and any special
requirements of the Contract Documents.
a. Architect-Engineer shall assist the Construction Manager in the preparation
of responses to questions if any are required during the bidding period. The Architect-Engineer
shall transmit to Owners Representative all of its responses to questions at subcontractor pre-bid
conferences.
b. Architect-Engineer shall provide Construction Manager with a reproducible
set of contract documents for each bid package.
c. Architect-Engineer shall assist the City and Construction Manager in
evaluation of bids and bidder pricing (including identifying alternative prices and unit prices),
determining the responsiveness of bids and the preparation of subcontract documents.
Construction Manager, with the assistance of the Architect-Engineer and the Owner's
Representative, shall conduct pre award conferences for subcontracts with the recommended
bidders and shall gather documentation for contract execution from such bidders.
4. Observations. As stated in Section 1.3 above, Architect-Engineer, by periodic
observations by its personnel and as applicable by personnel employed by the structural
engineering firms, electrical engineering firms, and mechanical engineering firms employed by
the Architect-Engineer, shall have the right to: (i) enforce the faithful performance of the
Contract Documents; and (ii) determine that the Work has been or is being installed in
accordance with the Contract Documents before allowing it to be covered. However, the
Architect-Engineer shall not be required to make exhaustive or continuous on-site inspections to
check the quality or quantity of the Work. On the basis of the site visits, the Architect-Engineer
shall keep the City reasonably informed about the progress and quality of the portion of the Work
completed, and report to the City (1) known deviations from the Contract Documents and from the
most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies
observed in the Work. With respect to Work which requires inspection or observation prior to
covering under the Contract Documents, the Architect-Engineer shall not certify any such Work
for payment if it has been covered prior to the Architect-Engineer's consent.
a. The Architect-Engineer shall furnish the City with a written report of
observations of the Work made by Architect-Engineer and require subconsultants to do same
during each visit to the Project. The Architect-Engineer shall also note the general status and
progress of the Work on forms furnished by the City. The Architect-Engineer shall submit the
reports in a timely manner. Architect-Engineer shall assist the City in determining that the
Construction Manager is making timely, accurate, and complete notations on the "as-built"
drawings. Copies of the field reports shall be attached to the Architect-Engineer's monthly
payment request for construction administration services. The Architect-Engineer's failure to
11
provide written reports of all site visits or minutes of meeting may result in the rejection of
payment requests and may result in a proportional reduction in Construction Administration fees
paid to the Architect-Engineer.
5. Architect-Engineer's Recommendation to Reject Construction Work. The
Architect-Engineer shall recommend to the City the rejection of Work which does not conform to
the Contract Documents, provided that the Architect-Engineer obtains the prior written consent of
the Project Coordinator. Whenever the Architect-Engineer considers it necessary or advisable for
implementation of the intent of the Contract Documents, the Architect-Engineer, after prior
consultation with and written approval of the City, will have the authority to require special
inspection or testing of the Work in accordance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or completed. However, neither this authority of
the Architect-Engineer nor a decision made in good faith either to exercise or not to exercise such
authority shall give rise to a duty or responsibility of the Architect-Engineer to the Construction
Manager, any Subcontractors of any tier, their agents or employees or other persons performing
portions of the Work.
6. Review and Certification of Pay Applications. Architect-Engineer shall review
pencil copy draft applications for payment with Construction Manager and Owner's
Representative, and shall attend field walk-throughs monthly. The Architect-Engineer, in
cooperation with the Owner's Representative, shall determine the amounts owing to the
Construction Manager, based on their respective observations at the Project Site and on
evaluations of the Construction Manager's Applications for Payment and the Contract
Documents. The Architect-Engineer shall review and comment on the Construction Manager's
Applications for Payment during the progress of the Work and may issue or withhold approval or
certifications of Applications for Payment therefore as directed and approved by the City and as
required by, and in accordance with, the terms and provisions of the Contract Documents.
