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RESOLUTION APPROVING FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN MIAMI-DADE COUNTY AND ARQUITECTONICA INTERNATIONAL, INC., A FLORIDA CORPORATION, FOR THE DESIGN, CONSTRUCTION DOCUMENTS AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE COCONUT GROVE PLAYHOUSE (PROJECT NO. A-14-CUA-01) FOR ADDITIONAL PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF A PARKING GARAGE BUILDING AND TO PROVIDE ADDITIONAL COMPENSATION IN THE AMOUNT OF $4,248,887.00, THEREBY RESULTING IN A TOTAL CONTRACT AMOUNT OF $6,647,567.00, INCLUSIVE OF REIMBURSEMENT AND CONTINGENCY/ADDITIONAL SERVICES ALLOWANCES, TO BE FUNDED FROM CONVENTION DEVELOPMENT TAX BONDS (SPECIAL OBLIGATION BOND SERIES 2005) AND PARKING REVENUES; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE FIRST AMENDMENT, TO EXERCISE ALL PROVISIONS CONTAINED THEREIN, AND TO ENFORCE ALL TERMS AND CONDITIONS THEREOF

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying
County Mayor�s memorandum, a copy of which is incorporated by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:

Section 1. This Board approves the first amendment to the Professional Services Agreement (PSA) between Miami-Dade County and Arquitectonica International, Inc. for the Coconut Grove Playhouse for the Department of Cultural Affairs Project No. A-14-CUA-01 (�Amendment�), in substantially the form attached hereto as Exhibit A and incorporated herein by reference, to provide additional compensation in the amount of $4,248,887.00 for additional necessary professional services, for a total contract amount not to exceed $6,647,567.00, inclusive of the contingency and reimbursable allowances, to be funded from Convention Development Tax (CDT) Special Obligation Bond Series 2005, and collected parking revenues.

Section 2. This Board authorizes the County Mayor or County Mayor�s designee to execute the Amendment, to exercise all provisions, including termination or cancellation provisions, contained therein and to enforce all terms and conditions thereof.

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Date:

To: Honorable Chairman Anthony Rodr�guez
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Coconut Grove Playhouse Project No. A14-CUA-01 GOB Amendment No.1 to the Professional Service Agreement with Arquitectonica International Inc.

STAFF RECOMMENDATION
Executive Summary
This item requests that the Board of County Commissioners approve Amendment No. 1 to the Professional Services Agreement (PSA) with Arquitectonica International Inc. for the Coconut Grove Playhouse project (Project No. A14-CUA-01). Amendment No.1 extends the term of the original agreement from six (6) years to a total of (14) years due to regulatory delays and prolonged litigation and grants two (2) additional (1) one-year options, and seeks to increase the contract amount by a total of $4,248,887.00, including $2,158,016.00 to complete the original scope and $2,090,871.00 for design and construction administration services related to the Project�s Parking Garage Building component. This Amendment increases the total PSA value from $2,398,680.00 to a not-to-exceed amount of $6,647,567.00. This Amendment is requested to revise compensation for Basic Services due to regulatory delays and prolonged litigation that required multiple remobilizations and additional updates to the construction documents, including separate work packages; and to authorize and fund design and construction administration services for the Parking Garage Building component, which was contemplated and included as an option in the original PSA. It is important to highlight that no additional funds have been authorized or remitted beyond the original contract value of $2,398,680.00. As the long-awaited Coconut Grove Playhouse project continues to make exciting progress after emerging from years of legal impediments, this amendment would guarantee that the County continues to work with Arquitectonica and their consulting team, based on their competitively awarded contract, in close collaboration with the project�s enduring partners Florida International University and Gable Stage to honor this historic landmark and return a valuable cultural asset to the Coconut Grove neighborhood.

