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Resolution 2022-32181 RESOLUTION NO. 2022-32181 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THE ARCHITECTURAL AND ENGINEERING (NE) DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND JAMES CORNER FIELD OPERATIONS, L.L.C., FOR ADDITIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR REVISIONS TO THE CURRENT DESIGN BASED ON THE REDUCED SCOPE OF WORK FOR THE LINCOLN ROAD IMPROVEMENTS PROJECT, IN THE NOT-TO-EXCEED AMOUNT OF $2,730,080, WITH PREVIOUSLY APPROPRIATED FUNDING. WHEREAS, on March 9, 2016, the City Commission adopted Resolution No.2016-29319, awarding the contract for Architectural and Engineering Design Services for Lincoln Road District to James Corner Field Operations. LLC. (JCFO); and WHEREAS, the types of improvements proposed along the district include enhancement of pedestrian walkways and café zones, modifications to the existing planters and water features, new landscape and irrigation, cosmetic repairs to historic Lapidus structures, drainage improvements, new lighting and signalization/wayfinding, performance/multipurpose areas in the 500 and 600 Blocks, outdoor,furnishings at selected locations, gateway trellis at the 400 Block, replacement of underground infrastructure, crosswalk enhancements, and milling and resurfacing of asphalt paving; and WHEREAS, the agreement was negotiated and executed on June 23, 2016, in the total amount of$3,861,000; and WHEREAS, July 14, 2016, the City issued Notice to Proceed 1, to commence with Design and Engineering Services; and WHEREAS, on February 8, 2017, the Mayor and City Commission adopted Resolution 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, on May 16, 2017, the City Manager administratively executed Amendment No. 2, changing and adjusting the terms of the agreement; and WHEREAS, construction cost estimates prepared using the 50% construction documents indicated a projected construction cost of $65M, resulting in the total project cost being approximately $27M over budget and as a result of the shortfall and extensive discussions, the Lincoln Road Business Improvement District ("LRBID") made a commitment to expand the limits of the business improvement district and provide additional funding for programming; and WHEREAS, on July 31, 2019, pursuant to the Administration's recommendation and contingent on the commitment from the LRBID, the Mayor and City Commission approved and authorized proceeding with the bidding and construction phases of the project, including a reduction in scope and appropriation of additional funding, bringing the total project budget to $67.6M; and WHEREAS, on March 12, 2020, the City of Miami Beach declared a State of Emergency in response to the Coronavirus 2019 Pandemic (COVID-19) and announced various emergency measures to mitigate the spread of COVID-19, including the immediate closure of non-essential retail businesses which impacted the commercial businesses along the Lincoln Road corridor; and WHEREAS, market conditions and uncertainty within the construction industry resulted in the project's Construction Manager At Risk advising the City to delay the Guaranteed Maximum Price(GMP)preparation process, in order to ensure greater participation by potential bidders and despite JCFO having completed 90% construction documents, the Administration agreed that postponing the bid process was in the best interest of the project; and WHEREAS, during the Summer of 2020, City staff and representatives of the LRBID met numerous times to explore and discuss options on how to proceed and in light of the economic impact of the pandemic on the City, the related closures of Lincoln Road businesses, the inability of the LRBID to meet their commitment and the upcoming impact of the construction phase of the project, the Administration made the determination and advised the project team and the LRBID that the project scope would be reduced to minimize construction impact and the project budget would be limited to the $52.4M in funding already available to the project; and WHEREAS, city staff and the LRBID further discussed potential scope reductions in order to reduce the scope and cost of the project to the available $52.4M total budget; and WHEREAS, City staff proposed maintaining the following within the project scope: • Infrastructure upgrades and improvements at Meridian and Drexel Avenues (water, sanitary sewer& storm drainage) • Meridian Avenue improvements • Pedestrianization of Drexel Avenue • Restoration/repair of fountains and repair of associated equipment • Restoration of the Lapidus follies • Upgrade existing light fixtures at existing locations • Implementation of the concept for the Euclid Avenue oval • Refurbishing the seating areas along the Lincoln Road corridor • Refinish the existing piano keys using a more durable traffic coating • Restoration of aluminum grates of at existing trench drains • Lincoln Road directional and informational signage package • A more significant Lincoln Road gateway sign at Washington Avenue, which also serves as a component of the security barrier system • A matching Lincoln Road gateway sign at Alton Road, which also serves as a component of the security barrier system (this location and scope falls outside the original limits of the project) • Design and installation of a playground • Security barrier system, including planters, bollards, furnishings, etc. City staff proposed elimination or reduction of the following: • Omit the gateway trellis at Washington Avenue • Eliminate, to the extent possible, all removal and replacement of concrete paving within the pedestrian areas of Lincoln Road • Reduced landscaping & irrigation improvements • Reduced site furnishings • Eliminate proposed light pole and fixture upgrades • Eliminate electrical upgrades, specifically at electrical rooms • Eliminate traffic signalization and crosswalk improvements • Omit security camera infrastructure • Omit, to the extent possible, any under-pavement work so as to preserve the existing pavement WHEREAS, on January 13, 2021, the Mayor and City Commission adopted Resolution 2021-31552, accepting the recommendation of the Administration to reduce the scope of the project as reflected above, and authorizing the Administration to request a proposal and amend the agreement with JCFO to revise the drawings to complete the project within the total allocated budget of approximately $52.4 million, equating to a construction budget of $34 million to $36 million inclusive of $5.2 million for water/sewer and drainage infrastructure work, funded separately from alternate funding sources; and WHEREAS, on February 2, 2021, staff requested a proposal from JCFO to redesign the Lincoln Road Project, incorporating the reduced scope; and WHEREAS,from February through May 2021, City staff and representatives of JCFO met numerous times to discuss the revised scope of work and the allocated total project budget of $52.4 million; and WHEREAS, on May 24, 2021 JCFO submitted a letter with attachments via email to the Mayor, City Commissioners & City Manager listing a series of concerns and proposing a phased plan approach for the reduced scope of work and reduced budget; and WHEREAS, following the receipt of the letter, the City Manager and staff met with members of the LRBID, to discuss the project and during that meeting, the reduced scope and JCFO's concerns were discussed; and WHEREAS, the LRBID indicated no