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AMENDMENT NO.49
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
This Amendment No. 49 to the Agreement made and entered this 21 day of .3 , 2021, 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 170.0 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 S10,967,200 including
reimbursable expenses; and
WHEREAS, on December 8, 2014, Amendment No. 1 was executed for correction to Task 3 —
Design Development and Design Criteria Package Services, requiring 30%completion level for low voltage
systems in lieu of 90%completion;and
WHEREAS, on December 8, 2014, Amendment No. 2 was executed for supplemental civil
engineering services in the amount of$41,079; and
WHEREAS, on December 8, 2014, Amendment No. 3 was executed for additional services to
revise the quantity, sizes and configurations of the main ballroom,junior ballrooms, and meeting rooms, in
the amount of$179,982; and
WHEREAS,on January 21,2015,Amendment No.4 was executed for a regional stormwater pump
station location analysis, and for the development of a 3D animation and custom website for the Project in
the amount of$76,605; and
WHEREAS, on February 11, 2015, the City Commission authorized Resolution No. 2015-28925,
authorizing an additional lump sum amount of $14,469,500, for the purpose of retaining Fentress to
complete all design and construction administration services for the Project;arid
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;
•
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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
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, 19t" 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 17"'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
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WHEREAS, on December 20, 2016, Amendment No. 22 was executed for revisions to the
construction documents as needed for artwork installations by Sarah Mods, 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
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 19"'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 S30,875;and
WHEREAS, on August 18, 2017, Amendment No. 30 was executed for additional services
associated with revisions to the P-Lot Park design,as approved by the City Commission on July 26,2017,
in the amount of 349,076;and
WHEREAS, on September 18, 2017, Amendment No. 31 was executed for revisions to the
construction documents as needed for artwork installations by Joseph Kosuth, selected as part of the Art
in Public Places Program,in the amount of$14,570;and
WHEREAS, on September 18, 2017, Amendment No. 32 was executed for revisions to the
construction documents approved in Amendment No.27,to accommodate the construction that progressed
during the delayed issuance of the package due to extended negotiations with Art Basel, in the amount of
$11,430;and
WHEREAS, on September 19, 2017, Amendment No. 33 was executed for drainage revisions
associated with keeping the existing culvert that crosses the P-Lot in lieu of removal,as requested by Public
Works,due to the postponement of the 170'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
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WHEREAS,August 6, 2018,Amendment No.36 was executed for 19'"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 215'
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 Park;
and 19'"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 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 additionaldesign 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 18'f' Street as requested by Transportation Department, and
electrical revisions at 215'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 S263,250;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 of 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, on October 22, 2020, Amendment No. 48 was executed for additional construction
administration services for P-Lot Park through December 2020, additional services related to the design of
the exercise area at P-Lot Park, door bracing engineering required for CO, Life Safety Evaluation Report,
and credit for unused reimbursables/expenses in Amendments 30 &38.
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WHEREAS,this Amendment No.49 is for additional services related to the Class II Permit renewal
and modification required to close-out the project, which have extended beyond the construction
administration services contract for the Civil Engineering Firm, and for a credit for unused services related
to Amendments 9, 10, 16, 17, 39,45 and 46, resulting in a credit to the City in the amount of(528,195).
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,49.
2. MODIFICATIONS.
The Agreement is amended as provided in Appendix"A-49", 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.49.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.49 to be executed
in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY OF MIAMI BEACH ' (�-
Rafael Gra aLLIA__/
,f�
T. Hudak
City Clerk City Manager
ATT T: / CON T:
S RCHITEE
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Print Name/Title Print Name/Title
.IP!P ORATED` APPROVED AS TO
FORM& LANGUAGE
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5
Appendix"A-49"
1. SCOPE OF SERVICES
a. Class II permit renewal/modification: Refer to attached proposal dated June 8, 2021.
2. PAYMENT AND COMPENSATION
Kimley Horn Amendment for Class II Permit(hourly,not-to-exceed) $ 16,235.00 1
!Unused Amounts in Prior Amendments Budget Spent Balance
!Amend 9-Commissioning for Pavillion $ 22,776.00 $ 6,839.55 $ 15,936.45
Amend 10-Wind Consultation $ 5,000.00 $ 4,675.00 $ 325.00
Amend 16-Temporary Box Culvert $ 45,525.00 $ 40,600.25 $ 4,924.75
Amend 17-GMP Reconciliation T&M $ 49,360.00 $ 33,602.50 $ 15,757.50
Amend 39- NCR 3363-Site Visits Wallace $ 3,000.00 $ - $ 3,000.00
Amend 45- Electrical Equipment Evaluation (ME) $ 2,000.00 $ 862.45 rt$ 1,137.55
Amend 46-Structural Special Event Letters $ 7,050.00 $ 3,701.25 $ 3,348.75
Credit $ 44,430.00
Amendment 39 Total Amount(CREDIT) $(28,195.00)
6
AGREEMENT TOTAL
Project Contingency Added Scope Total
Original Agreement $ 10,967,200 $1,096,720 $12,063,920
Amendment-Reso 2015-28925 (5,6&8)
Amendment 5 $ 2,442,400 $ 2,442,400
Amendment 6 $ (3,129,259) $ (3,129,259
Amendment 8 $ 15,156,359 $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 7-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 Reconc,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
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&credit for reimb;Bldg Life Safety Report;Door bracing $ 114,504
Amendment 49-Class II Renewal and Credit for unused amounts in prior Amendments $ (28,195)
Total $25,436,700 $1,000,000 $2,984,742 $29,421,442
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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FENTRESS
ARCHITECTS
fentressarchitects.com
May 28,2021
Revised June 8,2021
Mr.Alina T. Hudak,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 88—DRER Class II Permit Renewal
Project 20140021.001 A82
Dear Mr. Morales:
This proposal is to provide design services for the renewal of the DRER Class II permit. This service is
currently outside of the Fentress Design Team's current scope of work. Below is our understanding of the.
