Amendment No. 45 to the Agreement with Fentress Architects in the amount of $44,325 ,2o/q- 02Y53g
AMENDMENT NO. 45
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$44,325 �Q
This Amendment No. 45 to.the Agreement made and entered this B day of Pvn7 20'V9, 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 regional stormwater pump station
location analysis, and for the development of a 3D animation and custom website for the Project in theamount 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$111,338; 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 17h 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 •
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
2
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. 2:7 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, asapproved 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 ... . . ..
itemsrelated 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, oh 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 Ally 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 19!h 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
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
3
3691), an updated site plan rendering, and extended construction administration services for the building, in the
amount of$206,510; and
WHEREAS,on February 28,2019,Amendment No.40 was executed for additional design services required
to redesign the routing of the Florida Power and Light(FP&L)ductbank for P-Lot Park, in the amount of$5,328;and
WHEREAS, on February 28, 2019, Amendment No. 41 was executed for additional design services related
to revised pavement striping at 18th Street as requested by Transportation Department, and electrical revisions at
21St Street Park, in the amount of$7,125; and
WHEREAS,on March 29,2019,Amendment No.42 was executed for extended Construction Administration
Services through August 31, 2019, in the amount of$263,250; and
WHEREAS, on May 22, 2019, Amendment No. 43 was executed for the incorporation of Requests for
Information(RFI's) into the contract documents, required for permit revision, in the amount of$45,180; and
WHEREAS, on September 10, 2019, Amendment No. 44 was executed for extended Construction
Administration Services through January 31, 2020; and
WHEREAS, this Amendment No. 45 is for letters from Structural Engineer required for Special Events
Permits,additional services for Life Safety Consultant related to fire alarm changes,evaluation of electrical equipment
in room 1.29.35 due to water leak, and additional services for Structural Engineer for review of conduit installation in
the fifth floor topping slab, design of handrail extensions for existing ladder in chiller room, and additional submittal
reviews.
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.45.
2. MODIFICATIONS.
The Agreement is amended as provided in Appendix"A-45", 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.45.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.45 to be executed in their
names by their duly authorized officials as of the date first set. orth above
ATTE • CI ; OF MIA' I BEACH
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Rafa I Granado �PMs c'�,, Ji ' y L. MI rales
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City Clerk - S ' Cit anag-r
ATT : iINCORP ORATED) " CO 'SULTANT: APPROVED AS TO
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Print Name/Title Print Name/Title
Appendix"A-45
1. SCOPE OF SERVICES
A. Structural Engineer letters for Special Events Permits through Antique Show loading in on December 30,
2019. Refer to Proposal dated October 11, 2019 attached.
B. Additional Services for Life Safety Consultant due to fire alarm related changes.
Refer to proposal dated November 14, 2019 attached.
C. Electrical Engineer's evaluation of electrical equipment due to water leak in room 1.29.35.
Refer to'proposal dated November 21, 2019 attached.
D. Additional Services for Structural Engineer to review the conduit installation in the 5th floor parking deck
topping slab, design handrail extensions for existing ladder in chiller room, and extra submittal reviews.
Refer to proposal dated December 13, 2019 attached.
2. PAYMENT AND COMPENSATION
A. Structural Engineer letters: $ 1,700 Lump sum
B. Life Safety Consultant additional services: $12,500 Lump sum for work already performed
$ 9,500 Hourly, on an as needed basis
C. Electrical equipment evaluation: $ 4,400 Lump sum
$ 2,000 Reimbursable travel expenses
D. Structural Engineer additional services: $13,225 Lump sum
$ 1,000 Reimbursable travel expenses
TOTAL: $44,325
5
Added
Project Contingency Total
Scope
Original Agreement $10,967,200 $1,096,720 $12,063,920
Amendment-Reso 2015-28925 (5,6&8)
Amendment5 $ 2,442,400 $ 2,442,400
Amendment 6 $(3,129,259) $(3,129,259)
Amendment 8 $15,156,3591 $15,156,359
Contingency reduction $ (96,720) $ (96,720)
Total $25,436,700. $1,000,000 $26,436,700
Amendment 2-Civil $ 41,079
Amendment 3-Ballrm change $ 179,982
Amendment 4-Stormwater/website $ 76,605
Amendment?-Wind study/roof survey $ 117,200
Amendment 9-Commissioning $ 302,876
Amendment 10-Parapet Analysis $ 15,000
Amendment.11-Event Plans $ 36,875
Amendment 12.-Stormwater Revisions $ 34,073
Amendment 13-Smoke Control Removal $ 173,790
Amendment 14-Site Visits&Alternative Design $ $ 148,999
Amendment 15-Streets Regrading $ 22,520 $ 88,818
Amendment 16-Culvert and Cony Ctr Dr.redesign $ 70,270
Amendment 17-GMP Reconciliation-add'I $ 49,360
Amendment 18-Additional Site Visits $ 112,649
•
Amendment 19-East Bridge Retention $ 220,291
Amendment 20-Steel submittals and Truss loading analysis $ 96,710
Amendment 21-Cameras,vaults,RFIs,kitchen,transition slab $ 80,330
Amendment 22-AIPP(Morris,Ackermann&Harvey) $ 17,121
Amendment 23-NCRs* $ 10,000
Amendment 24-Sanitary Sewer Lateral -Carl Fisher Clubhouse $ 18,625
Amendment 25-Signage Package Revisions $ 12,030
Amendment 26-Structural submittals&NCRs $ 15,580
Amendment 27-Exhibit hall/Ballroom Vertical Circulation $ 124,240
Amendment 28-19th,Street Pump Station Relocation $ 2,585
Amendment 29-RFI 3251&Structural Submittals $ 30,875
Amendment 30-P-Lot Park Revision $ 349,076
Amendment 31-AIPP(Joseph kosuth) $ 14,570
Amendment 32-Exhibit Hall/Ballroom Vertical Circulation rev $ 11,430
Amendment 33-Plot culvert and rendering $ 13,335
Amendment 34-Structural Submittals&/NCRs $ 50,785
Amendment 35-21st St Park Rev&Culvert repair $ 48,628
Amendment 36-19th St and CA Services $ 136,408
Amendment 37-21st Park,Tree Recons,19th St $ 50,320
Amendment 38-Plot Park Repackaging and CA services $ 261,445
Amendment 39-Rendering,NCR 3363,Add'I CA Services Bldg $ 206,510
Amendment 40-Plot Park-FPL Ductbank $ 5,328
Amendment 41'-18th St pavement marking and 21st elec $ 7,125
Amendment 42-Extended CA and RFIs review $ 263,250
Amendment 43-Incorporation of RFIs into Contract Documents $ 45,180
Amendment 44-Extended CA $ 120,450
Amendment 45-Event letters,LS Consultant,Struct Eng,Electrical equipment eval. $ 44,325
Total $25,436,700 $1,000,000 $2,726,648 $29,163,348
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.