7. Change Orders, Construction Change Directives, and Minor Changes in the
Work. The Architect-Engineer shall work with the City and the Owner's Representative in an
effort to determine that no changes in the Work, or of any part thereof, be made except as are
specifically authorized by the Contract Documents, or as authorized by written Change Order or
Construction Change Directive. The Architect-Engineer and Owner's Representative shall assist
the City in the review of all Change Orders and Construction Change Directives, and the
Architect-Engineer may authorize minor changes in the Work not involving an adjustment in the
GMP or an extension of the Contract Time and not inconsistent with the intent of the Construction
Documents for the Project.
a. Architect-Engineer shall evaluate all requests for Project cost and/or
Schedule changes from the Construction Manager and will evaluate the merits of the change
request or claim, as well as the impact of the potential change in terms of Project cost and the
Project Schedule. Architect-Engineer shall participate in meetings concerning change requests,
shall provide written opinions and/or recommendations regarding change requests, prepare
change order documentation on City-approved forms, assist in equitable resolutions of change
requests in accordance with the Contract Documents, and archive all relevant documents in e-
Builder.
8. Submittals. Architect-Engineer shall assist Construction Manager in establishing
procedures for expediting the processing and approval of all Submittals including Shop Drawings,
product data, samples and other submittals. The Architect-Engineer shall promptly review and
comment, reject or take action on shop drawings, samples, RFIs and other submissions of the
Construction Manager for conformance with the design concept or intent of the Work and with the
information given in the Contract Documents. Changes or substitutions to the construction
documents shall not be authorized without concurrence of the City's Project Coordinator. The
12
Architect-Engineer shall have a maximum of twenty-one (21) calendar days from receipt of Shop
Drawings, samples, RFI's or other submittals by the Construction Manager, to return the Shop
Drawings or submittals to the Construction Manager with comments: "NO EXCEPTIONS
TAKEN", "REVISE AND RESUBMIT", "SUBMIT ITEM(S) NOTED; "EXCEPTIONS AS NOTED",
"REJECTED", "NOT REVIEWED" as appropriate. Architect-Engineer shall provide the
Construction Manager with a written explanation as to the basis for rejection. Architect-Engineer
shall maintain RFI, CDC and other relevant logs, and shall archive all relevant documents,
transmittals or correspondence into e-Builder. Architect-Engineer shall implement and use the
City's e-BuilderTM system for data warehousing and document management and shall procure all
licenses that may be necessary to cover its staff for the entire length of the Project, through
Project close out. The Architect's review shall be performed with reasonable promptness while
allowing sufficient time in the Architect's professional judgment to permit adequate review.
9. Architect-Engineer's Interpretation of Construction Documents. The
Architect-Engineer may render written interpretations necessary for the proper execution of the
Work and/or relating to interpretations of the requirements of the Construction Documents, on
written request of the Project Coordinator.
10. Binding Effect of Architect-Engineer's Decisions and Interpretations. The
Architect-Engineer's decisions on matters relating to aesthetic effect will be final, if consistent with
the intent expressed in the Contract Documents and if approved in writing by the Project
Coordinator.
11. Architect-Engineer, City and Owner's Representative Not Responsible for
Means or Methods. The Architect-Engineer, City, and Owner's Representative will not have
control over or charge of construction means, methods, techniques, sequences or procedures, or
for the safety precautions and programs in connection with the Work. The Architect-Engineer,
City and Owner's Representative will not have control over or charge of acts or omissions of the
Construction Manager, Subcontractors, or their agents or employees, or of any other persons
performing portions of the Work. Architect-Engineer will not be responsible for Construction
Manager's failure to perform the Work unless such failure results from the Architect-Engineer's
negligent acts or omissions.
12. Communications. Architect-Engineer shall communicate with the Subcontractors
and Suppliers only through the Construction Manager, except as to those communications
otherwise permitted by the Contract Documents. In communications with Construction Manager,
Architect-Engineer shall copy the Owner's Representative, to permit tracking of information and
responses.
13. Beneficial Occupancy, Substantial Completion, Final Completion. Architect-
Engineer shall conduct Substantial Completion and beneficial occupancy inspections as required
for the Project. The Architect-Engineer shall conduct inspections to determine the date or dates
of Substantial Completion and the date or dates of Final Completion for the entire Work, or any
component thereof, and may receive and forward to the City, for the City's review, records,
written warranties and related documents required of the Construction Manager and may issue a
final certificate of payment upon compliance with the requirements of the Contract Documents.
