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Amendment No. 40 to the Agreement with Fentress Architects in the Amount of $5,328 aoiy- Ses 32 AMENDMENT NO.40 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$5328 Amendment No. 40 to the Agreement made and entered this�Oday of �e , 2019, 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 (part of Resolution No. 2015-28925);and WHEREAS,on May 28,2015,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(part of Resolution No. 2015-28925); and WHEREAS, on May 28, 2015, Amendment No. 7 was executed for Additional Services relating to wind loading and micro-climate services, in the amount of$117,200; WHEREAS, on May 28, 2015, Amendment No. 8 was executed to retain Fentress Architects to serve as Architect of Record for the Project, to clarify requirements with regard to Design Development, and to provide 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(part of Resolution No. 2015-28925); and 1 WHEREAS, on August 14, 2015, Amendment No. 9 was executed for the provision of Commissioning Services, in the total amount of$302,876; and WHEREAS, on October 27, 2015, Amendment No. 10 was executed for a parapet design analysis and consultation services to reduce the applicable wind pressures on the curtain wall for potential construction cost reductions, in the amount of$15,000; and WHEREAS, on December 4, 2015, Amendment No. 11 was executed for the preparation of event plans background drawings to be used by event planners during construction, in the amount of$36,875; and WHEREAS, on March 29, 2016, Amendment No. 12 was executed for stormwater design revisions related to Public Works Department's pump stations design, in the amount of$34,073; and WHEREAS, on May 31, 2016, Amendment No. 13 was executed for design changes associated with the removal of the smoke control system, in the amount of$173,790; and WHEREAS, on June 10, 2016,Amendment No. 14 was executed for additional site visits by members of the design team for a weekly presence through July 28,2016,and for the implementation of alternative designs requested by the Construction Manager, in the amount of$148,999; and WHEREAS, on July 18, 2016,Amendment No. 15 was executed for design changes associated with raising 18th Street, 19th Street and Convention Center Drive, requested by Public Works to allow the raising of Meridian Avenue and 17th Street in the future, in the amount of$1.11,338; and WHEREAS, on August 26, 2016 Amendment No. 16 was executed for the addition of a 72"storm culvert to serve as a temporary bypass until the new culvert on 17th Street is completed by Public Works; and for the redesign of Convention Center Drive between 17th and 18th Streets due to the postponement of the Convention Center Hotel Project, in the amount of$70,270; and WHEREAS, on September 7, 2016, Amendment No. 17 was executed for GMP cost reconciliation services beyond what was originally contemplated in the basic construction administration services, in the amount of$49,360; and • WHEREAS, on September 7, 2016, Amendment No. 18 was executed for additional site visits by members of the design team for a weekly presence through approximately September 30, 2016, and for the implementation of alternative designs requested by the Construction Manager, in the amount of$112,649;and WHEREAS, on October 24, 2016, Amendment No. 19 was executed for design changes associated with retaining the east half of the existing exhibit hall bridge to provide more flexibility in egress travel distances of show layouts, in the amount of 220,291; and . WHEREAS, on November 16, 2016, Amendment No.'20 was executed for additional reviews of steel submittals and for revisions of levels two and five truss loading for