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6
FENTRESS I
ARCHITECTS
f entressa rc hitec ts.co m
July 8,2019
July 9, 2019 Revised
October 1.1,2019 Revised
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. 2.014-28538
Proposal 74_Structural Special Events Letters
Project 20140021.001 A69
Dear Mr. Morales:
This proposal is for provide additional design services to provide structural special event letters as
requested by the City of Miami Beach.This service is currently outside of the Fentress team's current
scope of work. Below is our understanding Of the scope of services required:
SCOPE OF SERVICES
It is our understanding that the Structural Special Events.Letters will include the following:
• Review of project documents from the on-site special inspectors: DDA Engineers, Universal
Engineering Services, and Miami Curtain Wall Consultants;
• Conference calls, email review, and discussions related to special events;
• Provide Special Event Letters as listed below:
o Special Event Letter&Project Review—10/11/19—.Burger King
o Special Event Letter&Project Review—10/15/19—FIBO USA
o Special Event Letter&Project Review—10/19/19—Tim Hortons
o Special Event Letter&Project Review—10/21/19—Popeyes
o Special Event Letter&Project Review—10/27/19—Auto Show
o Special Event Letter&Project Review—11/2/19—Democratic Committee
o Special Event Letter&Project Review—11/17/19—Art Basel
o Special Event Letter& Project Review=12/16/19-America's Got Talent
o Special Event Letter&'Project Review—12/18/19—CMB
o Special Event Letter&Project Review-12/29/19—Antique Show
SCHEDULE
Letters will be completed within one week of being requested.
DEN DC LA SF HOU I 421 Broadway I Denver CO 80203 I 303 . 722 5000
11 Event Letters through the end of 2019
Wallace.Engineering
Hours
Job Title Hourly Rate Hours Extension
Structural Engineering
Principal $170.00 10.0 $1,700.00
Associate $150.00 0.0 $0.00
Registered Engineer II $135.00 0.0 $0.00
Registered Engineer I $120.00 0.0 $0.00
CAD Technician III $105.00 $0.00
Totals this activity: Hours 10.0 $1,700.00
Total,Sub 1 10.0 $1,700.00
Hours Total .10.0 $1,700.00
Event Letters
Miami Beach Convention Center
Fentress Project No:20140021
Page 1 of 1 October 10,2019
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FENTRESS
AAChtrEC•S
l I
fentressarchitects corn
November 14,2019
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
Proposal 76-Life Safety Revisions
Project 20140021.001 A71
Dear Mr:Morales:
This proposal is to provide life safety design revisions and extended contract administration design
services pursuant to the City's request for our life safety consultant,as described in the attached
proposal.
Fees for these services as identified in the proposal will be billed on a lump sum amount of Twelve
Thousand Five Hundred Dollars($12,500)and on a time and materials basis for future design services
performed on an as needed basis,to a top set amount.of Nine Thousand Five Hundred Dollars
($9,500.00). Expense costs are not expected. Billings for these services will be invoiced under the
heading#20140021.001, A71.
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
John Kudrycki,Al LEE BD+C
Principal
encl: Jensen Hughes Proposal dated November 6,2019 •
c: Maria Hernandez,Thais Vieira, City of Miami Beach
Steven DiBartolo, Karen Deshon, Hill International, Inc.
David Burkey,Anne McNeely, Jenni Gee, Fentress Architects
D,EN DC LA SF HOU I 421 Broadway I Denver CO 80203 I 303 .722 5000
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Via email: Kudrycki@fentressarchitects.com J E N S E N HUGHES
Aclv:anc:ng the Sc:enc=-, Saret�
November 6,2019
John Kudrycki AIA,LEED AP.BD+C
Fentress Architects
421 Broadway St.
Denver,CO 80203
RE; Proposal for Fire Protection Engineering Services
Life Safety Code Consulting
Miami Beach Convention Center Renovation—Miami Beach,FL •
Dear Mr. Kudrycki:
As a follow-up to our previous discussions regarding the above referenced project,enclosed is a proposal for providing
general code consulting and construction administrative services.
The following is a scope of work that has been developed based on the information that has been provided and on previous
experience with projects of this nature which has necessitated the level of effort described:
Life Safety Code Consulting
1. Evaluate:smoke detection coverage for the elevator 4.01 &4.02 hoistways and provide direction to the fire alarm
system installer regardingconcerns raised by the elevator inspector which has been documented as part of RFI 4726.
2. Evaluate notification appliance coverage related to the re-design of the fire alarm system of the fifth:floor roof parking
areas.
3. Review of the use of metal clad(MC)cabling (RFI 4700)for the additional fire alarm system devices(door hold-open
devices)being included.
4: Review the fire alarm system shop drawing Revision N dated 10/01/2019 to address previous RFI responses and fire
department comments(8th revision.)
5. Coordination of additional initiation devices(pull stations, RFI 4634) and notification appliances (parking helix areas,
RFI 4644)to address fire department comments.
6. Provide support services as required for development of review comment clarifications and participation of meetings
with the plan reviewers to address life safety and building code related comments anticipated until issuance of
certificate of occupancy for the building.
