Amendment NO. 50 Agreement between CMB & Fentress Architects Z01c- 21182
AMENDMENT NO. 50
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, MAR 1 9 2024
IN THE AMOUNT OF $-67,517.20
This Amendment No. 50 to the Agreement made and entered this day of , 2024, 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 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
S76,605; 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
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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$302,876; 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 17th and 18th Streets due to the postponement of the Convention Center Hotel
Project, in the amount of$70,270; and
WHEREAS, on September 7, 2016, Amendment No. 17 was executed for GMP cost reconciliation services
beyond what was originally contemplated in the basic construction administration services, in the amount of$49,360;
and
WHEREAS, on September 7, 2016, Amendment No. 18 was executed for additional site visits by members
of the design team for a weekly presence through approximately September 30, 2016, and for the implementation of
alternative designs requested by the Construction Manager, in the amount of$112,649; and
WHEREAS, on October 24, 2016, Amendment No. 19 was executed for design changes associated with
retaining the east half of the existing exhibit hall bridge to provide more flexibility in egress travel distances of show
layouts, in the amount of 220,291; and
WHEREAS, on November 16, 2016, Amendment No. 20 was executed for additional reviews of steel
submittals and for revisions of levels two and five truss loading for temporary conditions for Art Basel 2016; this
Amendment is to be funded from a deductive change order to the Agreement with Clark Construction, in the amount
of$96,710: and
WHEREAS, on December 20, 2016, Amendment No. 21 was executed for additional design services
associated with the incorporation of additional security cameras, revisions to vaults requested by FPL, additional
structural engineering resulting from unforeseen site conditions (RFIs), construction details for the temporary
transition slab required for Art Basel 2016, and renovation of the east kitchen not included in the original scope of
work, in the amount of$80,330; and
WHEREAS, on December 20, 2016, Amendment No. 22 was executed for revisions to the construction
documents as needed for artwork installations by Sarah Morris, 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
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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 R7T); and
WHEREAS, on June 30, 2017, Amendment No. 28 was executed for design revisions associated with the
relocation of the 19th Street pump station, in the amount of$2,585; and
WHEREAS, on August 15, 2017, Amendment No. 29 was executed for design solutions for contractor-
requested items related to closing non-conforming conditions related to RFI 3251, and for additional reviews of
structural submittals,funded from a deductive change order to the Agreement with Clark Construction, in the amount
of$30,875 ; and
WHEREAS, on August 18, 2017, Amendment No. 30 was executed for additional services associated with
revisions to the P-Lot Park design, as approved by the City Commission on July 26, 2017, in the amount of 349,076;
and
WHEREAS, on September 18, 2017, Amendment No. 31 was executed for revisions to the construction
documents as needed for artwork installations by Joseph Kosuth,selected as part of the Art in Public Places Program,
in the amount of$14,570; and
WHEREAS, on September 18, 2017, Amendment No. 32 was executed for revisions to the construction
documents approved in Amendment No. 27, to accommodate the construction that progressed during the delayed
issuance of the package due to extended negotiations with Art Basel, in the amount of$11,430; and
WHEREAS, on September 19, 2017, Amendment No. 33 was executed for drainage revisions associated
with keeping the existing culvert that crosses the P-Lot in lieu of removal, as requested by Public Works, due to the
postponement of the 17th Street drainage improvements,in the amount of$11,985,and for revisions to the southwest
corner rendering in the amount of$1,350; and
WHEREAS, on December 15, 2015, Amendment No. 34 was executed for additional reviews of structural
submittals, and for design solutions for contractor-requested items related to closing non-conforming conditions, in
the amount of$50,785, to be funded from a deductive change order to the Agreement with Clark Construction; and
WHEREAS,on December 15,2017,Amendment No. 35 was executed for design revisions to the 21st Street
Park as a result of the pump station installation and changes required for AIPP installations in the amount of$43,788,
and for design solutions for the repair to the existing culvert which collapsed during installation of the new culvert, in
the amount of$4,840; and
WHEREAS, August 6, 2018, Amendment No. 36 was executed for 19th Street revisions as a result of pump
station relocation, and additional construction administration services through November 30, 2018, in the amount of
6136,408; 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 21st Park; and 19'h 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
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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 Florida Power and Light(FP&L) duct bank 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, 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.