scope of work required:
SCOPE OF SERV/CES
• The purpose of this task is to allocate additional budget for Kimley-Horn to be able to continue
assisting the City with the expired Class II permit at the agreed upon hourly rates consistent with
the corresponding hourly estimate($16,235).
• Up to five Coordination calls and/or site meetings(est.20 hrs.)
• DRER Class II permit renewal and certification inclusive of up to 3 rounds of comments and
final inspection of installs. (est.60 hrs.)
FEE
Fees for all base services will be billed as a lump sum percentage of completion.Please see the fee
buildup attached. The total proposed fee amount is Sixteen Thousand,Two Hundred and Thirty-Five
Dollars($16,235.00). No expenses are anticipated. Billings for these services will be invoiced under the
heading#20140021.001,A82
Attached is Kimley Horn's Fee Proposal for this additional effort.Your assistance in facilitating the
request of this additional effort as a modification to our contract is appreciated. Please feel free to
contact me with any further questions or comments you may have.
If the foregoing correctly states your understanding, please prepare a contract amendment for our
execution.We are very happy to be of service to the City and continue our successful relationship.
Sincerely,
Fentress Architects
' '147.4
ohn Kudrycki,AIA ED AP BD+C
Principal
enol: Kinley Horn Fee Proposal dated May 19;2021
c: Maria Hemandez,Thais Vieira,City of Miami Beach
David Burkey,Anne McNeely,Jenni Gee, Fentress Architects
May 19, 2021
Kimley>>>Horn
Miami Beach Convention Center Renovation
KHA Project No.:043627000
AMENDMENT NUMBER 33 TO THE AGREEMENT BETWEEN THE CLIENT
AND KIMLEY-HORN AND ASSOCIATES, INC.
AMENDMENT NUMBER 33 DATED March 24, 2021 to the Agreement between Fentress
Architects ("Client") and Kimley-Horn and Associates, Inc., ("Kimley-Horn") dated
May 14th, 2014 ("the Agreement") concerning the Miami Beach Convention Center
Improvements at 1700 Convention Center Drive in Miami Beach, Florida 33139.
The Consultant has entered into the Agreement with the Client for the furnishing of
professional services, and the parties now desire to amend the Agreement.
•
Therefore,it is mutually agreed that the Agreement is amended to include Additional Services
to be performed by Consultant and provisions for additional compensation by the Client to the
Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and conditions of
the Agreement not inconsistent with this Amendment, all of which are incorporated by
reference.
KIMLEY-HORN AND ASSOCIATES, INC.
Jorge L. Fernandez, P.E
Vice-President
Agreed to this day of , 2020.
By:
. (Print or Type Name)
Title:
(Member or Manager, as authorized)
jEmail Address)
, Witness
(Print or Type Name)
kimley-horn.com 35.5 Alhambra Circle,Suite 1400, Coral Gables Florida 33134 305.673.2025
Kimley>>>Horn Page 2
TASK 1 —DRER CLASS II
Project Understanding
The purpose of this task is to allocate additional budget for Kimley-Horn to be able to continue
assisting the City with the expired Class II permit at the agreed upon hourly rates consistent
with the corresponding hourly estimate($16,235).
• Up to five Coordination calls and/or site meetings(est. 20 hrs)
• DRER Class II permit renewal and certification inclusive of up to 3 rounds of
comments and final inspection of installs. (est. 60 hrs)
Kimley-Horn does not guarantee the issuance of permits or approvals. If permits are issued for this
project, the conditions and expiration dates are the sole responsibility of the Client. Kimley-Hom is
not responsible for extending time limited entitlements or permits. Additional agency requirements
from those above will require an additional service. Administrative and accounting time will also be
billed hourly.
kimley-horn.com 355 Alhambra Circle,Suite 1400, Coral Gables Florida 33134 305.673.2025
I
Class II Hourly Services Estimate
Kimley-Horn&Associates
d o ours '
. Contract Hely Rates Contract Rates Est. Est.cost for
Oct.2014 Range Hrs. amend.33
Amendment 33,-.CL'I permit_&cert::.
Principal S240-$280 S280.00 2.0 $560.00
Senior Professional S165-S245 S245.00 33.0 $8,085.00
Professional $90-170 S170.00 42.0 $7,140.00
Analyst/Junior Professional S105-150 S150.00 3.0 $450.00
Senior Technical Support S105-$125 $125.00 0.0 $0.00
Technical Support $70-3125 S125.00 0.0 50.00
Support Staff $5.7.50-582.50 $82.50 0.0 $0.00
Totals this activity: 80.0 $16,235.00
'Hours Total(Est.) 80.0 $16,235.001
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