Architect-Engineer shall coordinate with the Owner's Representative and prepare the Substantial
Completion punch list from which the Construction Manager will develop a completion schedule.
14. Operation and Maintenance Manuals. Architect-Engineer shall review
Construction Manager's operation and maintenance schedule manual for building systems and
equipment which shall include, without limitation, the following: (i) all operation and maintenance
manuals provided by the Subcontractors; (ii) a complete listing of all vendors and material
suppliers (firm name, address, telephone number and contact person for each such vendor and
13
material supplier) cross referenced to the Subcontractor responsible for procurement of the
particular item purchased from each such vendor and material supplier; and (iii) a complete
description of all safety precautions to be observed during routine or emergency maintenance.
15. Post-Occupancy Services and Warranty Administration. Ten (10) months
after the Substantial Completion Date, the Architect-Engineer and the City shall, together with the
Construction Manager, attend a final inspection of the Work to ensure that the Work comports
with all warranties and guarantees and satisfies the requirements of the Contract Documents.
16. Public Information Program. To facilitate the implementation of a Public
Information Program, the Architect-Engineer shall provide City and/or Construction Manager with
electronic files of Project documents, for posting on the Project website. Architect-Engineer shall
attend and participate in City-organized meetings with the residents, as required. The purpose of
this meeting shall be to introduce the Construction Manager to the residents, as well as have the
Architect-Engineer present a Power Point overview of anticipated construction sequencing,
conditions to be expected, and other issues that may be of concern to residents.
17. Project Records. The Architect-Engineer shall provide City access to all Project
records at any time. Architect-Engineer shall provide the electronic files for the front-end
documents, technical specifications, and construction drawings in Adobe Acrobat file format.
Architect-Engineer shall retain all Project records for a minimum of five (5) years after completion
of the Project, or for such longer period as may be required by law.
IV. Compensation
a. Basic Services. The City shall pay the Architect-Engineer the total
stipulated sum in the amount of $15,156,359.00 as Basic Compensation through July 31, 2018,
allocated for the various phases of the Basic Services specified herein. The Basic Compensation
shall be payable monthly in accordance with the Schedule of Draws set forth in Exhibit 2 attached
hereto, provided, however, that actual monthly payments may vary based on the progress of the
Work and the City at its sole discretion may adjust the monthly payments to account for the
progress of the Services and in proportion to the percent completion of Architect-Engineer's
obligations hereunder.
b. If Architect-Engineer's services are extended beyond July 31, 2018, the
City shall equitably adjust Architect-Engineer's Basic Compensation based on the value of the
services necessary during the extended period, provided that such fees shall not exceed $60,000
per month for services comparable to the Basic Services.
c. The Architect-Engineer, on or before the 15th date of the month shall
submit to the City for approval: (a) a request for payment ("Request for Payment") in form and
substance satisfactory to the City and Architect-Engineer, stating (i) the total Services to be
rendered and (ii) the Services to be rendered for the particular phase and the sum of all prior
invoices; and (b) any additional information pertaining to the amount due the Architect-Engineer
that the City may reasonably request.
d. The Architect-Engineer shall not be compensated by the City for revisions
or modifications to the Construction Documents or for extended construction administration, or for
other work when such work is due to errors or omissions of the Architect-Engineer.
e. If the Project is suspended for the convenience of the City for more than
three months or terminated without any cause in whole or in part, during any phase, the Architect-
Engineer shall be paid for services duly authorized, performed prior to such suspension or
termination, together with the cost of authorized reimbursable services and expenses then due,
14
and all appropriate, applicable, and documented expenses directly resulting from such
suspension or termination.
f. With respect to all work product prepared for the Project pursuant to this
Agreement, City may re-use the plans and specifications, including Construction Documents, at
the City's sole option, without the necessity of further approvals, compensation, fees or
documents being required and without recourse for such re-use. Architect-Engineer shall be
released from any liability resulting from such re-use or modification as provided for in the
Agreement.