WHEREAS, on June 28, 2021, Amendment No. 49 was executed for additional services related to the Class
II Permit renewal and modification required to close-out the project, and for a credit for unused services related to
Amendments 9, 10, 16, 17, 39,45 and 46.
WHEREAS, this Amendment No. 50 is for a credit for unused services related to Amendments 18, 39, 42,
44, 46 and 49.
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. 50.
2. MODIFICATIONS.
The Agreement is amended as provided in Appendix ''A-50", attached herein.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged and in furl force and effect.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No.50.
4
IN WITNESS WHEREOF,the parties hereto have caused this Amendment No. 50 to be executed in their
names by their duly authorized officials as of the date first set forth above.
ATTEST: TY OEMI E CH CP.J
1 9 2024
Rafael Granado Aline T. Hu ak
City Clerk City Manager
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CONSULTANT:
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5
Appendix "A-50"
1. SCOPE OF SERVICES
a. Credit for unused services related to Amendments 18, 39,42,44,46 and 49.
2. PAYMENT AND COMPENSATION
Unused Amounts in Prior Amendments Budget Spent Balance
Amend 18-CA Site Visits 02 $ 112,649.00 $ 99,078.20 $ 13,570.80
Amend 39- CA Services-Site Visits Fentress $ 11,100.00 $ 6,089.78 $ 5,010.22
Amend 39-CA Services-Site Visits ME $ 10,000.00 $ 4,097.67 $ 5,902.33
Amend 42- Extended CA-T&M $ 21,600.00 $ 11,007.88 $ 10,592.12
Amend 44- Extended CA-T&M $ 120,450.00 $ 112,857.78 $ 7,592.22
Amend 46- Extended CA T&M $ 121,900.00 $ 102,131.74 $ 19,768.26
Amend 49- DRER Class II Permit Renewal $ 16,235.00 $ 11,153.75 $ 5,081.25
TOTAL CREDIT $ 67,517.20
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AGREEMENT TOTAL
Added Total
Project Contingency Scope
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)
Amendment 50-Credit for unused amounts in prior Amendments $ (67,517)
Total $25,436,700 $1,000,000 $2,917,225 $29,353,925
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.
7
DocuSign Envelope ID:902E6766-96E8-475A-B38B-FA8C736475E6
MIAMIBEACH
Purchase Order Reduction Reauest
Date: 03/13/24 Department: Office of the City Manager
Convention Center District
Project: Convention Center Renovation & Expansion
PO Number: 024746 Company: Fentress Architects
The Convention Center Renovation& Expansion Project(Munis project#28160) included the construction of Pride
Park(Munis project#28170). The renovation/expansion of the building scope of work has been completed,
however the Pride Park scope of work remains active.
The contract/purchase order for Fentress Architects included consulting services for both scopes of work. However,
since the renovation/expansion of the building has been completed, the associated line items must be credited
accordingly:
Unused Amounts in PO to be credited(Project#28160) Budget Spent Balance
Amend 18-CA Site Visits 02 $ 112,649.00 $ 99,078.20 $ 13,570.80
Amend 39-CA Services-Site Visits Fentress $ 11,100.00 $ 6,089.78 $ 5,010.22
Amend 39-CA Services-Site Visits ME $ 10,000.00 $ 4,097.67 $ 5,902.33
Amend 42-Extended CA-T&M $ 21,600.00 $ 11,007.88 $ 10,592.12
Amend 44-Extended CA-T&M $ 120,450.00 $ 112,857.78 $ 7,592.22
Amend 46-Extended CA T&M $ 121,900.00 $ 102,131.74 $ 19,768.26
Amend 49-DRER Class II Permit Renewal $ 16,235.00 $ 11,153.75 $ 5,081.25
The line items associated with Pride Park must remain open:
Line items to remain open(Project#28170) Budget Spent ,Balance
Amend 47-Extended CA for P-Lot Park(Pride Park) $ 42,035.00 $ 40,915.00 $ 1,120.00
Amend 48-Extended CA for P-Lot Park(Pride Park) $ 69,254.00 $ 52,824.00 $ 16,430.00
TOTAL PO AMOUNT TO REMAIN OPEN $ 17,550.00
Senior Project Manager Protect Director
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2F3E85F2F 189467 '—!`RF509F7f AF9a9F
Thais Vieira Date Maria Hernandez Date
Page 1 of 1
MIAMIBEACH Purchase Order
Bill To Fiscal Year 2016 Page: 1 of 8
999999 HOURS
City of Miami Beach Monday-Friday THIS NUMBER MUST APPEAR ON ALL INVOICES,
Finance-Accounts Payable PACKAGES AND SHIPPING PAPERS.