objection to the reduced scope and asked if they could communicate directly with JCFO, in order to try and resolve the concerns; and WHEREAS, subsequently, City staff and representatives from the City Manager's office have continued to discuss this item with JCFO and were unable to agree on a path to move the project forward that would be represented in their proposal; and WHEREAS, the City has a need to restore, upgrade, repair or replace many of the critical elements and features along the corridor, however, JCFO did not believe that these items should be included in their proposal; and WHEREAS, on October 22, 2021, the Finance and Economic Resiliency Committee agreed to discuss, without any motion, the project at the December 8, 2021 City Commission meeting and requested that staff create a list of critical elements and features along the corridor, identifying the potential available funding for design specific improvements; and. WHEREAS, on December 8, 2021, the City Commission discussed the project and directed the Administration to include $5.2M of RDA funding, previously set aside, allowing the project to utilize the full, available budget of$57.6M, and pursue an agreement with JCFO; and WHEREAS, the Commission further directed the Administration that, if an agreement could not be reached with JCFO, to proceed with the preparation and issuance of a new Request for Qualifications for design and engineering services, in order to complete the project; and WHEREAS, on April 15, 2022 the City received JCFO's proposal for the revised design based on the reduced scope of work for the Lincoln Road Improvements Project; and WHEREAS, on May 3, 2022 a virtual meeting was held with the City Attorney's office, JCFO's counsel and City staff to discuss the proposed language for the contract amendment; and WHEREAS, on May 27, 2022 the City received JCFO's revised and negotiated proposal for the redesign that included all relevant fees and the revised language amending the terms of the original agreement; and WHEREAS, this Amendment No. 3 will revise the total agreement amount to $3,839,318.48; and WHEREAS, the City Attorney's Office has reviewed the revised language, and made further suggested revisions for the consideration of JCFO's counsel, which JCFO has approved; and WHEREAS, City Staff has prepared Amendment No. 3 (Exhibit A), to the existing Professional Services Agreement with JCFO for the Lincoln Road District Redevelopment Project, in the not to exceed amount of$2,730,080; and WHEREAS,the total amount of the contract including Amendment No. 3,will be increased to $7,865,080 and the expected time to redesign and prepare the construction documents is twelve (12) months; and WHEREAS, the Administration recommends that the City Commission approve the resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute Amendment No. 3 to the Architectural and Engineering (NE) Design Services Agreement between the City of Miami Beach, Florida and James Corner Field Operations, L.L.C., for additional architectural and engineering design services for revisions to the current design based on the reduced scope of work for the Lincoln Road Improvements Project, in the not-to-exceed amount of $2,730,080, with previously appropriated funding. PASSED AND ADOPTED this aa' day of /441" 2022. ATTEST: 16<-2-2- JUN 2 3 2022RAFAEL E. RANADO, CITY CLERK DAN GELBER, MAYOR RCORr ORATED 3 Q^ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 6 --13 - ?2 City Attorney Date Resolutions-C7 B MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: June 22, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THE ARCHITECTURAL AND ENGINEERING (NE) DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND JAMES CORNER FIELD OPERATIONS, L.L.C., FOR ADDITIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR REVISIONS TO THE CURRENT DESIGN BASED ON THE REDUCED SCOPE OF WORK FOR THE LINCOLN ROAD IMPROVEMENTS PROJECT IN THE NOT-TO-EXCEED AMOUNT OF $2,730,080, WITH PREVIOUSLYAPPROPRIATED FUNDING. BACKGROUND/HISTORY On March 9, 2016, the City Commission adopted Resolution No.2016-29319, awarding the contract for Architectural and Engineering Design Services for Lincoln Road District to James Corner Field Operations. LLC. (JCFO). The types of improvements proposed along the district include enhancement of pedestrian walkways and café zones, modifications to the existing planters and water features, new landscape and irrigation, cosmetic repairs to historic Lapidus structures, drainage improvements, new lighting and signalization/wayfinding, performance/multipurpose areas in the 500 and 600 Blocks, outdoor furnishings at selected locations, gateway trellis at the 400 Block, replacement of underground infrastructure, crosswalk enhancements, and milling and resurfacing of asphalt paving.The agreement was negotiated and executed on June 23,2016, in the total amount of$3,861,000. On July 14, 2016, the City issued Notice to Proceed 1, to commence with Design and Engineering Services. On February 8, 2017, the Mayor and City Commission adopted Resolution 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. On May 16, 2017, the City Manager administratively executed Amendment No. 2, changing and adjusting the terms of the agreement. Page 226 of 1232 Construction cost estimates prepared using the 50% construction documents indicated a projected construction cost of $65M, resulting in the total project cost being approximately $27M over budget. As a result of the shortfall and extensive discussions, the Lincoln Road Business Improvement District (LRBID) made a commitment to expand the limits of the business improvement district and provide additional funding for programming. On July 31, 2019, pursuant to the Administration's recommendation and contingent on the commitment from the LRBID, the Mayor and City Commission approved and authorized proceeding with the bidding and construction phases of the project, including a reduction in scope and appropriation of additional funding, bringing the total project budget to$67.6M. On March 12, 2020, the City of Miami Beach declared a State of Emergency in response to the Coronavirus 2019 Pandemic (COVID-19) and announced various emergency measures to mitigate the spread of COVI D-19, including the immediate closure of non-essential retail businesses which impacted the commercial businesses along the Lincoln Road corridor. Market conditions and uncertainty within the construction industry resulted in the project's Construction Manager At Risk advising the City to delay the Guaranteed Maximum Price (GMP) preparation process, in order to ensure greater participation by potential bidders. Despite JCFO having completed 90% construction documents, the Administration agreed that postponing the bid process was in the best interest of the project. During the Summer of 2020, City staff and representatives of the LRBID met numerous times to explore and discuss options on how to proceed. In light of the economic impact of the pandemic on the City, the related closures of Lincoln Road businesses, the inability of the LRBID to meet their commitment and the upcoming impact of the construction phase of the project,the Administration made the determination and advised the project team and the LRBID that the project scope would be reduced to minimize construction impact and the project budget would be limited to the$52.4M in funding already available to the project. City staff and the LRBID further