Document Deliverables
1. Provide one(1)shop drawing hardcopy approval as required by the city for the outstanding shop drawing submittal.
2. Provide documentation as required for meeting discussions with the authority having jurisdiction.
Exclusions
1. The intent of the code consulting effort described is to assist with demonstrating compliance with the prescriptive
provisions of the applicable codes.Should the design develop such that this prescriptive based approach cannot be
jensenhughes:com
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Proposal for Fire.Protection Engineering Services-Miami Beach Convention Center Renovation,Miami Beach FL
Compensation
The cost of services related to the submittal reviews and RFI responses is proposed as a fixed fee for the amount of$12,500
(Twelve Thousand Five Hundred Dollars).The effort associated with support services is proposed on a time and materials
basis for an amount that shall not exceed$9,500(Nine Thousand Five Hundred Dollars)
The following hourly labor rates apply:
Labor Category Hourly Rate
Principal $285
Project Manager/Senior Engineer $265
Project Engineer $185
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Staff Engineer $155
CAD Services $125
Administrative $75
All professional services will be performed in accordance with the standard of care customarily observed by professional
consulting firms performing similar services at the same time and location.The standard of care will include adherence to all
applicable published standards of theprofessionand laws,regulations,by-laws,building codes and governmental rules.
We are very excited about the possibility of working with you and the rest of the design team on this project.Thank you again
for the consideration. Please feel free to contact me directly with any further questions.or comments that you may have.
Since •
4 •
41,
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Juan Carlos Hernandez
.411111,
Senior Fire Protection Engineer
enclosure
Page 2 of 10 I October 22,2019 jensenhughes.coin
Proposal for Fire Protection Engineering Services-Miami Beach Convention Center Renovation,Miami:Beach FL
Terms + Conditions
1. Agreement.Jensen Hughes,Inc.(hereinafter"Consultant")shall provide for the Client the scope of services(the"Services")
'described in Consultant's Proposal attached hereto(the"Proposal").These Standard Terms and Conditions areincorporated into the
II Proposal,and the Proposal and these Standard Terms and Conditions together shall be referred toas the"Agreement."Authorization
to proceed with the Services shall constitute the Client's acceptance of the Agreement.All services not specifically described in the
Proposal are excluded from Consultant's scope of Services.
2. Performance.Consultant shall perform its Services in a manner consistent with the level of care and skill ordinarily exercised
by members of Consultant's profession currently practicing in the same locality under similar conditions and with reasonable diligence
and expediency consistent with sound professional practices("Standard of Care").Client and Consultant are aware that many factors
outside the Consultant's control may affect the Consultant's ability to complete the Services. Client agrees that Consultant is not
responsible for damages arising directly or indirectly from any delays or other causes beyond Consultant's control. For purposes of
this Agreement,such causes include, but are not limited to:strikes or other labor disputes;unusual delay in deliveries;unavoidable
casualties;severe weather disruptions or other natural disasters;fires,riots,war or other emergencies or acts of God;failure of any
government agency to act in a timely manner;delay or other failure of performance by Client or Client's contractors or consultants;
discovery of any hazardous substances or differing site conditions;or any causes referenced in Section 5 below.The time schedule
and Consultant's compensation shall be equitably adjusted to compensate for any of these causes.
3. Personnel.Consultantreserves the right to assign personnel on an as-needed basis,or substitute equivalently experienced
personnel upon prior written notice to Client. No increase in the Project's budget will be made for such change in personnel without
Client approval.
4. Independent Contractor.Client is engaging Consultant as an independent contractor,and not as an agent,employee,director
or partner of Client. The parties agree that this Agreement does not establish a joint venture, employment or agency relationship.
Nothing contained in this Agreement or any action by Consultant shall be construed to impose a fiduciary duty on Consultant or create
a fiduciary relationship between Consultant and Client or between Consultant and any third party.
5. Limitations on Responsibility. Consultant shall not be responsible for the acts or omissions of Client, Client's other
consultants, contractors, subcontractors, their agents or employees, or other persons performing work or services on the Project.
Consultant shall neither have control over nor be in chargé of,nor be responsible for the construction means, methods,techniques,
sequences or procedures, or for safety precautions and programs in connection with work by any other person on any project site.
Consultant shall not be responsible for Client's or other employers'implementation of or compliance with its, their or others'safety
programs, or for initiating, maintaining, monitoring or supervising the implementation of such programs or the procedures and
precautions associated therewith,or for the coordination of any of the above,nor shall Consultant be responsible for the adequacy or
completeness of any of the above safety programs,procedures or precautions.
6. Applicable Laws. Consistent with.Consultant's Standard of Care, Consultant's Services shall endeavor to comply with all
applicable laws,rules,codes,regulations and orders of applicable governmental or public authority having jurisdiction over the Project
in force at the time of Consultant's performance of the Services.
7. Termination/Suspension of Services.
a. For Convenience. This Agreement may be terminated by either party upon not less than fourteen (14) days'written
notice for such party's convenience and without cause.In the event that Client requests termination of the Services prior to completion
of the Services,such notice shall state the reason(s)for termination.Consultant reserves the right to complete such records as are
necessary to place its files in order and,where considered necessary by Consultant to protect its professional reputation,to complete
a report on the Services performed to the date of termination. If the project is cancelled prior to completion or suspended by Client for
more than sixty(60)days,Client shall pay and reimburse Consultant for services rendered and costs incurred up to and including the
date of termination. If the payment terms are based upon a fixed fee price, then Consultant shall be paid on a pro rata basis in
proportion to the contract price based on the level of effort expended up to and including the date of termination, as invoiced by
Consultant.
b. For Cause.This Agreement may be terminated by either party upon not less than seven(7)days'written notice should
the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the
termination. In addition,if Client fails to make payments when due or otherwise is in breach of this Agreement,Consultant may,at its
option,suspend performance of Services upon five(5)calendar days'notice to Client.Consultant shall have no liability whatsoever to.
Client for any costs or damages as a result of such suspension'caused by_any breach of this Agreement by Client.Upon payment in
full by Client after a suspension,Consultant shall resume Services under this Agreement,and the time schedule and compensation
shall be equitably adjusted to compensate for the period of suspension. If Client still fails to make payment or otherwise cure the
breach following a suspension of Services,Consultant may terminate this Agreement upon an additional seven(7)days'notice.