Y 8:30 a.m.-5:00 p.m.
1700 Convention Center Drive payables@miamibeachfl.gov Purchase Order# 24746 - 20
Miami Beach FL, 33139
Phone: 305-673-7405 Delivery must be made within doors of specified destination
Vendor Ship To
50946 082100
FENTRESS ARCHITECTS,LTD., INC. CMO CONVENTION CENTER DISTRICT
421 BROADWAY 1700 CONVENTION CENTER DRIVE
DENVER.CO 80203 4TH FLOOR
Phone:303-722-5000 MIAMI BEACH,FL 33139
Email:Johanns@.fentressarchitects.com Email:THEJL@MIAMIBEACHFL.GOV
Phone:305-673-7311
DEPARTMENT/LOCATION CONTRACT# REQUESTED BY
CMO CONVENTION CENTER DISTRICT 14-142-01 CMO CONVENTION CENTER
ORIGINAL DATE ORDERED FREIGHT METHOD/TERMS REQUISITION NUMBER
05/21/2014 FOBDestination 24746
NOTES
FENTRESS ARCHITECTS-DESIGN CRI
CONVERTED PURCHASE ORDER
This Purchase Order(PO)has been converted from the City s previous Enterprise Resource Planning system(EDEN)and the liquidated amounts/lines from the
original Purchase Order(PO)were removed as of May 2,2016. In addition due to the conversion,the new change order numbering will start at 01 regardless
of any previous change orders.
BLANKET PURCHASE ORDER
This blanket purchase order(BPO)is issued for the items listed to be purchases as needed.The quantity or amounts specified herein are estimates only and
not a commitment or guarantee of the amounts required by the city under this BPO.Vendor is not authorized to manufacture,produce.and ship or perform
unless it has received a release or request for a specific quantity for items specified in the contract ordered pursuant to this BPO by an authorized
representative of the city. All invoice prices must be equal to or less than the costs specified in the contract.The city shall not be obligated or liable for any
payments in excess of the amounts released or requested pursuant to this BPO or for unit prices that exceed those stipulated in the contract. Requesting
department is responsible for verifying invoice pricing is in accordance with contract pricing.
DEPARTMENT RESPONSIBILITY
Requesting Department is responsible for verifying invoice pricing and items ordered are in compliance with the quote/proposal/contract.
PA: Sec.2-369. Reso No. 2014-28538,CMB contract RFQ 2014-142-ME Design Criteria Professional Services for the Miami Beach Convention Center
Renovation and Expansion Project.
Amendment No.50 is for a credit for unused services related to Amendments 18.39.42.
44.46.and 49.as shown in Appendix"A-50"attached herein.
CHANGE ORDER#16:
PREVIOUS PO TOTAL $8,230.001.00
REDUCTION OF LINE ITEM 1:$(40,156.72)
REDUCTION OF LINE ITEM 6:$(7,592.22)
REDUCTION OF LINE ITEM 7:$(19.768.26)
AMENDMENT#50 TOTAL PO DECREASE: $(67.517.20)
CONTINUED ON
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Vendor Copy
MIAMIBEACH Purchase Order
Bill To Fiscal Year 2016 Page:3 of 8
999999 HOURS
City of Miami Beach Monday-Friday THIS NUMBER MUST APPEAR ON ALL INVOICES.
Finance-Accounts Payable 8:30 a.m.-5:00 p.m. PACKAGES AND SHIPPING PAPERS.
1700 Convention Center Drive payables@miamibeachfl.gov Purchase Order# 24746 - 20
Miami Beach FL,33139
Phone:305-673-7405 Delivery must be made within doors of specified destination.