discussed potential scope reductions in order to reduce the scope and cost of the project to the available $52.4M total budget. City staff proposed maintaining the following within the project scope: • Infrastructure upgrades and improvements at Meridian and Drexel Avenues (water, sanitary sewer&storm drainage) • Meridian Avenue improvements • Pedestrianization of Drexel Avenue • Restoration/repair of fountains and repair of associated equipment • Restoration of the Lapidus follies • Upgrade existing light fixtures at existing locations • Implementation of the concept for the Euclid Avenue oval • Refurbishing the seating areas along the Lincoln Road corridor • Refinish the existing piano keys using a more durable traffic coating • Restoration of aluminum grates of at existing trench drains • Lincoln Road directional and informational signage package •A more significant Lincoln Road gateway sign at Washington Avenue, which also serves as a component of the security barrier system Page 227 of 1232 • A matching Lincoln Road gateway sign at Alton Road, which also serves as a component of the security barrier system (this location and scope falls outside the original limits of the project) • Design and installation of a playground • Security barrier system, including planters, bollards,furnishings, etc. City staff proposed elimination or reduction of the following: • Omit the gateway trellis at Washington Avenue • Eliminate, to the extent possible, all removal and replacement of concrete paving within the pedestrian areas of Lincoln Road • Reduced landscaping & irrigation improvements • Reduced site furnishings • Eliminate proposed light pole and fixture upgrades • Eliminate electrical upgrades, specifically at electrical rooms • Eliminate traffic signalization and crosswalk improvements • Omit security camera infrastructure • Omit, to the extent possible, any under-pavement work so as to preserve the existing pavement On January 13, 2021, the Mayor and City Commission adopted Resolution 2021-31552, accepting the recommendation of the Administration to reduce the scope of the project as reflected above, and authorizing the Administration to request a proposal and amend the agreement with JCFO to revise the drawings to complete the project within the total allocated budget of approximately $52.4 million, equating to a construction budget of $34 million to $36 million inclusive of $5.2 million for water/sewer and drainage infrastructure work, funded separately from alternate funding sources. ANALYSIS On February 2, 2021, staff requested a proposal from JCFO to redesign the Lincoln Road Project, incorporating the reduced scope. From February through May, 2021, City staff and representatives of JCFO met numerous times to discuss the revised scope of work and the allocated total project budget of$52.4 million. On May 24, 2021 JCFO submitted a letter with attachments via email to the Mayor, City Commissioners & City Manager listing a series of concerns and proposing a phased plan approach for the reduced scope of work and reduced budget. Following the receipt of the letter, the City Manager and staff met with members of the LRB I D, to discuss the project. During that meeting, the reduced scope and JCFO's concerns were discussed. The LRBID indicated no objection to the reduced scope and asked if they could communicate directly with JCFO, in order to try and resolve the concerns. Subsequently, City staff and representatives from the City Manager's office have continued to discuss this item with JCFO and were unable to agree on a path to move the project forward that would be represented in their proposal.The City has a need to restore, upgrade, repair or replace many of the critical elements and features along the corridor. JCFO did not believe that these items should be included in their proposal. Page 228 of 1232 On October 22, 2021, the Finance and Economic Resiliency Committee agreed to discuss, without any motion, the project at the December 8, 2021 City Commission meeting and requested that staff create a list of critical elements and features along the condor, identifying the potential available funding for design specific improvements. On December 8, 2021, the City Commission discussed the project and directed the Administration to include $5.2M of RDA funding, previously set aside, allowing the project to utilize the full, available budget of $57.6M, and pursue an agreement with JCFO. The Commission further directed the Administration, if an agreement could not be reached with JCFO, to proceed with the preparation and issuance of a new Request For Qualifications for design and engineering services, in order to complete the project. On April 15, 2022 the City received JCFO's proposal for the revised design based on the reduced scope of work for the Lincoln Road Improvements Project. The proposal did not include one of the subconsultant's fees but did include proposed language to amend the terms of the original Agreement, which the City Attorney's office has subsequently reviewed, found unacceptable and requested modifications. On May 3, 2022 a virtual meeting was held with the City Attorney's office, JCFO's counsel and City staff to discuss the proposed language for the contract amendment. On May 27, 2022 the City received JCFO's revised and negotiated proposal for the redesign that included the missing subconsultant fee and the revised language amending the terms of the original agreement. The City Attorney's Office has reviewed the revised language, and made further suggested revisions for the consideration of JCFO's counsel. JCFO has approved the suggested revisions. City Staff has prepared Amendment No. 3 (Exhibit A), to the existing Professional Services Agreement with JCFO for the Lincoln Road District Redevelopment Project, in the not to exceed amount of$2,730,080. The total amount of the contract including Amendment No. 3 will be increased to $7,865,080. The expected time to redesign and prepare the construction documents is twelve (12)months. SUPPORTING SURVEY DATA Not applicable. FINANCIAL INFORMATION Not applicable. Amounts)/Account(s): Amount 1 $1,840,564.00 Account 1 164-0820-061357-00-410-549-00-00-00-29300-RDA Cash Funded CC Project Amount 2$889,516.00 Account 2 309-0820-061357-00-410-549-00-00-00-29310-RDA Bond CC Project Applicable Area South Beach Page 229 of 1232 Is this a"Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Non-Applicable Legislative Tracking Capital Improvement Projects ATTACHMENTS: Description D Exhibit A-JCFO Proposal Dated 5-27-22 o Resolution Page 230 of 1232 Exhibit A AMENDMENT NO. 3 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 ADDITIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES TO IMPLEMENT THE REDUCED SCOPE OF WORK FOR THE LINCOLN ROAD IMPROVEMENTS PROJECT IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $2,730,080.00 OF THE PROFESSIONAL ARCHITECTURAL (NE) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND JAMES CORNER FIELD OPERATIONS, L.L.C. THIS Amendment No. 3 to the Agreement is made and entered this day of , 2022, 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 principal office at 475 10t 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 July 14, 2016, the City issued Notice to Proceed 1, to commence with Design and Engineering Services; 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 Page 1 of 4 James Corner Field Operations,L.L.C.,Amendment No.3 Page 231 of 1232 Exhibit A the 17t 