8. Payment.
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{ Proposal for Fire Protection Engineering Services-Miami Beach Convention Center Renovation,Miami Beach FL
a. Consultant will invoice Client on a progress basis as work is performed. Invoices will be submitted monthly based on a
percent of completion or fixed amount by task or deliverable(§). Customized billing formats or the use of client portals to submit
invoices will result in a 1.5%service charge added to the invoice.
b. Unless otherwise agreed to by the parties in the Proposal, payments onaccount of Services rendered and for
Reimbursable.Expenses shall be made monthly upon presentation of Consultant's invoice. Payments are due within thirty(30)days
of receipt of Consultant's invoice.Invoices remaining unpaid after thirty(30)days from receipt shall be subject to a service fee of 1.5%
per month, and'Consultant reserves the right to pursue all available remedies. Client shall be responsible for all costs, including,
without limitation,court costs;collection costs,reasonable attorneys'fees,expert fees,and all other costs allowed by law,which may
be incurred by Consultantin pursuit of unpaid invoices.
c. No deductions shall be made from Consultant's compensation on account of penalty;liquidated damages or other sums
withheld from payments to contractors,or on account of the cost of changes in the work other than those for which Consultant has been
adjudged to be liable. Inquiries and questions regardingany invoice shall be made within fifteen(15)calendar days of receipt of the
invoice.Failure to notify Consultant within the specified period will constitute a waiver of any claim with respect to the content or accuracy
of the invoice,as well as constitute acceptance of the Services provided. If the Client objects to any portion of an invoice,the Client
shall so notify the Consultant in writing within fifteen(15)calendar days of receipt of the invoice.The Client shall identify in writing the
specific cause of the disagreement and the amount in dispute with supporting documentation and shall pay that portion of the invoice
not in dispute in accordance with the other payment terms of this Agreement. Any dispute over invoiced amounts due that is not
resolved within twenty-five(25)calendar days after presentation of invoice by direct negotiation between the parties shall be resolved
thereafter in accordance with the Dispute Resolution provision of this Agreement.
d. Reimbursable Expenses include the actual expenses;incurred directly or indirectly in connection with the Services,such •
as those for:travel,including transportation and associated expenses;printing and reproduction of project related documents including
reports, specifications, drawings, project administration documents and correspondence; filing and permit fees;renderings, models,
and mock-ups required for the Services;all state and local taxes(except U.S.,state,local income taxes or payroll taxes);delivery and
courier services;and project materials including photographic film and processing. Except as otherwise specified, reimbursable
expenses will be billed at cost plus 15%.If requested as part of the billing information,detail of charges showing the date,amount and
type of each charge will be included as a part of the invoice. Copies of time sheets and expense reports will not be provided since
they may also contain confidential information related to other clients.
e. To the extent Consultant requires payment of an advance or retainer fee,the amount of the fee shall be stated in the
Proposal.The fee shall be held by Consultant and shall be applied against the final invoice.In the event the amount of the fee exceeds
the final invoice,Consultant shall refund the balance with the final invoice.If the final invoice exceeds the retainer,Client shall promptly
remit the amount due. A charge of 50% of the advance or retainer fee will be incurred on any matter that iscancelled without a
minimum of$500 invoiced for Consultant services performed.Should Consultant be retained for longer than six months as of the date
of the Proposal without services performed,Client shall be charged 100%of the advance or retainer fee to Consultant.
9. Additional Services.Additional Services of Consultant, not specifically included as part of the Scope of Services defined in
the attached Proposal, and compensation for requested Additional Services,shall be mutually agreed upon in writing by Client and
Consultant prior to commencement of such Additional Services.
10. Information Provided by Client.On Consultant's request,Client shall furnish services of other consultants,information,and
reports as reasonably necessary for the performance of Consultant's Services.The services,information,and reports requested shall
be furnished at no expense to Consultant. Consultant shall be entitled to rely upon, but shall not be responsible for,the accuracy,
completeness,and timeliness of services,information,and reports furnished by Client and Client's consultants.
11. Indemnification. •
a. Consultant agrees to indemnify and hold Client harmless from and against all claims,liabilities,suits,demands,losses,
costs and expenses(including reasonable attorneys'fees and costs of defense)("Claims"),to the extent such Claims are determined
by a court of competent jurisdiction or arbitrator to have been caused by the negligent acts,errors or omissions orwillful misconduct
of Consultant.This obligation shall not apply to the extent said Claims arise out of, pertain to, or relate to the negligence of Client or
Client's otheragents,other servants,or other independent contractors,including the contractor,subcontractors of contractor or other
consultants,or others who are directly responsible to Client,or for defects in design or construction furnished by those persons.
PURSUANT TO FLORIDA STATUTE § 558.035, AN INDIVIDUAL
EMPLOYEE OR AGENT OF JENSEN HUGHES, INC, MAY NOT BE
HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM
NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE
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Proposal for Fire Protection Engineering Services—Miami Beach Convention Center Renovation,Miami Beach FL
OF PROFESSIONAL SERVICES RENDERED UNDER THIS
PROFESSIONAL SERVICES CONTRACT. •
b. Client agrees to indemnify and hold Consultant harmless from and against all claims,liabilities,suits,demands,losses,
costs and expenses (including reasonable attorneys' fees and costs of defense), to the extent they are determined by a court of
competent jurisdiction or arbitrator to have been caused by the negligent acts,errors or omissions or willful misconduct of Client.
c. Neither party shall have an upfront duty to defend the other in connection with the indemnification obligations above.
12. Insurance.
a. Consultant shall provide Certificates of Insurance and maintain, for the duration of this Agreement, the following
insurance coverage:
• Workers'Compensation Statutory Amount
General Liability $1,000,000 per occurrence
Employer's Liability $1,000,000 per occurrence
Professional Liability(E&O) $1,000,000 per claim/aggregate*
`plus five(5)years after completion of Services
b. Client shall be responsible for purchasing and maintaining its own liability and property insurance.
c. Client and Consultant waive all rights against each other for loss,damage and/or liability to the extent covered by the
insurance policies required to be maintained hereunder.
13. Sole Remedy.It is intended and agreed by the parties to this Agreement that Client's obligations and Consultant's Services
inconnection with the Project shall not subject Client's or Consultant's individual shareholders,employees,officers or directors to any
personal legal exposure for the risks associated with this Project;and therefore any claim, demand or suit shall be directed and/or
• asserted only against the business entities that are the parties to this Agreement, which shall be the sole remedy for any dispute
hereunder.