Vendor Ship To
50946 082100
FENTRESS ARCHITECTS, LTD., INC. CMO CONVENTION CENTER DISTRICT
421 BROADWAY 1700 CONVENTION CENTER DRIVE
DENVER.CO 80203 4TH FLOOR
Phone:303-722-5000 MIAMI BEACH,FL 33139
Email:Johanns@_fentressarchitects.com Email:THEJL(cDMIAMIBEAC HFL.GOV_
Phone:305-673-7311
DEPARTMENT/LOCATION CONTRACT# REQUESTED BY
CMO CONVENTION CENTER DISTRICT 14-142-01 CMO CONVENTION CENTER
ORIGINAL DATE ORDERED FREIGHT METHOD/TERMS REQUISITION NUMBER
05/21/2014 FOBDestination 24746
ITEM# DESCRIPTION/PART# QTY UOM UNIT PRICE EXTENDED PRICE
AMENDMENT No.8,PURSUANT TO RESOLUTION#2015-28925,
CONTRACT#2014-142-01
AGREEMENT BETWEEN CITY OF MIAMI BEACH AND FENTRESS
ARCHITECTS FOR DESIGN CRITERIA PROFESSIONAL SERVICES FOR
THE MIAMI BEACH CONVENTION CENTER RENOVATION PROJECT IN
THE AMOUNT OF$15,156,359.00.
THIS CHANGE ORDER WILL INDICATE AN INCREASE IN THE AMOUNT OF
$2,082,049.35 BALANCE AMOUNT OF$3.912,216.00 TO BE REFLECTED IN
FUTURE PURCHASE ORDER/CHANGE ORDER.
ANY ADDITIONAL SERVICES SHALL BE PROVIDED AT THE SAME
HOURLY RATES ESTABLISHED IN THE AGREEMENT AND
REIMBURSABLES SHALL BE IN ACCORDANCE WITH ARTICLE 6 OF THE
AGREEMENT.
ORIGINAL PO LANGUAGE
Agreement between City of Miami Beach and Fentress Architects for Design
Criteria Professional Services for the Miami Beach Convention Center
Renovation Pursuant to Request for Qualifications 2014-142ME.
Purchase Authority:Resolution No.2014-28538
-Consultant's Lump Sum fee for provision of the Services shall be$10,967,200
including reimbursable expenses.
-10%Contingency is$1.096,720
Total Purchase Order-$12,063,920
LINE ITEM#1:
ADDITIONAL AMOUNT ADDED FOR AMENDMENT 34-35. BRINGING THE
TOTAL PO AMOUNT TO$28,023,007.SEE APPENDIX"A-35"FOR
ADDITIONAL DETAIL.
CONTINUED ON
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Vendor Copy
MIAMIBEACH Purchase Order
Bill To Fiscal Year 2016 Page:5 of 8
999999 HOURS
City of Miami Beach Monday-Friday THIS NUMBER MUST APPEAR ON ALL INVOICES.
Finance-Accounts Payable 8:30 a.m.-5:00 p.m. PACKAGES AND SHIPPING PAPERS.
1700 Convention Center Drive payables@miamibeachfl.gov Purchase Order# 24746 - 20
Miami Beach FL,33139
Phone:305-673-7405 Delivery must be made within doors of specified destination.
Vendor Ship To
50946 082100
FENTRESS ARCHITECTS, LTD., INC. CMO CONVENTION CENTER DISTRICT
421 BROADWAY 1700 CONVENTION CENTER DRIVE
DENVER. CO 80203 4TH FLOOR
Phone:303-722-5000 MIAMI BEACH,FL 33139
Email:Johanns@fentressarchitects.com Email:THEJL{rDMIAMIBEACHFL.GOV
Phone:305-673-7311
DEPARTMENT/LOCATION CONTRACT= REQUESTED BY
CMO CONVENTION CENTER DISTRICT 14-142-01 CMO CONVENTION CENTER
ORIGINAL DATE ORDERED FREIGHT METHOD/TERMS REQUISITION NUMBER
05/21/2014 FOBDestination 24746
ITEM# DESCRIPTION/PART# QTY UOM UNIT PRICE EXTENDED PRICE
Agreement between City of Miami Beach and Fentress
Architects for Design Criteria Professional Services for the
Miami Beach Convention Center Renovation Pursuant to
Request for Qualifications 2014-142ME.