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 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, 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%); and WHEREAS,on March 12, 2020, the City of Miami Beach declared a State of Emergency in response to the Coronavirus 2019 Pandemic (COVID-19) and announced various emergency measures to mitigate the spread of COVID-19, including the immediate closure of non-essential retail businesses which impacted the commercial businesses along the Lincoln Road corridor; and WHEREAS, market conditions and uncertainty within the construction industry resulted in the project's Construction Manager At Risk advising the City to delay the Guaranteed Maximum Price (GMP) preparation process, in order to ensure greater participation by potential bidders; and WHEREAS, despite JCFO having completed 90% construction documents, the Administration agreed that postponing the bid process was in the best interest of the project; and WHEREAS, during the Summer of 2020, in light of the economic impact of the pandemic on the City, the related closures of Lincoln Road businesses, the inability of the Lincoln Road Business Improvements District (LRBID) to meet their commitment to expand the upcoming impact of the construction phase of the project, the Administration made the determination and advised the project team and the LRBID that the project scope would be reduced to minimize construction impact and the project budget would be limited to the$52.4 million in funding already available to the project; and WHEREAS, city staff and the LRBID discussed potential scope reductions in order to reduce the scope and cost of the project to the available $52.4 Million budget; and WHEREAS, on January 13, 2021, the City Commission directed the Administration to request a proposal and amend the agreement with Consultant to revise the drawings per the further reduced scope of work and within an allocated total budget of approximately$52.4 million, equating to a construction budget of $34 million to $36 million inclusive of $5.2 million for water/sewer and drainage infrastructure work, funded separately from alternate funding sources adopting Resolution 2021-31552; and WHEREAS on February 2, 2021, staff requested a proposal from the Consultant to redesign the Lincoln Road Project, incorporating the reduced construction scope (Attachment A); and WHEREAS on May 24, 2021 the Consultant submitted a letter with attachments via email Page 2 of 4 James Corner Field Operations,L.C.C.,Amendment No.3 Page 232 of 1232 Exhibit A to the Mayor, City Commissioners & City Manager listing a series of concerns and proposing a phased plan approach for the reduced scope of work and reduced budget; and WHEREAS, on December 8, 2021, The City Commission agreed to increase the project budget to $57.6M; and WHEREAS on May 27, 2022, city staff received the proposal from the Consultant to redesign and incorporate the reduced construction scope of work in the amount $2,730,080 (Exhibit A) increasing the total cost of the Agreement to $7,865,000; and WHEREAS, City staff has reviewed the proposal and found it to be fair and reasonable 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. 3. 2. MODIFICATIONS The Agreement is amended, as provided herein and in attached services proposal May 27, 2022. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged except for: 1. The following sentence shall be inserted at the end of Section 3.2: Notwithstanding the foregoing, Consultant may ask the Construction Manager at Risk(i) to review existing site conditions that require examination beyond that visually available to the Consultant, (ii) to test existing utility service capacity and ail) to examine the condition of existing infrastructure to assess the feasibility of connecting plumbing, drainage or electrical components included in the Project to such existing infrastructure. Consultant shall be entitled to rely upon the accuracy and completeness of any such written information provided by the Construction Manager at Risk to Consultant, except to the extent Consultant knows or has reason to believe that any such information is inaccurate or incomplete. 2. Section 12.3 shall be added to Article 12 and read: Notwithstanding the foregoing, to the fullest extent permitted by law, and subject to the limitation on the City's liability, as set forth in Section 768.28, Florida Statutes, the City agrees to indemnify and hold harmless Consultant, its officers, directors, members, agents, employees, affiliates, predecessors, successors, heirs, personal representatives and assigns, from and against any liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees, to the extent they arise from Consultant's failure to render services that are not specifically contained in the revised Scope of Services dated as of May 27, 2022, annexed hereto as Exhibit A.2022, or reasonably inferable from such Scope of Services. 4. RATIFICATION. Page 3 of 4 James Corner Field Operations,L.L.C.,Amendment No.3 Page 233 of 1232 Exhibit A The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 3. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed in their names by their duly authorized officials as of the date first set forth above. Attachments: Exhibit A—James Corner Field Operations Proposal Dated 5-27-22 ATTEST: CITY OF MIAMI BEACH, FLORIDA Rafael E. Granado, City Clerk Alina T. Hudak, City Manager ATTEST: CONSULTANT: JAMES CORNER FIELD OPERATIONS, L.L.C. James Corner, President Page 4 of 4 James Corner Field Operations,L.L.C.,Amendment No.3 Page 234 of 1232 Exhibit A JAM ES CORNER FIELD OPERATIONS Ariel Guitian Capital Projects Coordinator Office of Capital Improvements Projects 1700 Convention Center Drive Miami Beach, FL 33139 04.15.2022 Revised: 05.27.2022 Ariel: I am submitting a proposal for landscape architectural design and engineering services associated a revised scope of work for the Lincoln Road District Improvements. This proposal is based on the City of Miami Beach Commission approved construction budget of $36 million dollars and on the scope of work outlined by you on an email of January 14, 2022. In addition, this proposal also includes an add-alternate fee for Schematic Design services associated with the Lincoln Road Business Improvement District scope listed on a letter dated of February 18, 2022. This proposal includes the following documents: Prime Agreement Amendment: - Proposed language amendments to the Agreement between the City of Miami Beach and James Corner Field Operations, L.L.0 for Professional Architectural and Engineering Design Services for the Lincoln Road District Resolution No. 2016- 29319, dated June 23, 2016 ("Prime Agreement") o Proposed language amendments are being submitted for the City's consideration in light of the nature of the City requested revised scope of work as permitted by Article 1, item 1.16 Contract Amendment. Schedule A.2022- Revised Scope of Services - This document supersedes the following documents included in the June 23, 2016 Agreement: o Schedule A-Scope of Services o Schedule D- Construction Budget o Schedule I- Phasing Diagrams o Schedule K- Meeting scope o Schedule L- Infrastructure Scope Schedule B.2022-Consultant compensation and travel expense outline - This document supersedes all unused fees and reimbursable expenses included on Schedule B- Consultant Compensation and all unused fees included in previously approved additional services 01 to 