14. Limitation of Liability. THE CLIENT AND CONSULTANT HAVE DISCUSSED THE RISKS AND BENEFITS OF THE
PROJECT AND THE COMPENSATION TO BE PAID TO CONSULTANT.TO THE MAXIMUM EXTENT PERMITTED BY LAW,
CLIENT EXPRESSLY AGREES,FOR ITSELF AND ANYONE CLAIMING BY,THROUGH OR UNDER IT,THAT THE LIABILITY OF
CONSULTANT, ITS SUBSIDIARIES, AFFILIATES AND SUBCONTRACTORS, INCLUDING THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS FOR ANY AND ALL CAUSES OF ACTION WHATSOEVER,
INCLUDING WITHOUT LIMITATION,TORT,CONTRACT,STRICT LIABILITY,INDEMNITY OR OTHERWISE,ARISING OUT OF,
OR IN CONNECTION WITH THIS AGREEMENT OR CONSULTANT'S PROFESSIONAL SERVICES,SHALL NOT EXCEED TEN
(10)TIMES THE AMOUNT OF CONSULTANT'S FEE FOR SERVICES UNDER THIS AGREEMENT,OR ONE MILLION DOLLARS
($1,000,000),WHICHEVER IS LESS.NEITHER CONSULTANT NOR THE CLIENT WILL BE LIABLE TO THE OTHER FOR LOSS
OF PROFITS OR REVENUE,LOSS OF USE OR OTHER OPPORTUNITY,LOSS OF GOODWILL OR OTHER CONSEQUENTIAL,
INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. Client acknowledges that (i) without the inclusion of this
limitation of liability provision,Consultant would not have performed the Services;(ii)it has had the opportunity to negotiate the terms
of this limitation of liability as part of an"arm's-length transaction";(iii)the limitation amount may differ from the amount of professional
liability insurance required of Consultant under this Agreement;and(iv)the limitation of liability provision is merely a limitation, and
not an exculpation,of Consultant's liability.
15. No Third Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with or a cause of
action in favor of a third party against either Client or Consultant.
16. Assianment. This Agreement shall be binding upon Client and Consultant and their respective successors, assigns, and
legal representatives. Neither party shall transfer or assign any rights or obligations under or interest in this Agreement without the
prior written consent of the other party;provided,however,that Consultant may assign its rights and obligations under this Agreement
without the consent of Client if such assignment is to a subsidiary,affiliate or successor in connection with a"Change of Control"and
provided that such assignee shall expressly assume the obligations under this Agreement. As used in this section, a"Change of
Control"shall mean(i)a merger,consolidation or similar transaction providing for the acquisition of the direct or indirect ownership of
more than fifty percent(50%)of a party's interests in the company,or(ii)the sale of all or substantially all of a party's assets.
17. Confidentiality. If Consultant or Client receives information specifically designated by the other party as "confidential" or
"business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person
except to(1)its employees,(2)those who need to know the content of such information in order to perform services solely and exclusively
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Proposal for Fire Protection Engineering Services_Miami Beach Convention Center Renovation,itiliami Beach FL
•
for the Project,or(3)its consultants whose contracts include similar restrictions on the use Of confidential information.These provisions
shall not apply to information in whatever form that is in the public domain,was previously known to and/or generated by Consultant,
nor shall it restrict Consultant from giving notices required by law or complying with an Order to provide information or data when such
order is issued by a court,administrative agency or other legitimate authority,or if disclosure is reasonably necessary for Consultant
to defend itself from any legal action or claim.
18. Instruments of Service.
a. Drawings,specifications,calculations,reports,notes,memoranda,and all Other documents,including those in electronic
form,prepared by Consultant are Instruments of Service for use solely with respect to this Project. Consultant shall be deemed the •
author and Owner of Consultant's Instruments of Service and shall retain all common law,statutory and other reserved rights,including
copyrights.
b. Upon execution of this Agreement, Consultant grants to Client a nonexclusive license to reproduce Consultant's
Instruments of Service for purposes of designing, administering,using and maintaining the Project,provided Clientshall comply with
all obligations,including prompt payment of all sums when due,under this Agreement. If applicable,such license shall permit Client to
include Consultant's Instruments of Servicein a similar nonexclusive license to an Owner in a Prime Agreement,authorizing an Owner
or an Owner's contractors or consultants to reproduce applicable portions of Consultant's Instruments of Service solely for the purposes
of constructing,using and maintaining this Project.Any termination of this Agreement prior to completion:of the Project shall terminate
this license.
c. Except for the license.granted above,no other license or right shall be deemed granted or implied.Client shall not assign,
delegate, sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of
Consultant.
d. Client shall not use the Instruments of Service-for future additions or alterations to this Project or for other projects,unless
Client obtains the prior written agreement of Consultant.Any unauthorized use,reuse or modifications of the Instruments of Service shall
be at Client's sole.risk and without liability to Consultant,and Client agrees to defend,indemnify and hold harmless Consultant from all
claims and damages arising out of or purported to arise out of the use,reuse,or modification of the Instruments of Service.
19. Certificate of Merit Requirement.The Client shall make no claim for professional negligence, either directly or by way of a
cross complaint against the Consultant'unless the Client has first provided the Consultant with a written certification executed by an
independent consultant currently practicing in the same discipline as the Consultant and licensed in the state where the project at
issue is located.This certification shall:a)contain the name and license number of the certifier;b)specify the acts or omissions that
the certifier contends are not in conformance with the Standard of Care for a consultant performing professional services under similar
circumstances;and c)state in detail the basis forthe certifier's opinion that such acts or omissions do not conform to the Standard of
Care.This certificate shall be provided to the Consultant not less than thirty(30)calendar days prior to the presentation of any claim
or the institution of any arbitration or judicial proceeding.This Certificate of Merit clause will take precedence over any existing state law
in force at the time Of the claim or demand for arbitration.
20. Governing Law,Venue,and Jurisdiction.This Agreement shall be governed by the laws of the State of Maryland, and the
state and federal courts in the State of Maryland shall be the exclusive venue for any and all dispute resolution proceedings unless the
parties mutually agree otherwise in writing. Client consents to personal jurisdiction of the state and federal courts in the State of
Maryland.