Purchase Authority:Resolution No.2014-28538
2 10%Owner's Contingency 1.0 $317,857.00 $317,857.00
3 1.0 $31,691.00 $31,691.00
ADDITIONAL AMOUNT ADDED FOR AMENDMENT 31.BRINGING THE
TOTAL PO AMOUNT TO$27,898,829.SEE APPENDIX"A-31"FOR
ADDITIONAL DETAIL.
ADDITIONAL AMOUNT
LINE ITEM#3:
ADDITIONAL AMOUNT ADDED FOR AMENDMENT 31.BRINGING THE
TOTAL PO AMOUNT TO$27,898,829.SEE APPENDIX"A-31"FOR
ADDITIONAL DETAIL.
ADDITIONAL AMOUNT ADDED FOR AMENDMENT 22.BRINGING
THE TOTAL PO AMOUNT TO$27,321,248.SEE
APPENDIX"A-22"FOR ADDITIONAL DETAIL. Purchase
Authority: Resolution No. 2015-29188
4 1.0 $135,670.00 $135.670.00
ADDITIONAL AMOUNT ADDED FOR AMENDMENTS 32 BRINGING THE
TOTAL PO AMOUNT TO$27,910,259,SEE APPENDIX"A-32"FOR
ADDITIONAL DETAIL.
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Vendor Copy
MIAMIBEACH Purchase Order
Bill To Fiscal Year 2016 Page:7 of 8
999999 HOURS
City of Miami Beach Monday-Friday THIS NUMBER MUST APPEAR ON ALL INVOICES,
Finance-Accounts Payable 8:30 a.m.-5:00 p.m. PACKAGES AND SHIPPING PAPERS.
1700 Convention Center Drive payables@miamibeachfl.gov Purchase Order# 24746 - 20
Miami Beach FL,33139
Phone:305-673-7405 Delivery must be made within doors of specified destination.
Vendor Ship To
50946 082100
FENTRESS ARCHITECTS, LTD., INC. CMO CONVENTION CENTER DISTRICT
421 BROADWAY 1700 CONVENTION CENTER DRIVE
DENVER. CO 80203 4TH FLOOR
Phone:303-722-5000 MIAMI BEACH,FL 33139
Email:Johanns@fentressarchitects.com Email:THEJL@MIAMIBEACHFL.GOV
Phone:305-673-7311
DEPARTMENT/LOCATION CONTRACT# REQUESTED BY
CMO CONVENTION CENTER DISTRICT 14-142-01 CMO CONVENTION CENTER
ORIGINAL DATE ORDERED FREIGHT METHOD/TERMS REQUISITION NUMBER
05/21/2014 FOBDestination 24746
ITEM# DESCRIPTION/PART# QTY UOM UNIT PRICE EXTENDED PRICE
ADDITIONAL AMOUNT:$120,450.00
Convention Center project closed.
7 1.0 EACH $149,820.44 $149,820.44
ARCHITECTURAL SERVICES. PROFESSIONAL
REDUCED AMOUNT FOR AMENDMENT 49 BRINGING THE TOTAL PO
AMOUNT TO$29,421,442.SEE APPENDIX"A-49"FOR ADDITIONAL
DETAIL.
ADDITIONAL AMOUNT ADDED FOR AMENDMENT 46 BRINGING THE
TOTAL PO AMOUNT TO$29,335133.SEE APPENDIX"A-46"FOR
ADDITIONAL DETAIL.
ADDITIONAL AMOUNT:$129,750.00
ADDITIONAL AMOUNT ADDED FOR AMENDMENT 45 BRINGING THE
TOTAL PO AMOUNT TO$29,163,348.SEE APPENDIX"A-45"FOR
ADDITIONAL DETAIL.
ADDITIONAL AMOUNT:$44.325.00
Convention Center project closed.
8 ARCHITECTURAL SERVICES, PROFESSIONAL 1.0 EACH $111.289.00 $111,289.00
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Vendor Copy
Terms and Conditions
1. This purchase, blanket, or change order form properly signed by the Procurement Director or designee constitutes the entire agreement,
unless there is a supporting agreement between the parties.Terms stated by Vendor in accepting or acknowledging this order shall not be
binding unless accepted in writing by the City of Miami Beach, Florida (the City). Vendor may not transfer or assign this order without the
City's prior written consent.