08. Page 235 of 1232 475 tenth avenue, new york, ny 10015.212 433 1450 fieldoperations.net Exhibit A JAMES CORNER FIELD OPERATIONS - This document includes fees for new additional services under Task 1- Schematic Design Reconciliation and Task 2-Construction Documents. - This document includes revised fees for Task 3- Bidding and Construction Observation - This document includes new fees for reimbursable expenses and for travel expenses. Schedule C.2022-Consultant Hourly Billing Rates - This document supersedes Schedule C- Consultant Hourly Rates included in the June 23, 2016 Agreement as permitted by Article 7, item 7.5-Escalation. Schedule E.2022- Revised Project Schedule - This document supersedes Schedule E- Project Schedule included in the June 23, 2016 agreement. Consultants - Rodriguez & Quiroga, the project's historic preservation architects in charge of the folly and historic fountain restoration closed their offices earlier this year. As a result, we are proposing Bermello Ajamil & Partners take on their scope. This proposal includes their fees. - The following consultants no longer have relevant scope based on revised project scope and therefore are not included in this proposal: Robert Silman Associates Structural Engineers and CMS, Inc. My Very Best Regards, Isabel Castilla' Principal in charge Page 236 of 1232 2 Exhibit A Amendment to Lincoln Road District Agreement The Agreement entered into between the City of Miami Beach and James Corner Field Operations,dated ,_2016 shall hereby be amended as follows: 1. Section 3.2 shall be deleted in its entirety and amended to read: Consultant shall be entitled to rely on the truth, accuracy, and completeness of any and all information provided by the City's consultants, including the Construction Manager at Risk and their subcontractors, as they relate to the review of existing site conditions that require examination beyond that visually available to the Consultant,the testing of existing utility service capacity and the feasibility of implementing upgrades to plumbing, drainage and electrical system contemplated in the Project that require connection to existing infrastructure. Consultant shall have no responsibility for confirming the truth, accuracy, or completeness of any information so obtained in connection with the Project. 2. Section 12.3 shall be added to Section 12 and read: Notwithstanding the foregoing, to the fullest extent permitted by law, the City agrees to defend/indemnify and.hold harmless Consultant, its officers, directors, members, agents, employees,affiliates,predecessors,successors,heirs,personal representatives and assigns, from and against any claim, cause of action,or expense related in any way to services that are not specifically contained in the Scope of Services,annexed hereto as Exhibit A.2022. This indemnification shall include the obligation to pay for legal fees of counsel of Consultant's choice which are incurred by Consultant in the defense of any such claim, cause of action,or expense, or to enforce the terms of this Indemnification. 704233_1/02501-0001 Page 237 of 1232 Exhibit A JAMES CORNER FIELD OPERATIONS SCHEDULE A.2022 LINCOLN ROAD DISTRICT IMPROVEMENTS SCOPE OF SERVICES AND DELIVERABLES Date: 04/15/2022 Revised: 05/27/2022 I. GENERAL A. General The Scope of Work of the Project will include Landscape Architectural Design and Engineering Services for the Lincoln Road District("the Project") in order to provide construction documents and related services necessary to implement the improvements outlined by the City of Miami Beach Commission and outlined by City staff on an email dated of January 14, 2022. B. Project Limits The project limits encompass improvements to the Lincoln Road District as outlined and provided by the City of Miami Beach staff on an email dated of January 14, 2022 and described as follows: • Improvements along Lincoln Road pedestrian mall from Lenox Avenue (1000 block)to Washington Avenue (400 block); • Introduction of an anti-ram traffic barrier at intersection of Lincoln Road and Alton Road (1100 block). No other improvements included on this block; • Improvements to Meridian Avenue from the northern edge of Lincoln Road to the southern edge of 17th Street; • Improvements to Drexel Avenue from the northern edge of 16th Street to the Southern edge of Lincoln Lane North; • Improvements to Pennsylvania Avenue from the northern edge of Lincoln Road to the southern edge of Lincoln Lane north; C. Base Scope of Work The base scope of work shall include the scope items outlined by the City of Miami Beach per an email dated of January 14, 2022 along with the clarifications included below. 1. Critical Elements and Features • Concrete: Replacing damaged concrete uprooted by the trees. o Scope to be limited to identifying areas for repair. Finish and specifications to match existing conditions. Page 238 of 1232 475 tenth avenue, new york,ny 10018• 212 433 1450 fieldoperations.net Exhibit A JAMES CORNER FIELD OPERATIONS • Directional and informational signage package as documented in 02.14.2020 CD set with minor placement and installation detail modifications; • Furnishings: Trash receptacles, bike racks & benches; • Piano Keys: Refinish the existing piano keys using a more durable traffic coating; • Architectural Restoration of the Lapidus Follies as documented in 02.14.2020 CD set and including lighting and with minor installation detail modifications; • Fountain Architectural Restoration as documented in 02.14.2020 CD set with minor installation detail modifications; • Design of new seating areas with new freestanding benches; • ROW work at intersections including new pedestrian signals on _ freestanding posts to be upgraded to meet current ADA and National Electrical Code (NEC) standards, new crosswalks, introduction of ADA required tactile warning strips and revised geometry change where Lincoln Road meets crosswalk; • Landscaping & Irrigation upgrades limited to existing planters; • Restoration/replacement of aluminum grates at existing trench drains as permitted by existing trench drain conditions; 2. Infrastructure Work • Drexel Ave as documented in 02.14.2020 CD set with minor modifications to harmonize with existing infrastructure to remain; • Meridian Ave as documented in 02.14.2020 CD set with minor modifications to harmonize with existing infrastructure to remain; 3. Bollards (Anti-ram) • Washington Ave sign/traffic barrier; • Alton Road sign/traffic barrier; • Drexel Ave traffic bollards; 4. Architectural Improvements • Drexel Ave, inclusive of new water feature design at intersection with 500 block and new electrical room at intersection with 400 block; • Meridian Ave; • Pennsylvania Ave, limited to new lighting; • Euclid Ave Oval; 5. Clarifications and exclusions: • Upgrading existing light fixtures at existing locations (LED Retrofit) is excluded from scope of work. • Design and Engineering scope associated with existing fountain mechanical equipment repair/replacement is included as an add- alternate scope. CM at risk assessment of existing infrastructure is needed to determine the exact nature of possible repair and renovation as it relates to existing infrastructure to remain. Page 239 of 1232 2 Exhibit A JAMES CORNER FIELD OPERATIONS • Adjustments to current fountain equipment proposed for new 500 block water feature necessitated by changes in electrical and plumbing scope is included in basic services. This scope however will require the assistance of CM-at-Risk in the evaluation of connection and capacity of existing infrastructure. • Any work that requiring electrical and plumbing connections to existing infrastructure will be treated as a design-assist scope in collaboration with the Construction Manager at Risk. D. Add-Alternate Scope of Work If desired and approved by the City, the items listed below, outlined by the Lincoln Road Business Improvement District(LRBID) in a letter dated of February 18, 2022 and that are not shared with the City's scope, will be developed to a schematic level only in order to establish costs and feasibility to be afforded within the City's established budget. 