g. Basic Compensation includes the reimbursable expenses as identified
within Article 6 of the Agreement.
h. Services shall be authorized by Notice to Proceed. The City anticipates the
notice to proceed with development of Construction Documents will be issued following
completion of Design Development Documents. Separate notices to proceed will be issued for
the balance of the Services for the Project. Notwithstanding any provision herein to the contrary
Architect-Engineer shall have no entitlement to perform services or receive any compensation
under this Agreement unless authorized by a Notice to Proceed, and the City's obligations under
this Agreement shall be subject to and contingent upon the City's obtaining the full amount of all
financing and the availability of bond proceeds or other funding that the City may require for the
Project.
V. Additional Services.
1. Services categorized below as "Additional Services" may be specified and
authorized by City and are normally considered to be beyond the scope of the Basic Services.
Additional Services shall either be identified in a Work Order or shall be authorized by prior
written approval of the City Manager. Refer to Article 5 of the Prime Agreement. Additional
Services include the following:
a. Appraisals: Investigation and creation of detailed appraisals and valuations
of existing facilities, and surveys or inventories in connection with construction performed by City.
b. Pre-Design Surveys & Testing: Environmental investigations and site
evaluations, provided, however, that surveys of the existing structure required to complete as-
built documentation are not additional services.
c. City-Requested Revisions to Construction Documents: Making revisions to
Construction Documents resulting in or from City-requested changes in Scope of Work involving
new program elements, when such revisions are inconsistent with written approvals or
instructions previously given by City and/or are due to causes beyond the control of Architect-
Engineer.
d. Expert Witness: Except insofar as the Architect-Engineer is required by
legal process or subpoena to appear and give testimony, preparing to serve or serving as an
expert witness in connection with any state or federal court action to which the Architect-Engineer
P Y
is not a party in its own name, that is not instituted by the Architect or in which the performance of
the Architect is not in issue; provided, however that Architect-Engineer's participation at any
meeting of the City or the dispute avoidance panel established by the Contract Documents during
the Construction Phase shall be a Basic Service.
15
e. Models: Preparing professional perspectives, models or renderings in
addition to those provided for in this Agreement except insofar as these are otherwise useful or
necessary to the Architect-Engineer in the provision of Basic Services.
f. Casualty: Providing consultation concerning replacement of any Work on
the Project damaged by fire, casualty or other cause not due to negligence of Architect and
furnishing Services as may be required in connection with the replacement of that Work.
g. Additional exclusions to Basic Services include:
i. Geotechnical Engineering;
ii. Site surveys;
iii. Laser scanning of original building;
iv. Finish presentation Model;
v. Permit fees;
vi. Utility improvements beyond the boundaries of the service area and
immediate surrounding streets of the Project;
vii. Special inspections;
viii. Material testing and inspection;
ix. Substantial structural alterations of existing building as such term is
defined by the Florida Building Code;
x. New scope of work involving new program elements (excluding value
engineering);
xi. Threshold inspection. With regard to such services, the Architect-
Engineer shall report on the progress the Work, including any defects
and deficiencies that may be observed in the Work;
xii. Record Set. The Architect-Engineer shall furnish to the City the original
documents, including drawings, revised to "as-built" conditions based
on information furnished by the Construction Manager; survey, and
specific condition. In preparing the "Record Set" documents the
Architect-Engineer shall rely on the accuracy of the information
provided by the Construction Manager, including the Construction
Manager's record drawings. Any certification required under this
Agreement including the contents of"as-built" documents is conditioned
upon the accuracy of the information and documents provided by the
Construction Manager. Transfer of changes made by Change Order,
Request for Information, substitution approvals, or other clarifications
will be the Architect-Engineer's responsibility to incorporate into the
"Record Set" and record documents. Changes made in the field to suit
field conditions, or otherwise made by the Construction Manager for its
convenience, shall be marked by the Construction Manager on the
"Field Record Set" and transferred to the original contract documents
by the Architect-Engineer. The original documents, as well as the
"Record Set" shall become the property of the City. A reproducible set
of all other final documents will be furnished to the City free of charge
by the Architect-Engineer. The Architect-Engineer shall furnish to the
City one complete set of "Record Set Drawings", in Revit and .pdf
format;
xiii. Re-design resulting from new or unknown site conditions arising after
the date of this Amendment 8, except for and excluding conditions
determined by all prior studies, surveys, geotechnical and/or
environmental reports and the amended geotechnical report to be
completed on or around May 30, 2015.