2. Vendor affirms that neither it nor its principals have given a campaign contribution directly or indirectly to a candidate, or to the campaign
committee of a candidate,who has been elected to the office of mayor or city commissioner. If the vendor or any of its principals has given
such contribution, it may not accept this purchase order and must notify the Procurement Department immediately at
vendorsupportna miamibeachfl.gov..
3. Vendor shall suitably pack, mark, and ship in accordance with any instruction from the City and the requirements of common carriers to
secure the lowest transportation costs. Vendor shall be liable for any difference in freight charge or damage to the materials by its failure to
comply therewith. Vendor will send the City a "Notice of Shipment"giving the number of the order, kind and amount of materials and route
at or prior to time of shipment. All shipments shall include a packing slip. Each case or parcel must be labeled, showing the City s order
number and complete description of contents. Drop shipments and partials must be treated similarly.
4. Vendor shall render invoices as instructed on the face hereof immediately upon shipment or completion of order Separate invoices must be
rendered in duplicate for each order.All invoices must show our purchase or blanket order number. Invoices shall be in the same format as
stated on the face hereof,or in the supporting agreement. Inaccurate invoices shall be rejected and shall not be considered rendered.
5. The City may return any materials which are defective, unsatisfactory, or of inferior quality or workmanship, or fail to meet specification or
other requirements of this order. Such materials shall, unless accepted by the City, remain the property of Vendor and may be returned at
Vendor's risk and expense, and Vendor shall reimburse the City for all prior payments therefor and/or costs incurred in connection with
delivery or return of such materials.
6. Vendor warrants and represents that the materials will conform to the description and applicable specifications; shall be of good
merchantable quality and fit for the known purpose for which sold; shall be free and clear of all liens and encumbrances and that Vendor
has good merchantable title.This is in addition to any warranty or service guarantee given by Vendor to the City as provided by law.
7. Vendor shall comply, and has complied with all State, Federal and Local laws, regulations or order applicable to the purchase,
manufacture, processing and delivery of materials, including but not limited to the Fair Labor Standards Act, of 1938, as amended; the
provisions of Executive Order 10925.11114, and 11246, as amended,and any subsequent executive order relating to equal opportunity for
employment on government contracts and all Rules and Regulations of the President's Committee on Equal Opportunity; the
nondiscrimination clause contained in Section 202 of Executive Order 11246, as amended by Executive Order 11375, relative to Equal
Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and
regulations prescribed by Secretary of Labor, all of which are incorporated herein by reference.
8. If Vendor shall default in any respect, or become insolvent, or if a petition in bankruptcy or insolvency is filed by or against Vendor under
any State or Federal law, the City in addition to other rights or remedies, may terminate and cancel this order. A waiver of breach of any
provision shall not be a waiver of any other breach of such provision or of any other provisions. The City shall not, in any event, be liable to
Vendor for special,contingent,or consequential damages.
9. Delivery must be made within the time specified in this order. If the material is not delivered within such specified time,the City reserves the
right to cancel the order or any part thereof. When terms of delivery are FOB Destination, Vendor shall pay all transportation charges, and
when terms of delivery are FOB shipping point,freight charges shall be prepaid and added to invoice. All prices are considered FOB Miami
Beach, Florida, unless otherwise indicated. The City will not be responsible for merchandise delivered to any destination other than that
specified herein. Deliveries accepted 8:30 am to 4:30 PM. Monday through Fridays,except for holidays. Perishable material will be shipped
so as to arrive at destination on Monday through Friday.
10. All communications and acknowledgements concerning this order must show this purchase or blanket order number and be directed to:
The City of Miami Beach, City Hall Procurement Department, 1755 Meridian Avenue, Miami Beach, FL33139 or
vendorsupport@niamibeachfl..ov..