1. Empty conduit, sized for fiber and electrical, to connect intersection of Drexel and Lincoln Road to NWS; 2. Pennsylvania connection to Convention Center & CC hotel via a wider sidewalk on west side, potentially requiring making Pennsylvania a one-way street; 3. Meridian with wider sidewalks, to include café seating (wider sidewalks included in City scope, café seating not a design item); 4. Euclid south of oval as children's interactive area; 5. Welcoming (artistic) elements at Washington &Alton (400 & 1100 Blocks); 6. Fixed bench seating to be included in 3-4 public seating moments 400 Block, Euclid Oval, 500 Block, 800 Block; 7. Cut through planter in 400 block to allow north to south pedestrian traffic flow on block; 8. Landscape enhanced through irrigation (included in City scope); 9. Reveal and clean up follies and fountains (included in City scope); 10. Wayfinding system to be included and shared with the LRBID (included in City scope designed as previously documented. No graphic design modifications to match LRBID branding are envisioned) The following LRDBID scope is excluded from design proposal: 11.Any lighting upgrades along Lincoln Road with the exception of lighting at follies; 12. Any infrastructure upgrades related to a high-end performance space at Drexel; E. Construction Budget The available construction budget for this scope of services shall be a total of Thirty- Six Million Dollars ($36,000,000 USD), outlined per below: Page 240 of 1232 3 Exhibit A JAMES CORNER FIELD OPERATIONS Critical elements &features: $18M Infrastructure Work: $4.0M Bollards: $1.9M Architectural Enhancements: $12M Total Construction Budget: $36M II. SPECIFIC SERVICES 1. GENERAL Project Management and Coordination The Consultant shall manage the Consultant's services, schedule and scope; consult with the City; research applicable design criteria; attend Project meetings; coordinate relevant portions of the project with City's agencies as necessary; communicate with members of the Project team and Construction Manager at Risk and report progress to the City throughout the project. Agency Approvals The Consultant shall be responsible for managing and coordinating all of the agency approvals required for the project implementation. It is assumed that, based on the revised scope of work and timelapse between the project restart and last round of approvals, all necessary approvals will need to be resubmitted to relevant agencies. Anticipated approvals include re-submission of historic fountain and folly architectural restoration and lighting to the Historic Preservation Board. The Consultant will work with their Sub Consultants, the Construction Manager at Risk and the City to develop a specific list of required approvals. The Consultant and their Sub Consultant will submit deliverables digitally and the City will disseminate and compile consolidated comments from relevant internal City agencies. 2. TASK 1: SCHEMATIC DESIGN RECONCILIATION (20 weeks total = 14 weeks design, site investigation and coordination 16 weeks cost estimating and review) A. TASK 1A: SCHEMATIC DESIGN (8 weeks/in parallel with Task 1 B) Task 1A will occur over the initial eight(8)weeks of commencement of work. This task will run in parallel with task 1 B. Building off the work done in previous phases of the project and parting from the 100% Construction Document drawing set and specifications issued on February 14, 2020, the Consultant will identify scope to remain, scope to be eliminated and scope requiring design modifications to harmonize with existing conditions to remain and/or based on existing conditions that have changed since last drawing set issuance. Following this effort, the Consultant relevant Sub Consultants will develop required design modifications to a Schematic Design level. Page 241 of 1232 4 Exhibit A JAMES CORNER FIELD OPERATIONS In parallel and if desired by the City, the Consultant and relevant Sub Consultants will develop design studies for the additional LRBID scope of work that is not currently included in the City-outlined scope. The Schematic Design set will be used as the basis for an order of magnitude cost estimate to be developed by the Construction Manager at Risk (Task 1 C). Meetings and Trips • Bi-weekly project coordination meetings with key City staff via teleconference; • Two (2)trips to Miami to: o Trip 1 o Review existing conditions in parallel with Task 1 B; o Meet with Public Works to discuss infrastructure upgrades for Meridian and Drexel Avenues and scope revisions as they related to harmonizing with existing conditions to remain; o Up to two (2) Meetings with Key City Staff and Departments; o Trip 2 (in parallel with Task 1A) o Up to two (2) Meetings with Key City Staff and Departments to review Schematic Design proposal; o One meeting with Public Works to discuss infrastructure upgrades as documented in Schematic Design package and receive feedback; o One meeting with City Staff, CM at Risk and their relevant subcontractors to review Schematic Design proposal and kick-off the Order-of-Magnitude cost estimate process. o One meeting with LRBID to discuss LRBID scope design studies (Add-Alt 1) if desired by the City. Deliverables: Upon the completion of this task, the Consultant shall submit the following: • Mark-up of 100%CD drawing set and specifications from 02/14/2020 with scope to remain, be remove or modified; • Schematic design drawings and narrative for items requiring design modification; • Schematic design studies for LRBID scope items, if approved by the City; B. TASK 1B: SITE INVESTIGATIONS (8 weeks/in parallel with Task 1A) Task 1 B will occur over the initial eight(8)weeks of commencement of work. This task will run in parallel with task 1A. As part of this Task, the Construction Manager at Risk ("CM at risk") and their Sub Contractors will perform a detail review of existing electrical infrastructure including electrical rooms, panels, conduit paths and service connections in order to assess current spare capacity and available conduit paths. Page 242 of 1232 5 Exhibit A JAMES CORNER FIELD OPERATIONS The Consultant's electrical engineer will use this information to assess feasibility of the work, requiring electrical upgrades, up to the point of connection. In parallel, the CM at Risk and their Sub Contractors will evaluate existing fountain mechanical, electrical, plumbing and drainage systems and will propose what existing fountain mechanical equipment repairs are feasible based on-site findings and existing infrastructure. If desired by the City, the fountain sub consultant will review and confirm sub-contractor assessment. In addition, during this phase the following aspects of work will be surveyed: 1- A survey will be commissioned to capture existing conditions along the western edge of Lincoln Road at Alton Road (1100 block), needed for the design development the City's requested vehicle barrier. 