Recommendation
It is recommended that the Board of County Commissioner (Board) approve Amendment No. 1 to the Professional Services Agreement (PSA) with Arquitectonica International Inc. (Arquitectonica), for the Coconut Grove Playhouse (Playhouse) project, including the Garage Building component, increasing the contract value to a total not-to-exceed amount of $6,647,567.00 and extending the original Agreement term agreement from six (6) years to a total of (14) years due to regulatory delays and prolonged litigation and grants two (2) additional (1) one-year options. As part of the Economic Stimulus Plan (ESP) list of projects approved by the Board via Resolution No. R-348-17 and in accordance with Section 2-8.2.7 of the Code of Miami-Dade County, Committee review of this item is not required.
Scope
The impact of this item is Countywide, as the Playhouse will serve the visitors and residents of the entire County. The facility is located in Commission District 7, which is represented by Commissioner Raquel A. Regalado.

This Amendment is necessary to:

1. Revise compensation for Basic Services due to regulatory delays and prolonged litigation that required multiple remobilizations and additional updates to the construction documents, including separate work packages; and

2. Authorize and fund design and construction administration services for the Parking Garage Building component, which was contemplated and included as an option in the original PSA.

PROJECT NAME: COCONUT GROVE PLAYHOUSE

PROJECT NO: A14-CUA-01 GOB

CONTRACT NO: A14-CUA-01

PROJECT LOCATION: 3500 Main Highway, Miami, FL 33133

PROJECT COMMISSION DISTRICT: District 7, Raquel A. Regalado

APPROVAL PATH: Board of County Commissioners

USING DEPARTMENT: Cultural Affairs

MANAGING DEPARTMENT: Cultural Affairs

PROJECT DESCRIPTION:

In 2015, the Board authorized the award of a PSA with Arquitectonica via resolution R-294-15 in an amount not to exceed $2,398,680.00 and a total contact term of four (4) years with two (2) additional (1) one-year options for the Coconut Grove Playhouse Project (Project No. A14-CUA-01). The original scope of work for this PSA includes architectural, engineering, and specialty consultant services to provide planning, design, construction documents, construction administration, and commissioning services to re-establish great regional theater at the Coconut Grove Playhouse property. While the project was intended to be completed by 2021, multiple court cases, in which the County prevailed, resulted in protracted delays and the need to re-engage and revise plans throughout the process, requiring regular revisions and work packages mandated by updates to building code, current equipment specifications and updated LEED rating system. In addition, the status of the historic front building once selective demolition began indicated a greater level of structural engineering, testing and renovation requirements. It is important to highlight that no additional funds have been authorized or remitted beyond the original contract value of $2,398,680.00.

Amendment No. 1 to Arquitectonica�s PSA will extend the original contract from six (6) years to a total of (14) years (April 21, 2015 through April 21, 2029) due to regulatory delays and prolonged litigation and grants two (2) additional (1) one-year options to extend the contract and will provide the necessary funds to complete the project.

Funds will compensate the consultants for additional efforts required to complete the project, including but not limited to: updates and re-work of plans and specifications due to additional regulatory approvals and meetings, code changes, changes in equipment and systems due to elapsed time, re-work of LEED certification due to rating system updates, inflation and price escalations that occurred during the protracted delays, several re-mobilization efforts, additional cost estimates, replenishment of Contingency/ Additional Services to meet the 10% estimate of the revised contract value, and for providing the following packages of work to accelerate Scope A while the documents for the balance of the project are updated, finalized, and ready for permitting as Scope B:

� Scope A � Asbestos abatement, extraction and storage of historic elements, structural stabilization of the historic front building and partial demolition, including revisions to the documents and additional repair procedures based on the advanced deterioration of the historic fa�ade walls; and
� Scope B � Rehabilitation of the historic Playhouse Gateway Building, construction of the new theater building and campus, and associated site work.

In addition, the option to provide services for the design, construction documents, and construction administration for a parking garage building contemplated in the solicitation is hereby being exercised to unify the campus� overall design and construction.

Article 7, �Compensation for Services,� is hereby amended to revise Sections 7.1,7.2, 7.3, and 7.4 to reflect increased compensation for Basic Services, Additional Services, and Reimbursable Expenses.

The Schedule of Payments is revised as follows:

Pursuant to Article 5.2, �Additional Services,� the County hereby authorizes the Consultant to perform architectural, engineering, and construction administration services for the Parking Garage Building component of the Project. These services include preparation of construction documents, coordination with regulatory agencies, bidding assistance, and construction administration services associated with the Garage Building, which was included as an optional service in the original competitive solicitation. Compensation for these Additional Services will not exceed $2,090,871.00 and is part of the revised total not-to-exceed contract amount stated above.