temporary conditions for Art Basel 2016; this Amendment is to be funded from a deductive change order to the Agreement with Clark Construction, in the amount of$96,710;and WHEREAS, on December 20, 2016, Amendment No. 21 was executed for additional design services associated with the incorporation of additional security cameras, revisions to vaults requested by FPL, additional structural engineering resulting from unforeseen site conditions (RFIs), construction details for the temporary transition slab required for Art Basel 2016, and renovation of the east kitchen not included in the original scope of work, in the amount of$80,330; and WHEREAS, on December 20, 2016, Amendment No. 22 was executed for revisions to the construction documents as needed for artwork installations by Sarah Moris, Franz Ackermann and Ellen Harvey,selected as part of the Art in Public Places Program, in the amount of$17,121; and WHEREAS, on December 20, 2016, Amendment No. 23 was executed for additional structural engineering services due to non-conformances by Clark Construction, in the amount of$10,000;and 2 , t WHEREAS, on January 18, 2017, Amendment No. 24 was executed for additional design, permitting and construction administration services related to a new sanitary sewer lateral for the Carl Fisher Clubhouse, in the amount of$18,625; and WHEREAS, on May 5, 2017, Amendment No. 25 was executed for revisions to the signage package, in the amount of$12,030; and WHEREAS, on May 5,2017,Amendment No.26 was executed for additional reviews of structural submittals and for design revisions associated with non-conforming field conditions, funded from a deductive change order to the Agreement with Clark Construction, in the amount of$15,580; and WHEREAS, on May 5, 2017, Amendment No. 27 was executed for design services to incorporate a new vertical circulation connection between the north side of the Exhibit Hall D and the Grand Ballroom on Level 2, in the amount of 124,240, as approved by the City Commission on April 26, 2017(Agenda Item R7T); and WHEREAS, on June 30, 2017,Amendment No.28 was executed for design revisions associated with the relocation of the 19th Street pump station, in the amount of$2,585; and • WHEREAS, on August 15, 2017, Amendment No. 29 was executed for design solutions for contractor- requested items related to closing non-conforming conditions related to RFI 3251, and for additional reviews of structural submittals,funded from a deductive change order to the Agreement with Clark Construction, in the amount of$30,875 ; and WHEREAS, on August 18, 2017, Amendment No. 30 was executed for additional services associated with revisions to the P-Lot Park design, as approved by the City Commission on July 26, 2017, in the amount of 349,076; and WHEREAS, on September 18, 2017, Amendment No. 31 was executed for revisions to the construction documents as needed for artwork installations by Joseph Kosuth,selected as part of the Art in Public Places Program, in the amount of$14,570; and WHEREAS, on September 18, 2017, Amendment No. 32 was executed for revisions to the construction documents approved in Amendment No. 27, to accommodate the construction that progressed during the delayed issuance of the package due to extended negotiations with Art Basel, in the amount of$11,430; and WHEREAS, on September 19, 2017, Amendment No. 33 was executed for drainage revisions associated with keeping the existing culvert that crosses the P-Lot in lieu of removal, as requested by Public Works, due to the postponement of the 17th Street drainage improvements, in the amount of$11,985, and for revisions to the southwest corner rendering in the amount of$1,350; and • WHEREAS, on December 15, 2015, Amendment No. 34 was executed