2- Meridian and Drexel Avenues will be re-surveyed to capture any changes that may have occurred since the last certified survey. 3- Kimley-Horn will request utility records to evaluate any utility changes from last drawing set issuance. Findings will be used as the basis for an order of magnitude cost estimate to be developed by the Construction Manager at Risk (Task 1 C). Meetings and Trips • Bi-weekly project coordination meetings with key City staff via teleconference; • Two (2) trips to Miami to: o Trip 1 (in parallel with Task 1A) o Review existing conditions in parallel with Task 1A; o Trip 2 (in parallel with Task 1A) o Up to two (2) Meetings with Key City Staff and Departments to review Schematic Design proposal; o One meeting with City Staff, CM at Risk and their relevant subcontractors to review Schematic Design proposal and kick-off the Order-of-Magnitude cost estimate process. Deliverables: Upon the completion of this task, the Consultant, together with their subconsultants shall submit the following: • Report, prepared by Consultant and their relevant Sub Consultants, summarizing recommendations based on CM at Risk and their sub contractor's findings. • Site survey at Lincoln Road and Alton Road. • Site verification at Drexel and Meridian Avenues. C. TASK 1C: ORDER OF MAGNITUDE COST ESTIMATE (6 weeks) The CM at Risk will utilize the information generated during Tasks 1A and 1 B to develop an order-of-magnitude cost estimate for the project. It is suggested, the estimate occur over five (5)weeks of the work followed by a one (1)week review period, however, this timeline shall be confirmed with the CM at Risk. Page 243 of 1232 6 Exhibit A JAMES CORNER FIELD OPERATIONS The goal of the order of magnitude cost estimate is to assess what scope is possible within the $36 million Construction Project Budget, inclusive of construction contingencies. Based on findings, the Consultant, CM at Risk and key City staff will refine the scope of work. The results of the cost estimate will also be used to identify costs for each of the items listed by the LRBID to help the City determine which of these items can be afforded within the available budget versus which will either need to be abandoned or will require additional funding. At the end of this phase, the City, the Consultant and the CM at Risk shall jointly establish project budget goals prior to the start of Task 2. Meetings and Trips • Calls with CM at Risk as needed to address questions while cost estimate is in process; • One (1)trip to Miami to: o Trip 3 o One meeting with key City Staff and CM at Risk to review order-of-magnitude cost estimate and confirm scope of work afforded within the City's $36 million dollar construction budget. Deliverables: Upon the completion of this task, The Consultant together with their Subconsultant(s) and in collaboration with CM at Risk shall submit: • Scope of work that can be achieved within the $36 million dollar construction budget; • Costs to meet additional remaining elements items and recommendations on priorities; • Memo outlining recommendations for additional funding, add alternates, and value engineering targets (if necessary). D. TASK 1 D: APPROVALS AND STAKEHOLDER ENGAGEMENT (6 weeks) Task 1 D will occur over a six(6)week period following the completion of Task 1 C. During Task 1 D will include the following: 1. Presentation Materials: The Consultant and their Sub Consultants will prepare a presentation outlining the renovation scope of work including items to remain as designed and documented in the 2/14/2020 100% CD set and design modifications proposed for harmonize renovation scope with existing conditions to remain. Presentations will also include a summary of the order- of-magnitude cost estimate, outline of what can be afforded within $36 million dollar budget as well as VE and add-alternate recommendations. 2. Add-Alt Presentations Materials: If requested by the City, the Consultant will prepare presentations illustrating proposed designs for the scope outlined Page 244 of 1232 Exhibit A JAMES CORNER FIELD OPERATIONS with the LRBID along with a summary of cost per item and outline of what can be afforded within $36 million dollar budget if any. 3. Stakeholder meetings: The Consultant, together with the City shall organize stakeholder and community meetings to present renovation scope and gather feedback. Meetings will be organized as follows: a. Meeting #1 —Lincoln Road Business Improvement District b. Meeting #2- Lincoln Road Business Tenants c. Meeting#3- General Public d. Meeting #4- Key City Staff and Departments e. Meeting #5 (if needed)-presentation to City of Miam Beach Commission 4. Historic Preservation Work Submission: Relevant aspects of work will be submitted to the Historic Preservation Commission for review and approval. Meetings and Trips • Bi-weekly project coordination meetings with key City staff via teleconference; • Up to Two (2)trips to Miami to: o Trip 4 o Up to five (5) presentations as outlined on item 3 above. o Trip 5 (if needed) o Historic Preservation Board presentation if scheduled date does not coincide with Trip 4. Deliverables: Upon the completion of this task, the Consultant, together with their subconsultants shall submit the following: • Presentation summarizing scope of work including items to remain, design modifications to harmonize with existing conditions, results of cost estimate, final scope of work, add-alternate and VE recommendations. • Add-Alternate presentation of design proposals per LRBID scope, summary of cost per item and determination of what can be afforded within City's construction budget. • Historic Preservation Board submission. 3. TASK 2: CONSTRUCTION DOCUMENTS AND APPROVALS (30 weeks total 124 weeks design 16 weeks cost estimating and review) Upon receipt of NTP, confirmation of Construction Budget and scope from the City and the receipt of comprehensive comments on all deliverables associated with Task 1: Schematic Design Reconciliation, the Consultant will prepare Construction Documents (CDs)following the City standards for the preparation of the documents. The Construction Document phase will consist of two design phases: twelve (12) weeks of design for a 50% CD set followed by a six (6)week cost estimate and Page 245 of 1232 8 Exhibit A JAMES CORNER FIELD OPERATIONS review period; and twelve (12)weeks for a 100% CD set including agency reviews and approvals. Construction Documents will include technical site plans (materials, planting, furnishing, site features and utilities infrastructure), landscape architectural plans, sections and elevations, details and written specifications setting forth in detail the quality requirements for the construction of the project. The Construction Documents shall describe the quality, configuration, size, and relationships of all components to be incorporated into the project. A. TASK 2A: 50% CONSTRUCTION DOCUMENTS (12 weeks) Task 2A will consist of a twelve (12)week design period and will include the following: 1. 50% CD Drawings: The Consultant with their Subconsultant(s), shall develop 50% CD Drawings including technical drawings for cost estimating and Client review purposes incorporating comments received and taking into account overall impact, cost, project budget, maintenance, maintenance of traffic, and other relevant considerations; 2. 