Delegation of Authority
The County Mayor and/or County Mayor�s designee is delegated the authority to execute and implement the Amendment to the contract and exercise all provisions, including cancellation provisions contained therein.

Fiscal Impact/Funding Source
Funding for the Playhouse project is included in the FY2025-2026 Adopted Budget and Multi-Year Capital Plan under Program No. 921070 (Volume 2, Page 186), Project #70416 and more specifically detailed below:


Revenue Name
Budget Reference
Fund Code Revenue Amount
a. Convention Development Tax (CDT) Special Obligation Bond Series 2005
b. Parking Revenues FY 2025-26 Adopted Budget
Volume 2, Page 186

a. CB017
b. CO001 a. $9,097,000
b. $5,400,000









The following chart represents the schedule of payments to reflect increased compensation for Basic Services, Additional Services, and Reimbursable Expense:



Track Record/Monitor
Ashlee Thomas, Interim Director of the Miami-Dade County Department of Cultural Affairs, oversees the Department�s management of all contracts, including this PSA and is responsible for monitoring the PSA and will oversee the implementation of these funds. The Department has a track record of successfully implementing capital grants and managing and programming cultural facilities.
Background
In 2013, Miami-Dade County and Florida International University (FIU), entered into a long-term lease agreement with the State of Florida for the development and management of the Playhouse. Following a competitive selection process, the Board approved resolution R-294-15 awarding a PSA to Arquitectonica in an amount not to exceed $2,398,680.00 and with a contract term of four (4) years with two (2) additional (1) one-year options to extend the contract to provide architectural, engineering, and specialty consultant services for the Playhouse project. The solicitation included the option to provide design, construction documents, and construction administration services for a parking garage as an additional service. Having Arquitectonica design the parking garage provides continuity of aesthetics and simplifies the coordination of the design, permitting, and construction administration of all site components. This PSA Amendment includes funds to exercise that option and extend the terms of the agreement.

The project is located within the City of Miami (City) and subject to the City�s regulatory requirements for development. As part of the regulatory approval process, the project was reviewed by the City�s Historic and Environmental Preservation Board (HEPB) in April 2017 for the master plan concept, the Coordinated Review Committee in January 2018, the Urban Development Review Board in February 2018, the Planning Zoning and Appeals Board (PZAB) in November 2018, and the HEPB again in March 2019 for the full project scope. Although the project had not significantly deviated from the master plan presented two years earlier and the City�s own professional historic preservation staff recommended approval, in 2019, the HEPB denied the County's application. The County appealed the HEPB decision to the City Commission, which approved the project�s Certificate of Appropriateness in May 2019. The City Mayor subsequently vetoed the City Commission�s approval, initiating a series of legal proceedings with the courts repeatedly ruling in favor of the County and culminating in May 2022.

The County then resumed the permitting process by applying for a demolition waiver, which was approved by City staff, but was appealed by two private citizens, sending the application before the City�s PZAB. The PZAB erroneously upheld the appeal during their March 15, 2023 meeting. The County was again forced to avail itself of legal proceedings to obtain relief. The subsequent legal challenges delayed any work on the project until the final legal motion by the opponents was denied by the Third District Court of Appeal in October 2024.

These prolonged delays require additional efforts from the consultant team including several re-mobilizations, updates to construction documents, revisions to specifications, additional regulatory reviews, updates for LEED certification requirements, updated cost estimates, etc. This Amendment compensates Arquitectonica and its sub-consultants for these additional required efforts, including cost and time escalations, and exercises the option contemplated in the solicitation to add services related to developing the Garage Building.
As the long-awaited Coconut Grove Playhouse project continues to make exciting progress after emerging from years of legal impediments, this amendment would guarantee that the County continues to work with Arquitectonica and their consulting team, based on their competitively awarded contract, in close collaboration with the project�s enduring partners Florida International University and GableStage to honor this historic landmark and return a valuable cultural asset to the Coconut Grove neighborhood.


Attachment � Amendment No. 1 to the Professional Service Agreement with Arquitectonica International Inc.



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Jimmy Morales
Chief Operating Officer