21. Dispute Resolution.
a. The parties agree to first try in good faith to settle between themselves any dispute arising out of or related to this
Agreement.In the event claims and disputes between the parties are not resolved by direct discussions between the parties,the parties
agree in light of the exclusive venue provision above,that such claims and disputes will be resolved by litigation without a jury in the
state or federal courts in the State of Maryland.TO THE FULLEST EXTENT PERMITTED BY LAW,EACH PARTY HEREBY WAIVES
ALL RIGHTS TO A TRIAL BY JURY IN ANY LEGAL ACTION TO ENFORCE OR INTERPRET THIS AGREEMENT OR THAT
OTHERWISE RELATES TO THIS AGREEMENT.The prevailing party in such litigation shall be entitled to recover all of its reasonable
attorneys'fees and court costs incurred in the prosecution or defense'of the claim.
b. If exclusive venue in the state and federal courts in the State of Maryland should fail for any reason;and an action is
filed and remains in a court in another state that does not permit contractual jury waivers, either party may elect to have the pending
disputes resolved by arbitration. In that event, the arbitration shall be conducted under the American Arbitration Association.(AAA)
Commercial Arbitration Rules then in effect to the extent practicable, except for R-38 "Emergency Measures of Protection" or
equivalent.The arbitration shall be administered by the parties and:the arbitrator(s)and not the AAA.The party serving a demand for
arbitration must assert in the demand all claims then known to that party on which arbitration is permitted to be demanded.If the amount
in dispute is less than$1,000,000 all issues shall be determined by one neutral arbitrator. If the amount in dispute is$1,000,000 or
greater,all issues shall be determined by three(3)neutral arbitrators.The arbitrator(s)shall be selected pursuant to the AM"Arbitrator
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Proposal for Fire Protection Engineering Services Miami Beach Convention Center Renovation,Miami Beach FL
Select:List and ,Appointment"process,or if unavailable,a similar process offered by any other nationally recognized alternative dispute
resolution organization.During pre-hearing:discovery,a party shall be entitled to take no more than two(2)fact depositions for disputes
less than$1,000,000 and four(4)fact depositions for disputes of$1,000,000 or more,any of which may be taken in accordance with
Fed. R.Civ.P.30(b)(6),plus depositions of any experts designated by the other party;all of seven(7)hours Or less.There shall be no
written discovery requests except a party may serve document requests not to exceed twenty-five(25)in number,including subparts.
The arbitrator(s)shall provide a reasoned award.The arbitrator(s)shall award the prevailing party its reasonable costs and attorneys'
fees.In no event shall a demand for arbitration be made after the date when the institution of legal Or equitable proceedings based on
the claim would be barred by the applicable'statute of limitations under Maryland law.The award rendered by the arbitrator(S)shall be
final,and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.In any event,the
maximum amount recoverable.by Client under this paragraph will not exceed the maximum amount or include the types of damages
waived in the Limitation of Liability provision,above.
22. Opinions of Cost.When included in Consultant's scope of Services,opinions or estimates of probable construction cost are
prepared on the basis of Consultant's experience and qualifications and represent Consultant's judgment as a professional generally
familiar with the industry.However,since Consultant has no control over the cost of labor,:materials,equipment or services furnished by
others,over contractor's methods of determining prices,or over competitive bidding or market conditions,Consultant cannot and does
not guarantee that,proposals,bids,or actual construction cost will not vary from Client's budget or from Consultant's opinions or estimates
of probable construction cost.
23. Environmental Conditions,Fires&Acts of Terrorism.
a. For purposes of this section,"Environmental Conditions"means the presence at the Project site of hazardous wastes,
hazardous substances, asbestos, asbestos-containing materials ("ACM"), suspected asbestos- containing materials ("SACM"),
polychlorinated biphenyls, lead, lead-based paint, urea-formaldehyde-containing materials, mold, biohazards, biological agents,
radioactive materials,or any other hazardous or toxic substances as defined by any federal,state,or local statute,regulation,code,or
ordinance. Client acknowledges that Consultant shall have no responsibilities or duties relating to the identification, discovery,
presence, handling, removal, abatement Or disposal of, or exposure (including exposure assessment or control) of persons to,
Environmental Conditions in any format the Project site,including any ACM.or SACM located at or transported from the Project.Client
acknowledges that it accepts responsibility for notifying the appropriate state and local Environmental Protection Agency and the
United States Environmental Protection Agency for any ACM or SACM delineation„demolition, construction or repair work. Client
further acknowledges that it accepts responsibility for any inspection required by the National Emissions Standards for Hazardous Air
Pollutants("NESHAP"),or any related state-delegated authority.
b. In no event shall Consultant be held liable or otherwise responsible for preventing any financial or physical damage,Fires
or Acts of Terrorism, including, but not limited to;chronic or acute injuries relating thereto (or arising out of), subsequent remedial
activities undertaken relating thereto,or any other event or consequence thereof,associated countermeasures pursued or implemented
by any federal,state,or local government representatives,or any of their contractors,or subcontractors,or any other public or private
party in any way connected with addressing or dealing with anything covered by the Scope of Services,including,without limitation,
Fires and/or Acts of Terrorism.
24. Responsibility for Code Compliance.Where the Services in Consultant's Proposal include code compliance,Consultant,in
exercising its professional judgment consistent with its Standard of Care,will conform the construction documents with all applicable
federal,state and local laws,statutes,ordinances,rules,regulations and orders relating to the design,construction,use and occupancy
of the Project;as applicable,and which may include by example and not limitation,zoning,building occupancy,environmental and,land
use laws, requirements, regulations and ordinances, including the Americans with Disabilities Act,(collectively "Governmental
Requirements")existing on the date of this Agreement or the date of issuance of the permit set of contract documents,whichever is later.
However, Client recognizes that interpretations by governmental officials ("Code Authority") are often subject to change even after
issuance of a building permit.If,after award of the building permit,modifications to the construction documents are required because
of an interpretation of.the Code Authority that could not reasonably be anticipated by Consultant in the exercise of its Standard of Care,
Consultant shall make the required modifications, but the cost of making such modifications shall be an Additional Service in
accordance with Section 9 hereof.
25. Ethics and Conflicts of Interest.Both parties shall perform their obligations with integrity,including but not limited to:
a. Conflicts of interest shall be avoided or disclosed promptly to the other party.
b. Neither party has conducted or shall engage in any transaction or dealing with any prohibited person in violation of the
U.S. Patriot Act or any OFAC rUle or regulation.
c. Both parties shall comply with all regulations of the Foreign Corrupt Practices Act ("FCPA"),other applicable,United
States laws, and other applicable foreign laws(including, but not limited to the OECD Convention on Combating Bribery of Foreign
Public Officials)relating to the:soliciting and performing work in foreign countries.