16
h. Compensation for Additional Services. Any Additional Services shall be
provided at the same hourly rates established in the Agreement and reimbursables shall be in
accordance with Article 6 of the Agreement. Payment for Additional Services may be requested
monthly in proportion to the services performed. The Architect-Engineer, on or before the 15th
date of the month shall submit to the City for approval: (a) a request for payment ("Request for
Payment") in form and substance satisfactory to the City and Architect-Engineer, stating (i) the
total Additional Services to be rendered and (ii) the Additional Services to be rendered for the
particular phase and the sum of all prior invoices; and (b) any additional information pertaining to
the amount due the Architect-Engineer that the City may reasonably request.
When Additional Services are authorized on an Hourly Rate basis, the
Architect-Engineer shall submit a duly certified invoice to the Project Coordinator, giving names,
classification, salary rate per hour, hours worked and total charge for all personnel directly
engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services
cost may be added. The Architect-Engineer shall attach to the invoice all supporting data for
payments made to or costs incurred by the Sub-Architect-Engineers engaged on the project or
task.
j. In addition to the invoice, the Architect-Engineer shall, for Hourly Rate
authorizations, submit a progress report giving the percentage of completion of the Project
development and the total estimated fee to completion.
2. Except as specified herein, services that are required for completion of the
Construction Documents shall be part of Architect-Engineer's Basic Services.
17
Exhibit 1
Amendment Summary
These values need to be adjusted based on additional scope.
Project Contingency Total
Contract $10,967,200 $1,096,720 $12,063,920
Amendment 1 -Scope change 0 0 0
Amendment 2 -Civil 41,079 -41,079 0
Amendment 3 -BR change 179,982 -179,982 0
Amendment 4-Stormwater/Web 76,605 -76,605 0
Amendment 5 -DD 2,442,400 0 2,442,400
Amendment 6—Wind/roof $117,200 -117,200 0
Amendment 7-Deductive -3,129,259, 0 -3,129,259
Amendment 8 -CD/CA 15,253,079 -96,720 15,156,359
$ 25,851,566 $585,134 $ 26,436,700
18
7
Exhibit 2
Schedule of Draws
Construction Construction
Documentation Administration Total
6/15 $1,250,000 $0 $1,250,000
7/15 1,280,000 0 1,280,000
8/15 1,500,000 0 1,500,000
9/15 1,600,000 30,000 1,630,000
10/15 1,500,000 30,000 1,530,000
11/15 1,150,000 60,000 1,210,000
12/15 750,000 60,000 810,000
1/16 750,000 60,000 810,000
2/16 250,199 120,000 370,199
3/16 0 270,000 270,000
4/16 0 350,000 350,000
5/16 0 400,000 400,000
6/16 0 400,000 400,000
7/16 0 400,000 400,000
8/16 0 400,000 400,000
9/16 0 350,000 350,000
10/16 0 250,000 250,000
11/16 0 200,000 200,000
12/16 0 180,000 180,000
1/17 0 180,000 180,000
2/17 0 140,000 140,000
3/17 0 120,000 120,000
4/17 0 120,000 120,000
5/17 0 100,000 100,000
6/17 0 80,000 80,000
7/17 0 60,000 60,000
8/17 0 60,000 60,000
9/17 0 60,000 60,000
10/17 0 60,000 60,000
11/17 0 60,000 60,000
12/17 0 60,000 60,000
1/18 0 60,000 60,000
2/18 0 60,000 60,000
3/18 0 60,000 60,000
4/18 0 60,000 60,000
5/18 0 60,000 60,000
6/18 0 60,000 60,000
7/18 0 106,160 106,160
Total $10,030,199 $5,126,160 $15,156,359
19