Amendment No. 2 to the PAE with James Corner Field Operations, LLC. AMENDMENT NO. 2
TO THE PROFESSIONAL ARCHITECTURAL
AND
ENGINEERING (NE) SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
JAMES CORNER FIELD OPERATIONS, L.L.C.
DATED JUNE 23, 2016
FOR THE MODIFICATION OF THE TERMS SET FORTH UNDER SECTION 4.2.2 OF
THE PROFESSIONAL ARCHITECTURAL (NE) SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND JAMES CORNER FIELD
OPERATIONS, L.L.C.
nt is m
THIS Amendment No. 2 to the Agreement thisi10 day g emadedeandentered1 of
`h7 , 2017, by and between the CITY OF MIAMI BEACH, a municipal
corporation existing under the laws of the State of Florida (the "City"), having its principal
offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and JAMES
CORNER FIELD OPERATIONS, L.L.C. a Pennsylvania Limited Liability Company having its
p r i n c i pa I office at 475 10th Avenue, 9th Floor, New York, NY 10018 (the "Consultant").
RECITALS
WHEREAS, on June 23, 2016, pursuant to Request for Qualifications (RFQ) No.
2015-245-KB, the Mayor and City Commission adopted Resolution No. 2016-29319,
approving and authorizing the Mayor and City Clerk to execute an Agreement with James
Corner Field Operations, L.L.C. for Professional Architecture and Engineering Services for
the Lincoln Road District Improvements Project(the Agreement); and
WHEREAS, the Agreement provides for the architectural, engineering, landscape
architecture, surveying, infrastructure, limited historic preservation, signage and
wayfinding, cost estimating, and permitting as necessary for the Lincoln Road District
Improvements Project (the "Project"), including the design, bidding and award services,
and construction administration for the Project; and
WHEREAS, the Agreement was executed for a lump sum amount of
$3,861,000; and
WHEREAS, on February 8, 2017, City Commission adopted Resolution No. 2017-
29746 approving Amendment No. 1 in the amount of $1,274,000, for additional architectural
and engineering services associated with the implementation of the vision of the Lincoln Road
Master Plan; and
WHEREAS, Amendment No. 1 included a negotiated credit for the design services for
the 17th Street Component, incorporation of a security barrier system, and extension of the
geographic area of the Project to include the area of the Lincoln Road Mall from Washington
Avenue to Collins Avenue (200-300 Blocks) as contemplated in the Lincoln Road Master Plan;
and
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James Corner Field Operations,L.L.C.,Amendment No.2
WHEREAS, Amendment No. 1 modified Section 4.1 of the Agreement to establish a
new Construction Cost Budget of$43 Million for the Project; and
WHEREAS, Amendment No. 2 to the Agreement increases the Construction Cost
Budget for the Project from $43 Million to $46 Million; and
WHEREAS, this Amendment No. 2 revises the terms set forth under Section 4.2.2 of the
Agreement to increase the variance within the Consultant's Statement of Probable Construction
Cost from plus or minus ten percent(+/-10%) to plus or minus twenty percent (+/-20%).
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. 2.
2. MODIFICATIONS
(a) Section 4.1 of the Agreement is amended as follows: "The City has established the
Construction Cost Budget of $13 Million $46 Million for the Project, inclusive of the
Lincoln Road Pedestrian Mall and Connectors. This amount does not include
construction costs for the security barrier system. Consultant shall design the Project
so that the Construction Cost Budget for the Project is not exceeded. As part of the
Basic Services, Consultant shall design and/or re-design the Project to the Construction
Cost Budget in accordance with this Article 4, making all revisions necessary to
maintain the Construction Cost Budget. Consultant shall attend meetings with the City
to review and discuss cost estimates, cost-saving alternatives, and implementation or
revision of the Design Documents and Construction Documents to address such items,
as necessary to meet the established budget parameters set forth in the City
Construction Budget."
(b) Section 4.2.2 of the Agreement is amended as follows: "At the 30%, 60%, and
75% completion of the Design Documents, Consultant shall update its Statement of
Probable Construction Cost, which must include an estimated Construction Cost for
the Project within a range of plus or minus ten percent (+1 10%) twenty percent (+/-
20%) of the Construction Cost Budget. If at the foregoing stages of design the
Consultant's Statement of Probable Construction Cost exceeds the City's
Construction Budget by more than ten percent (10%) twenty percent (20%), the
Project Coordinator shall provide notice thereof to the Consultant. Consultant shall
then identify the cause(s) for the difference and recommend in writing for the City's
approval any modification in the Design Documents necessary to conform the
Consultant's estimated total costs in the Statement of Probable Construction Cost
to within ten percent (10%) twenty percent (20%) of the City's construction Budget.
Upon obtaining City's approval of any proposed modifications, Consultant shall
incorporate such modifications within the Design Documents as part of the Basic
Services and at no additional cost to the City."
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James Corner Field Operations,L.L.C.,Amendment No.2
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged and shall remain
in full force and effect.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended by this
Amendment No. 2.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
be executed in their names by their duly authorized officials as of the date first set forth
above.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
cJ 1w :a; ► S t1-
Rafael E. G -nado, C_1"Ccbe .......... mom. or°i► Mo ales, City Manager
•
; V y .
0 * IIN OC RP ORATED--
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'
ATTEST: /' CONt 'ANT:
j\-7/65)„..'••••....... A 4 ORNER FIELD OPERATIONS, L.L.C.
/ t
Isabel Castilla James Corner, President
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
Page 3 of 3 City Attorney Date
James Corner Field Operations,L.L.C.,Amendment No.2