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Proposal for Fire Protection Engineering Services_Miami Beach Convention Center Renovation,Miami Beach FL
d. Neither party shall receive any contingent fees or gratuities to and from the other party,including their agents,officers,
employees and sub consultants or others to secure preferential treatment.
2&. Anti-Raiding Provision. During the duration bf the Services for the project provided for under this proposal agreement,and
for a period of one (1) year after the completion of or termination of such Services, the Client shall not solicit, Offer employment to,
otherwise attempt to hire,or assist in the hiring of any employee or officer of the Consultant or any of its Affiliates who worked on the
project; (ii) encourage, induce, assist or assist others in inducing any such person to terminate his or her employment with the
Consultant or any Of its Affiliates;or(iii)in any way interfere with the relationship between the Consultant or any of its Affiliates and
their employees.Should the Client extend an offer of employment to or otherwise retain (independent contractor,etc.)an employee
that worked on the project and the offer is accepted,Consultant shall be entitled to a fee(as liquidated damages and not as a penalty)
from the Client that is computed by multiplying the employee's hourly rate at the time of the offer by 4,000 hours for a Managing
Director, 3,000 hours for a Senior Director and 2,000 hours of any other employee. The fee shall be payable at the time of the
employee's acceptance of employment or the retaining of their services.
27. Equal Employment. Consultant believes in-the principles of equal employment opportunities and encourages a diverse
workplace. Consultant does not discriminate in employment against any individual on the basis of race,sex,age, religion,disability,
sexual orientation,national origin,ancestry,citizenship status,veteran status,Vietnam—era status,or any other protected status.Both
parties shall abide by the requirements of 41 CFR 607300.5(a). This regulation prohibits discrimination against qualified protected
veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment
qualified protected veterans. Both parties shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits
discrimination against qualified individuals on the basis of disability,and requires affirmative action by covered prime contractors and
subcontractors to employ and advance in employment qualified individuals with disabilities.
28. Miscellaneous.The waiver by either party of a breach of any provisions Of this Agreement shall not operate as or be construed
as.a waiver of any subsequent breach thereof.Whenever possible,each provision of this Agreement will be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under
applicable law,such provision will be ineffective only to the extent of such prohibition or invalidity,without invalidating the remainder of
this Agreement. The headings contained in this Agreement are for descriptive purposes only and shall have no independent
significance.
•
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Proposal for Fire Protection Engineering Services-Miami Beach Convention Center Renovation,Miami Beach FL
29. Entire Agreement. This Agreement represents the entire and integrated agreement between Client and Consultant and
supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be replaced, amended or
modified only in writing signed/initialed by both Client and Consultant.If any term,condition,or covenant of this Agreement is held by a
court of competent jurisdiction to be invalid,void or unenforceable,the remaining provisions of this Agreement shall be valid and binding
on Client and Consultant.
JENSEN HUGHES: CLIENT:
Si ature Signature
J an Carlos Hernandez
410 Printed name Printed name
Senior Engineer
Title Title
10/22/2019
Date Date
•
•
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Proposal for Fire Protection Engineering Services—Manzi Beach Convention Center Renovation,Miami Beach.FL
Please provide the following information regarding project billings with your signed proposal.
Invoice Mailings:
Name:
! Address:
City,State, Postal Code:
Job Site Address:Yes No ❑ •
Phone:
Fax:
Email:
Billing Contact for Future Inquiries:
Name: •
Address:
City,State, Postal Code:
Phone:
Fax:
Email:
Please indicate any reference numbers(P.O.Numbers,Job Numbers,etc.)that you would like us to indicate on our invoices:
Signature:
Print Name:
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s tl,�}�na;tTih� "< .� `ii;Yu 1Yt1
•
Additional SeJ.uices
Work outside of the Scope specified in this proposal will be conducted on a mutually-agreed-upon basis.When such work is
requested,JENSEN HUGHES will submit an estimate of the cost to the Client for approval prior to commencing work.
Additional work may include,but is not limited to:
•
1. Meetings and surveys in addition to those specified above.
{ 2. Preparation of formal variances and attendance at variance hearings.
3. Design of any fire protection systems not listed in the Scope of Services.
4. Additiohal consulting services beyond those described in the Scope Of Services.
5. Reproduction of design documents in excess of that identified in the Scope of Services.
Client Responsibilities
This proposal is based upon the Client performing the following activities:
1. Provide JENSEN HUGHES with copies of all available drawings including architectural,mechanical,electrical,
and drawings bf the existing fire suppression system for the building,including water flow test data.These
documents are for JENSEN HUGHES'use in providing the Basic Services.It is understood that JENSEN
HUGHES will rely upon the accuracy of all documents and electronic data furnished.
2. Provide access to all areas of the building during surveys and site inspections.
Terms + Co.ditions
The proposed scope of services will be provided an hourly labor rate basis with a not-to-exceed(NTE)budget of$####°#i.
The following hourly labor rates apply:
Labor Category(Table Head) Hourly Rate
Principal $###
Project Manager/Senior Engineer $###
Project Engineer $###
Staff Engineer $###
CAD Services $##
Administrative $##
Consultant will invoice client on a progress basis as work is performed: Invoices will be submitted monthly based on a
percent of completion or fixed amount by task or deliverable. Customized billing formats or the use of client portals to submit.
invoices will result in a 1..5%o service charge added to the invoice. Reimbursable expenses are not anticipated to exceed
$##'#?##t and will be billed at cost plus 15%in accordance with Exhibit A of this proposal.Please refer to Exhibit A for all
terms and conditions.We reserve the right to assign personnel on an"as available"basis.
JENSEN HUGHES appreciates the opportunity to assist CtientXCompanytName..If you have any questions,please contact
me at SenderjPho`ne#,]or•Sende"`r�EmailEAd-dress.
•
Sincerely,
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Proposal for Fire Protection Engineering Services—Miami Beach Convention Center Renovation,Miami Beach FL
JENSEN HUGHES
,IT�1.�p3SSender_ame]'y (Style:No Spacing}
',[Type,Sender�l itfe]y(Style: No Spacing}.