for additional reviews of structural submittals, and for design solutions for contractor-requested items related to closing non-conforming conditions, in the amount of$50,785, to be funded from a deductive change order to the Agreement with Clark Construction; and WHEREAS,on December 15,2017,Amendment No. 35 was executed for design revisions to the 21St Street Park as a result of the pump station installation and changes required for AIPP installations in the amount of$43,788, - and for design solutions for the repair to the existing culvert which collapsed during installation of the new culvert, in the amount of$4,840; and WHEREAS, August 6, 2018,Amendment No. 36 was executed for 19th Street revisions as a result of pump station relocation, and additional construction administration services through November 30, 2018, in the amount of $136,408; and WHEREAS, on September 21, 2018, Amendment No. 37 was executed for design revisions to 21St Street Park associated with retaining existing mahoganies and de-scoping sitework around Carl Fisher Clubhouse and Pump Station; reconciliation of relocated trees and associated design revisions to 21St Park;and 19th Street revisions as a result of the Holocaust Memorial's request to keep the existing stone cladded knee wall; in the amount of $50,320; and WHEREAS,on September 25,2018,Amendment No.38 was executed for the development of a stand-alone package for the P-Lot Park for a separate permit, structural footing design for events tent structures, and additional 3 services for re-bidding and construction administration of the park, in the amount of$261,445; and WHEREAS, on January 9, 2019. Amendment No. 39 was executed for the analysis, design and documentation to reinforce the existing structure to withstand additional cooling tower loads (NCR 3363 and RFI 3691), an updated site plan rendering, and extended construction administration services for the building, in the amount of$206,510; and WHEREAS, this Amendment No. 40 is for additional design services required to'redesign the routing of the Florida Power and Light(FP&L)ductbank for P-Lot Park. 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.40. 2. MODIFICATIONS. The Agreement is amended as provided in Appendix"A-40", 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.40. IN WITNESS WHEREOF, the parties hereto have ca sed this Amendment No. 40 to be executed in their names by their duly authorized officials as of the date first set.orth above. ATTEST' - CI OF MIAMI :EACH 4411hI Rafael Granado Jim 7 L. ,-!: es Y City Clerk City anage ATT .T: �� 3' LTANT: .,�,, � F�� ARCHITECT' Signature: n_ Aiklyt ;Signature, •j` 1t, , #',. _ .v.. ,`? d- Wi3 Print ame/ itle &, `",� pr""int Name• �T4tl APPROVED AS TO �' FORM &LANGUAGE &FOR EXECUTION V a City Attorney giAtie Date 4 Appendix"A-40" 1. SCOPE OF SERVICES Refer to attached proposal dated February 6, 2019. 2. PAYMENT AND COMPENSATION $5,328 upon completion of services. v 5 Project ;ContingencyAdded ., Total Scope ; . Ori final Agreement $10,967 200 $1,096,720 ; $12,063,920 : Amendment Reso 2015-28925 (5,6&8)_ ._..___._ . _._. ... Amendment 5 ' $ 2,442,400 ..__ $ 2,442,400 Amendment 6 . $ (3,129,259) $;(3,129,2591 _-ti : Amendment8 $15,156,359 ; $15,156,359 Contingency reduction 1 _ $( 96,720) $ (96,720);; . ;Total 25,436,700 $1,000,000 $26,436,700 , Y Amendment 2-Civil $ 41,079 __._._. ... $ 179,982 ........_........ ' Amendment 3-Balirm change 1 , Amendment 4-Stormwater/website 1 . $ 76,605 Amendment 7 wWind study/roof survey $ 117,200 j Amendment9-Commissionin ( ; $ 302,876 s , _ Amendment 10 Parapet Analysis ; $.. 15,000 Amendment 11-Event Plans ;.