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RESOLUTION 85-18072 RESOLUTION NO. 85-18072 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT (AS MODIFIED) BETWEEN THE CITY OF MIAMI BEACH AND BORRELLI, FRANKEL, BLITSTEIN, A JOINT VENTURE, AND THOMPSON VENTULETT STAINBACK & ASSOCIATES, INC. , ARCHITECTS, FOR ARCHITECTURAL, ENGINEER- ING AND RELATED PROFESSIONAL SERVICES RELATIVE TO THE EXPANSION OF THE MIAMI BEACH CONVENTION CENTER. WHEREAS, the City Commission has reviewed the Agreement between the City of Miami Beach and Borrelli , Frankel, Blitstein, a Joint Venture, and Thompson Ventulett Stainback & Associates, Inc. , Architects, for Architectural, Engineering and Related Professional Services relative to the expansion of the Miami Beach Convention Center , which Agreement was modified by the inclusion of an Architectural fee provision in the event the construction costs allocated by the City Commission toward the project exceed Sixty-six ($66 ,000 ,000. 00) Million Dollars; and WHEREAS, the City Manager has recommended execution of the Agreement and the City Attorney has approved it as to form, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and the City Clerk are authorized to execute the Agreement, which was modified as set forth above, between the City of Miami Beach and Borrelli , Frankel, Blitstein, a Joint Venture, and Thompson Ventulett Stainback & Associates, Inc. , Architects, for architectural, engineering, and related professional services relative to the expansion of the Miami Beach Convention Center. PASSED and ADOPTED this 17th day of April, 1985. Ma or Attest: //i) . --k-1 1°, EXHIBIT APPROVED 91-792-Cr-KING LEGALDEPT. cer5 By Date_ -� RESR/jhd OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 1.9 .7 . Preparing to serve or serving as an expert witness for the City in connection with any administrative arbitration, legal proceeding, or hearing. 1.9. 8. Preparing documents for change orders, beyond the contingency allowance, for supplemental work , or to accommodate field conditions initiated at the City' s request after commencement of the construction phase. 1. 9.9. Preparing change orders and supporting data, beyond the Design Development Phase, when the changes and approved plans and specifications are required by the City resulting in an increase and/or decrease in the scope of the contract. If changes are required to be made because of error , neglect, oversight, inadvertence, clarification, discrepancy, omission, lack of skill or other discrepancy in the work of the Architect, City shall not be liable to compensate Architect for additional services in such connection and in that instance, this work will be at the Architects' own cost and expense. 1. 9. 10. Providing contract administration services during the construction phase, should the construction contract time and working days be extended by more than ninety (90) days through no fault of the Architect. 1. 9. 11. Providing such other professional services to the City relative to this project which arise from subsequent circumstances and causes (excluding circumstances and causes resulting from neglect, mistake, inadvertence or omission of the Architect) which do not currently exist or which are not contemplated by the parties at the time of executing this agreement. Services provided for by this subsection must be approved by a City Commission Resolution and an appropriate amendment to this Agreement before such services are rendered. 1. 9 . 12. Preparing to serve or serving as an expert witness for the City and furnishing professional, architectural, engineering, planning and related services in connection with any COMMISSION MEET!NG 27- APR I7 1985 CITY OF MIAMI BEACH ORIGINAL RESOLUTION NO. 85 -18072 (Authorizing the Mayor and the City Clerk to execute an agreement (as mof if ied) be- tween the City of 'Miami Beach and Borrelli, Frankel, Blitstein, a joint venture, and Thompson Ventulett Stainback & Associates, Inc. , architects, for architectural, engineering and related professional serv- ices relative to the expansion of the Miami Beach Convention Center)