11. Vendor shall defend any suit or proceeding brought against the City, its officers, agents, and/or employees based on a claim that the
manufacture, sale, installation or the City intended use or resale of any of the materials covered constitutes infringement of any United
States Letters Patent, now or hereafter issued, or violates any other proprietary interest (including copyrights, trademarks and trade
secrets), if notified promptly in writing and given authority, information, and assistance (at Vendor s expense)for the defense of same: and
Vendor shall pay all damages and costs, including attomey's fees, awarded against the City in such suit or proceeding. In the event the
City is enjoined from use and/or resale of any of the materials covered by this order as a result of said suit or proceeding. Vendor shall (at
its expense)expend all reasonable efforts to procure for the City the right to use and/or resell said materials. If Vendor cannot so procure
the aforementioned right within a reasonable time, Vendor shall then promptly (at Vendor's expense): (1) modify said materials so as to
avoid infringement of any patent or other proprietary interest, and (2) pay reinstallation costs in connection therewith, or (3) remove said
materials and refund the purchase price and reimburse the City for the transportation and installation costs thereof. Vendor shall have the
same obligations with respect to any claim for infringement of foreign patents or violation of other foreign proprietary interests if the City
purchases hereunder for shipment to and for the use or resale in a foreign country and Vendor is so advised. This paragraph 10 shall
constitute the sole agreement relating to liability for infringement or violation of proprietary rights unless expressly revised or revoked in
writing.
12. Buyers remedies, in the event of default by Vendor, shall be as provided by law,except as otherwise provided herein.
13. If bid or contract terms, conditions and/or specification differ from those of this purchase or blanket order, the bid, contract or agreement
shall take precedence.
14. Vendor shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City,for the purpose of
influencing consideration of this order.
15. Vendor, in connection with providing the above referenced Services/Products on behalf of the City of Miami Beach, Florida, agrees to
indemnify and hold harmless the City and its officers, employees, agents, and contractors,from and against any and all actions(whether at
law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys fees and costs, for personal, economic or
bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of Vendor, its officers, employees, agents, contractors, or any other person or entity acting under
Vendor s control or supervision, in connection with, related to, or as a result of Vendor s performance under this Purchase Order. To that
extent, Vendor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorney's fees expended by the City in the defense of such claims and losses,
including appeals.
16. This contract shall be construed and governed in accordance with the laws of the State of Florida and any dispute arising hereunder shall
be resolved in a court of competent jurisdiction in Miami-Dade County, Florida.Vendor and City expressly waive any rights either party may
have to a trial by jury of any civil litigation related to, or arising out of, this Contract.
17. Call 305-673-7490NOICE to request material in accessible format or information on access for persons with disabilities. For more
4wf A vA B E AC H
City of Miami Beach, 1700 Convention Center Drive, Miami Beach,Flor ,www.miamibeachfl.gov
Office of the City Manager
Tel:305-673-7010, Fax:305-673-7782
TRANSMITTAL
TO: Alina T. Hudak, City Manager SENT VIA: Hand
Cc: Eric T. Carpenter, Deputy City Managery f
FROM: Maria Hernandez, Project Director !
DATE: March 18, 2024
SUBJECT: Convention Center Renovation & Expansion
Fentress Amendment No. 50
DESCRIPTION:
Amendment No. 50 to the Agreement with Fentress Architects for execution, for unused amounts in
prior amendments resulting in a total credit of-$67,517.20.
BACKGROUND:
The Convention Center Renovation & Expansion Project (project#28160) included the construction of
Pride Park (project #28170). The renovation/expansion of the building scope of work has been
completed, however the Pride Park scope of work remains active.
The agreement/purchase order for Fentress Architects included consulting services for the building and
the park. However, since the renovation/expansion of the building has been completed, the associated
construction administration services will no longer be required and must be credited accordingly, for a
total credit of$67,517.20. This will allow the Convention Center Renovation & Expansion Project to be
closed and removed from the City's Capital Budget Program.
The PO will remain open with a balance in the amount of$17,550, for services related to Pride Park
only.
The City Commission, via Resolution No. 2015-29188 (attached), delegated the City Manager the
authority to use the City Contingency to execute any project-related agreements or amendments as
necessary for the successful delivery of the project.
This Amendment has been reviewed and form approved by the City Attorney's Office.
We are committed to providing excellent public service and safety to all who live, work,and play in our vibrant,tropical,historic community