$ 36,875 ' Amendment 12-Stormwater Revisions i ; $ 34,073 L Amendment 13-Smoke Control Removal $ 173,790 Amendment14-Site Visits'&Alternative Design '`' • $• $• 148;999 F Amendment 15-Streets Regrading = $ 22,520 $ 88,818 Amendment 16-Culvert and Cony CtrDrredesign . t I $_70,270 Amendment 17-GMP Reconciliation-add'l , , $ 49,360 .. Amendment 18-Additional Site;Visits .$ 112,649 { Amendment 19 East Bridge Retention i i i $ 220,291 . Amendrrient20--Steel submittals and Truss loading analysis ;,. ;$ 96,710 Amendment 21-Cameras,vaults, RFIs,kitchen,transition slab f $ 8_0,330 i Amendment 22 AIPP (Morris,Ackermann&Harvey) ] 1 $ 17,121 . Amendment 23 NCRs* 10,000 Amendment 24-Sanitary Sewer Lateral -Carl Fisher Clubhouse 1 $ 18,625 = _ Amendment 25 Signage Package Revisions I i 1 $ 12,030 i I Amendment 26-Structural submittals&,NCRs-•;" ,;$ 15,580 Amendment 27-Exhibit hall/Ballroom Vertical Circulation I $ 124,240 Amendment 28-19th Street Pump Station Relocation i ' $ 2,585 Amendment 29-RFI 3251&Structural Submittals -$, 30,875 Amendment 30-P Lot Park Revision _.. ..._._ _.,.. _. I $ 349,076 Amendment 31 AIPP (Joseph Kosuth) i _.___. ...... .._..... $ 14,570 ; Amendment 32 Exhibit Hall/Ballroom Vertical Circulation rev I $ 11,430 , i Amendment 33-Plot culvert and rendering i s $ 13,335 . . Amiendment„34-Structural Submittals&/NCRs_ . . $:,.:,5,9,51§5.;1,, r_ 35 Amendment -21st St Park Rev&Culvert repair 1 ` $ 48,628 Amendment 36 19th St and CA Services i $ 136,408 Amendment 37 21st Park Tree Reconc,19th St i i $ 50,320 Amendment 38-Plot Park Repackaging and CA services $ 261,445 Amendment 39-Rendering, NCR 3363,Add'I CA Services Bldg L $ 206,510 Amendment 40-Plot Park-FPL Ductbank $ 5,328 , Total t. $25,436,700 i $1,000,000 $2,246,318 $28,683,018 • 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. 6 e: a FENTRESS } ARCHITECTS, . . i l fentressarchltects.corn i January 25,2019. Revised February 6,2019 t Mr.Jimmy Morales,City Manager City Manager's Office City of Miami Beach . } 1700 Convention.Center Drive 4th Floor Miami Beach,FL 33139 Re: Miami Beach Convention Center Renovation Resolution No.2014-28538 I Proposal 71— Convention Center Park FPL Duct Bank Revisions Project 20140021.001 A66 Dear Mr.Morales:' This proposal is to provide additional design services required pursuant to the City's request to provide the listed revisions below to the FPL Duct Bank. SCOPE OF SERVICES 1. DESIGN TASK 1—CONVENTION CENTER PARK FPL DUCT BANK PLAN REVISION , a. The City of Miami Beach and FPL has requested that we revise the route of the FPL Duct Bank that will serve the Convention Center.Park transformers.Previously,the FPL service was shown as being taken from the FPL manhole located near the intersection between 18t1i Street and' Convention Center Drive. Instead,The City and FPL would like this service to come out from the manhole located at 19'E'Street near the Holocaust Memorial parking entrance. b. Based on the above understanding,we will coordinate with the City,FPL and the Design Team to make the necessary revisions to update the route of 600+1-LF of proposed FPL Duct Bank,per the markups provided by FPL on.January 15,2019,shown below. L s I r `" k4e '4''''''''''41 fax i! b • 4 a 9 '+S•i if, } L-; ,�.,� �R � t4 n'. �� 7 � i'� '11, ','. „ , -.i{ t i 1 G s S fr / f�� ,,.� g 1. 3 t It 1 i 4 Y "d t .1 ,hl �, - ' 1w..< ,.,,'',� ,.w j.. .�.. ' ""—0 tet t r,. 7,., ,«, �- s .. °"„..,-„ f ,t a't 41 yyqkqk 1 t ; .� �t „ok""k iF.�...;tRiir[R1R5} ,y`-.r'�"'�4 �f € � rx�y 5 ST, -,.*4 141 141 4,, 3 - E ' € j ' € )tmat 5 - 4-' l .t ); 3I 4 ‘,:'5,''.. i, 4 4..,, • - ,<1 -,s--,.' 