Amendment NO.48 Agreement between FENTRESS ARCHITECTS and CMB 2.019 _ Z8-s-38
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AMENDMENT NO.48
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$114.504
This Amendment No.46 to the greement made and entered this"'}L day of d dab*.r,2020, 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 configuratio s of the main ballroom, junior ballrooms, and meeting rooms, in the amount of
$179,982;and
WHEREAS,on January?1, 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 servis 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);a d
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 Projekt, 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
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WHEREAS, on August 14, 2015, Amendment No. 9 was executed for the provision of Commissioning
Services,in the total amount of$302,878;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, 2018,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 19,2016,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 1812016,Amendment No, 15 was executed for design changes associated with raising
18th Street, 199 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 170 Street is completed by Public Works;and for the redesign
of Convention Center Drive betiyeen 17"and 180 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 exiting 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 fronh 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 Decem er 20, 2016, Amendment No. 22 was executed for revisions to the construction
documents as needed for artworC 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 Decem4r 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
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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 R71');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 Septerr'ber 18, 2017, Amendment No. 32 was executed for revisions to the construction
documents approved in Amend'nent 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 17"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 turjded 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 219 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 21g 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 21,1 Park;and 19th Street revisions
as a result of the Holocaust M morial'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
3691), an updated site plan rendering, and extended construction administration services for the building, in the
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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 F+orida 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 as 18th Street as requested by Transportation Department, and electrical revisions at
21'2Street Park,in the amountlof$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,in the amount of 120,450;and
WHEREAS, on January 13, 2020, Amendment No. 45 was executed for letters from Structural Engineer
required for Special Events Permits through Antique Show of January 2020, 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;and
WHEREAS,on March 23,2020,Amendment No.46 was executed for additional construction administration
services for the building through June 30, 2020, additional forty(40) letters from Structural Engineer required for
Special Events Permits through(July 2020,structural engineer evaluation of damage to an escalator support column
caused during load-in/load-out oIf a show requested by the Building Official;and
WHEREAS,on March 31,2020,Amendment No.47 was executed for additional construction administration
services for P-Lot Park.
WHEREAS, this Amendment No. 48 is for additional construction administration services for P-Lot Park
through December 2020,additional services related to the design.
NOW, THEREFORE, 4he 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.48.
2. MODIFICATIONS.
The Agreement is amended as provided in Appendix"A-48",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.48.
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IN WITNESS WHEREOF,the parties hereto have caused this Amendment No.48 to be executed in their
names by their duly authorized officials as of the date first set forth above.
DOC SU ST: DGIr VnORMIAMI BEACH
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City Clerk City Manager
ATTEST: ** '' CONSULTANT:
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Ntriii icciior C1st*}• 1en1IPss.President jCWO
ot Name/Title Print Name/Title
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
tlt afte Date
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Appendix"A-48
1. SCOPE OF SERVICES
a. P-Lot Park Construction Administration Services: Refer to attached proposal dated August 10,2020.
b. P-Lot Park Exercise Equipment Area:Refer to attached proposal dated September 8,2020.
c. Door Brace Engineering: Refer to attached proposal dated October 6,2020.
d. Life Safety Evaluation Report:Refer to attached proposal dated October 1,2020.
e. Credit for unused reimbursables/expenses allowances in Amendments 30 and 38.
2. PAYMENT AND COMPENSATION
a. P-Lot Park CA Services:
West 8: $37,695(5,385 monthly lump sum)
Fentress: $19.600,(hourly,not-to-exceed)
Total: $57,295
b. P-Lot Park Exercise Equipment Area:
West 8: $17,900(lump sum percentage of completion)
Fentress: $"6.750(lump sum percentage of completion)
Total: $24,650
c. Life Safety Evaluation Report:
Fentress: $ 1,250(lump sum percentage of completion)
Jensen Hughes:
Initial Stakeholder Engagement: $ 1,500
Document Collection and Review: $ 9,500
Life Safety Evaluation: $28.500
Total Jensen Hughes: $39,500
Total Life Safety Report: $40,750
d. Door Brace Engineering: $ 4,500(lump sum percentage of completion)
e. Credit for Reimbursables/Expenses:
Amendment 30: -$11,541
Amendment 38: -$ 1,150
Total Credit: -$12,691
TOTAL AMENDMENT 48: $114,504
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Project Contingency Added Total
Scope
Original Agreement $10,967,200 $1,096,720 $12,063,920
Amendment•Reso 2015-28925 (5,6&8)
Amendment S _ $ 2,442,400 .$ 2,442,400.
Amendment 6 $ (3,129,259) ' _$ (3,129,259)
1 Amendment 8 $15,156,359 I $15,156,359
Contingency reduction $ (96 720); $ (96,720)
Total $25,436,700 $1,000,000 - $26,436,700
Amendment 2-Civil $ 41,079
1 Amendment 3-Ballrm change 5 179,982
Amendment 4-Stormwater/website $ 76,605
Amendment 7•Wind study/roof survey $ 117,200
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Amendment 9-Commissioning $ 302,876
Amendment 10-Parapet Analysis $ 15,000
i Amendment 11-Event Plans $ 36,875
Amendment 12•Stormwater Revisions $ 34,073
Amendment 13-Smoke Control Removal $ 173,790;
Amendment 14-Site Visits&Alternative Desi $ • $ 148,999
Amendment 15-Streets Regrading $ 22,520 I$ 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 laacing analysis $ 96,710
Amendment 21-Cameras,vaults,RFIs,kitchen,t transition slab .5 80,330
Amendment 22-AIPP(Morris,Ackermann&Harvey) I $ 17,121,
Amendment 23-NCRs' $ 10,000
Amendment 24-Sanitary Sewer Lateral-Carl F sher 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 5 2,585•
Amendment 29•RFI 3251&Structural Submitta s 5 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 repai{ $ 48,628:
Amendment 36-19th St and CA Services $ 136,408
'Amendment 37-21st Park,Tree Reconc,19th St $ 50,320'
Amendment 38•Plot Park Repackaging and CA services $ 261,445
I Amendment 39-Rendering,NCR 3363,Add.'CAi ervices 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 RFls review $ 263,250
Amendment 43-Incorporation of RFIs into Contract Documents .. 45,180 _
Amendment 44-Extended CA $ 120,450
Amendment 45-Event letters,IS Consultant,Struct Eng,Electrical equipment eval, $ 44,325
Amendment 46-Extended CA,Event Letters,Structural Eng Eval damaged column $ 129,750
'Amendment 47•Extended CA for P•Lot Park(Pride Park) •$ 42,035
'Amendment 48-Plot Park CA,exercise equip&c1 edit for reimb;Bldg Life Safety Report;Door bracing S 114,504
Total $25,436,700 $1,000,000 ' $3,012,937 $29,449,637
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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