Enclo us re
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({port ridte-Y'YY;) tparkt'Titfe
Terms + Conditions
1: Open.;in GeneraI Consult ng'STC_US_E nal 2018 04,137docx
2.=__Select MI and,QW-`-.y
3. ,In this proposalidocument,place your cursor on THIS PAGE,and paste.,
4. Delefe these'inst?ucti'ons:.
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eME Engineers
engineers 14143 Denver West Parkway,Suite 300
Golden,CO 80401
• Office:303.421.6655
me-engineers.coni
November 21, 2019
Mr. John Kudrycki
Fentress Architects
421 Broadway
Denver, CO 80203
RE: Miami Beach Convention Center Electrical Engineering Services Proposal—Review of
Water Event in Electrical Room 1.29.35.
Dear John,
As requested, this letter includes proposed scope and fee associated with review of the water event in an
electrical room at the Miami Beach Convention Center.
SCOPE OF WORK
Based on our discussion and email correspondence,there was a supply pipe that leaked water inside of
electrical room 1.29.35 at the Miami Beach Convention Center.The City of Miami has requested the
electrical engineer participate in review of potential impact of the incident water upon the electrical
equipment within the room.After reviewing the equipment and discussing specifics related to the water
incident with the general contractor, electrical contractor and electrical equipment manufacturer, ME
Engineers will issue a letter which documents our findings.
FEE PROPOSAL
We anticipate 22 hours will be required to complete the tasks described above.The work will be done by
Art Smith. Our hourly rate is based on$200.00 per hour as indicated for the Principal position on the
attached 2015 hourly rate schedule.
Total Engineering Fees are$4,400.00 and will be billed as a lump sum.
The engineering fees above do not include associated travel expenses to and from the Miami Beach
Convention Center site.Travel expenses will be billed in addition to the above engineering fee at cost.
We recommend the owner include a budget of$2,000.00 be carried to pay for travel expenses.
Terms and conditions included with the base project proposal shall apply to this work.
If acceptable, please sign below and return a signed copy to ME Engineers for our records.This proposal,
will create a binding contract between the parties.We must receive a signed copy of this proposal prior to
performing substantial work.
Mr.John Kudrycki
November 6,2019
Page 2 of 3
•
Please let me know if you have any questions.
Sincerely,
Arther E Smith, PE
Senior Principal
M-E ENGINEERS INC.
Cc: Roger Loomis, Corey Berhost—ME Engineers
Approved and accepted this day of , 2019.
Fentress Architects
By:
Title:
me 1 engineers
ME Engineers
me engineers 14143 Denver West Parkway,Suite 300
Golden,CO 80401
Office:303.421.6655
me-engineers.com
ME ENGINEERS
HOURLY RATE SCHEDULE—2015
DENVER OFFICE
Principal $200/hr.
Sr.Associate $1 80/hr.
Associate $160/hr.
Sr. Project Manager $150/hr:
Project Manager $140/hr.
Project Engineer $120/hr.
Designer $110/hr.
CAD Technician $ 95/hr.
Administrative Staff $ 80/hr.
Site Visit-Topping Slab Conduit Installation
Wallace Engineering
Hours
Job Title Hourly Rate Hours Extension
Structural Engineering
Principal $170.00 0.0 $0.00
Associate $150.00 0.0 $0.00
Registered Engineer II $135.00 0.0 $0.00
Registered Engineer I $120.00 16.0 $1,920.00
CAD Technician III $105.00 $0.00
Totals this activity: Hours 16.0 $1,920.00
Total,Sub 1 16.0 $1,920.00
Hours Total 16.0 $1,920.00
GMP Cost Reconciliation
Miami Beach Convention Center
Fentress Project No:20140021
June 6,2016
Page 1 of 1 June 15,2016 rev01
FENTRESS
ARCHITECTS
fentressa rchi tects.co m
November 27,2019
Revised December 13, 2019
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
Proposal 78—Additional Structural Scope
Project 20140021.001 A73
Dear Mr. Morales:
This proposal is to provide additional an additional site visit for the Design Team structural engineer to
review the conduit installation in the parking deck topping slab and provide a signed and sealed letter
upon completion of the site visit. Additionally, per the City's request,the Design Team will design
handrail extensions for the existing ships ladder, located in the chiller room and provide additional
submittal reviews to 34 submittals previously reviewed, which are outside of the basic scope of services.
Fees for these services as identified in the proposal will be billed on a lump sum amount of Thirteen
Thousand Two Hundred Twenty-Five Dollars ($13,225)and a not to exceed amount of One Thousand
Dollars ($1,000)for travel expenses associated with the site visit. Billings for these services will be
invoiced under the heading#20140021.001,A73.
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
John Kudrycki,Al , LEE BD+C
Principal
encl: Wallace Fee Buildup
c: Maria Hernandez, Thais Vieira, City of Miami Beach
Steven DiBartolo, Karen Deshon, Hill International, Inc.
Zach Munoz,Anne McNeely, Jenni Gee, Fentress Architects
DEN DC LA SF HOU I 421 Broadway I Denver CO 80203 I 303 . 722 . 5000
Additional Structural Scope
Wallace Engineering
Hours
Job Title Hourly Rate Hours Extension
Topping Slab Conduit Installation
Principal $170.00 0.0 $0.00
Associate $150.00 0.0 $0.00
Registered Engineer II $135.00 0.0 $0.00
Registered Engineer I $120.00 16.0 $1,920.00
CAD Technician III $105.00 $0.00
Site Visit(1) $1,000.00
Totals this activity: Hours 16.0 $2,920.00
Chiller Room Handrail Design
Principal $170.00 3.0 $510.00
Associate $150.00 0.0 $0.00
Registered Engineer II $135.00 4.0 $540.00
Registered Engineer I $120.00 0.0 $0.00
CAD Technician III $105.00 3.0 $315.00
Totals this activity: Hours 10.0 $1,365.00
Additional Submittal Reviews
Principal $170.00 2.0 $340.00
Associate $150.00 0.0 $0.00
Registered Engineer II $135.00 0.0 $0.00
Registered Engineer I $120.00 80.0 $9,600.00
CAD Technician III $105.00 $0.00
Totals this activity: Hours 82.0 $9,940.00
Total,Sub 1 16.0 $2,920.00
Total,Sub 2 10.0 $1,365.00
Total,Sub 3 82.0 $9,940.00
Hours Total 108.0 $14,225.00
Miami Beach Convention Center
Fentress Project No:20140021