2' ,',1 N,,,..r>.,,k„;:,1At - J4!4/i' 14,g1 -- ' ' ''., f a gg 4b .,:�.. .;LLL*} € f;': i i .:ii.4,1 a .:., M / ',, ,- --„,-- ,6 .,,... .d 4Y'. @ k kry. DEN DC LA L.O., Si. 1 421 Broadway 1 Deaver CO 80203 ( 34;3,722,5050 • • Mr.Jimmy Morales,City Manager • City Manager's Office City of Miami Beach Proposal 71— Convention Center Park FPL Duet Bank Revisions January 25,2019 Page 2 • c. We will prepare a package to submit to the City.It is assumed no other sheets,other than the dry utility and pavement restoration plans for the Convention Center Park, will require any revision. We will submit one set of the:revised drawings for review by the Design Team,FPL and City,and address one(1)round of combined comments. SCHEDULE • Design Task 1: 3 weeks after Notice to Proceed • EXCLUSIONS 1. Design services beyond the project completion and project boundaries shown above. FEE Fees for all base services will be a total proposed lump sum amount of Five Thousand,Three Hundred and Twenty- Eight Dollars($5,328.00). Expense costs for printing,telephone,delivery,and travel are included in the lump sum portion of this fee. Billings for these services will be invoiced under the heading#20140021.001,A66. Attached is the breakdown of hours and associated fee for this additional effort.Your assistance in facilitating the request of this additional effort as a modification to our contract is appreciated.Please feel free to contact me with any further questions or comments you may have. If the foregoing correctly states your understanding,please prepare a contract amendment for our execution.We are • very happy to be of service to the City and continue our successful relationship. Sincerely, Fentress Architects • ohn Kudr Ycki,Alfa LE �J►"P BD-{-C Principal enol; Design Fee Summary dated February 6,2019 e: Maria Hernandez,Thais Vieira,City of Miami Beach Jeff Sachs,Jones Lang LaSalle Hotels&Hospitality Group Steven DiBartolo,Karen Deshon,Hill International,Inc. David Burkey,Anne McNeely,Jenni Gee,Fentress Architects •• • • • { P Lot FLP Revision Project: Miami Beach Convention Center Renovation&Expansion 216/19 Firm Discipline Firm Name Fee Number } Architecture Fentress Architects 1 $695 Architecture Arquitectonica 4 Fire/Life Safety/Code Consulting Jensen Hughes 13 1,_ _, `$0 Civil/Utility Engineering(Lump Si Kimley-Horn 6 • $4,633 Landscape West 8 7 x Structural Engineering Wallace 8 Vertical Transportation Lerch Bates 12 h>` •' { Plumb,Mech,Elec,Lighting ME Engineers 14-18 IT,Security,AV,Acoustics DL Adams 20 Food Service Caruso 25 Traffic Corradino 27 Graphics and Signage TKD 28 $0 Parking Consultation Walker Parking 29 ; �$0 Cost Estimate RLB 35 Design Fees(Lump Sum) $5,328 Expenses 0% $0 Total Total $5,328 P Lot FLP Revision Fentress Architects Hotirfi Job Title Hourly Rate Hours Extension Architect Ill $175.00 2 $350.00 John Kudrycki $225.00 1 $225.00 Administrative $120.00 1 $120.00 Totals this activity: Hours 4.0 $695.00 Total,Sub 1 4.0 $695.00 Hours Total 4.0 $695.00 Miami Beach Convention Center Fentress Project No:20140021 P Lot FLP Revision Kimley-Horn &Associates flours Hourly Rate Hours Extension TASK Ta ',Cdnventtonteit~er.T rktr;L uetBan7cRevision ''Re pesgn , Principal $280.00 0.0 $0.00 Senior Professional $200.00 0.5 $100.00 } Professional $120.00 8.0 $960.00 Analyst/Junior Professional $105.00 8.0 $840.00 Senior Technical Support $125.00 0.0 $0.00 Technical Support $105.00 16.0 $1,680.00 Support Staff $82,50 1.0 $82.50 Totals this activity: Hours 33.5 $3,662.50 TASh'li -PAY ntlon;'CenterPark�FlL Duct$ank R evis o1 n,=Pavement ReStorn • Principal $280.00 0.0 $0.00 Senior Professional $200.00 0.5 $100.00 Professional $120.00 2.0 $240.00 Analyst/Junior Professional $105.00 2.0 $210.00 Senior Technical Support $125.00 0.0 $0.00 Technical Support $1.05.00 4.0 $420.00 Support Staff $82.50 0.0 $0.00 Totals this activity: Hours 8.5 $970.00 Hours Total 42.0 $4,632.50 Miami Beach Convention Center Fentress Project No:20140021