50% CD Specifications: The Consultant with their Subconsultant(s), shall prepare 50%, CD specifications for cost estimating and Client review purposes; 3. Agency Approval Matrix:The Consultant and their Subconsultants shall develop an agency approval matrix outlining required approvals, presentations, and timeframes necessary for the scope of work to be constructed according to the proposed schedule and phasing. This matrix will be a living document that will be updated throughout the design process. 4. Tree survey and arborist report: The Consultant's arborist shall update the 2018 tree survey and health assessment report to document tree size and health changes since the survey was completed as well as new or removed trees. Survey will be used as the basis of design and tree disposition plans. Meetings and Trips • Bi-weekly project coordination meetings with key City staff via teleconference; • Up to Two (2) trips to Miami to: ■ Trip 6—meetings with the City of Miami Beach and key City Agencies to discuss work in progress, internal meetings with local Design Team; • Trip 7—meetings with the City of Miami Beach and key City Agencies to discuss work in progress, internal meetings with local Design Team; Deliverables: Upon the completion of this task, the Consultant, together with their subconsultants shall submit the following: Page 246 of 1232 9 Exhibit A JAMES CORNER FIELD OPERATIONS • 50% CD Drawing Set; • 50% CD Specifications; • Agency Approval Matrix; • Updated tree survey and report; B. TASK 2B: 50% CD COST ESTIMATE AND REVIEW(6 weeks) Task 2B will consist of an estimated six (6)week period for cost estimating by CM at Risk as well as for City and CM review and comment of 50%CD deliverable. During Task 2B, the Consultant and their Sub Consultant Team shall: 1. 50% CD Cost Estimate: Address questions, review and comment on the 50% CD cost estimate to be prepared by the project's CM at Risk and identify cost reduction targets, if necessary, after the Cost Estimate has been completed; Meetings and Trips • Calls with CM at Risk as needed to address questions while cost estimate is in process; • One (1)trip to Miami to: o Trip 8 o One meeting with key City Staff and CM at Risk and their relevant subcontractors to review 50%CD cost estimate and identify cost reduction targets if needed; Deliverables: Upon the completion of this task, The Consultant together with their Subconsultant(s)shall submit: • Review and comment of Cost Estimate prepared by CM at Risk; • Proposed cost reduction targets if needed; C. TASK 2C: 100% CONSTRUCTION DOCUMENTS (12 weeks) Task 2C will consist of a twelve (12)week design period-and include the following: 1. 100% CD Submission/Bid Set: The Consultant with their Subconsultant(s), shall develop 100% CD Drawings including final signed and sealed CD drawings and final specifications, incorporating changes or corrections required by the City or Review Agencies to finalize documents for Contractor Bidding; Meetings and Trips • Bi-weekly project coordination meetings with key City staff via teleconference; • Up to Two (2)trips to Miami to: • Trip 9—meetings with the City of Miami Beach and key City Agencies to discuss work in progress, internal meetings with local Design Team; Page 247 of 1232 io Exhibit A JAMES CORNER FIELD OPERATIONS ■ Trip 10—meetings with the City of Miami Beach and key City Agencies to discuss work in progress, internal meetings with local Design Team; Deliverables: Upon the completion of this task, the Consultant, together with their subconsultants shall submit the following: • 100% CD Drawing Set for bidding; • 100% CD Specifications for bidding; D. TASK 2D: APPROVALS (12 weeks in parallel with tasks 2B and 2C) Task 2D will commence after the completion of Task 2A: 50%CDs and will extend for a period of approximate 12 weeks, in parallel with Task 2B: Cost Estimate and extending over the first six (6)weeks of Task 2C: 100% CDs. During Task 2D, the Consultant and their Sub Consultant Team shall: 1. Agency Approvals: The Consultant with their Subconsultant(s) shall submit, coordinate, resolve and close-out all Agency Approvals needed for the project as well as compile and document all approvals received. Approvals are anticipated from the following agencies: • City of Miami Beach- Urban Forestry—Tree removal/disposition permit • City of Miami Beach- Public Works-Civil and Landscape • City of Miami Beach—Building Dept- Electrical • City of Miami Beach-Transit Dept. • Miami Dade Traffic and Signal Control • City of Miami Beach- Fire Dept. • Miami-Dade DERM/ DRER-Water Control Section- storm drainage improvements • Miami-Dade DERM/ DRER Water Supply-Water Main plans • Miami-Dade DERm / DRER Wastewater- Force main and gravity sewer plans • Florida Dept of Health- Meridian Water Main Meetings and Trips • Bi-weekly project coordination meetings with key City staff via teleconference; • Meetings in person or via teleconference as needed to resolve agency comments; Deliverables: Upon the completion of this task, the Consultant, together with their subconsultants shall obtain all relevant governmental approvals and submit to the City, a compiled document with all approvals. E. TASK 2E: STAKEHOLDER ENGAGEMENT (in parallel with Task 2C) Page 248 of 1232 u Exhibit A JAMES CORNER FIELD OPERATIONS Task 2E will occur in parallel with Task 2C: 100% Construction Documents and will include: 1. Presentation Materials: The Consultant with their Subconsultant(s) shall prepare materials, with the approval of the Client, and make presentations to relevant stakeholders as required to provide updates on the final scope of work to be implemented. Presentation materials will be limited to technical drawings and sketch vignettes. No additional renderings will be provided during Construction Documentation. 2. Stakeholder Meetings: The Consultant, together with the City shall organize stakeholder and community meetings to 1)share the designs for construction,2) answer questions for clarification, and 3)discuss strategies for construction sequencing and timeline in coordination with the CM at Risk. Meetings anticipate: • Meeting#1 — Lincoln Road Business Improvement District • Meeting#2- Lincoln Road Business Tenants • Meeting#3- General Public • Meeting #4- Key City Staff and Departments • Meeting#5 (if needed)-presentation to City of Miam Beach Commission Meetings and Trips • One (1 )trip to Miami to: • Trip 11 o Up to five (5) presentations as outlined on item a above. Deliverables: Upon the completion of this task, the Consultant, together with their subconsultants shall submit the following: • Presentation summarizing scope of work and construction sequencing and timeline in coordination with CM at Risk; 4. TASK 3: BIDDING ASSISTANCE AND CONSTRUCTION OBSERVATION (per CM at Risk schedule. Fees assume up to 24 consecutive months) Bidding Assistance and Construction Observation will consist of a maximum consecutive twenty-four(24) month schedule. All services that occur after the 24 month period shall be billed as additional services, unless the delay is related to the . sole responsibility of the Consultant or their Sub consultants. A. TASK 3A: BIDDING ASSISTANCE Following the City's approval of the 100% Construction Documents, the Consultant shall assist he City and CM at Risk, in bidding the project by providing the following services for up to one (1) Bid Package: • Recommend pre-qualification criteria; • Prepare document clarification and Addenda as required; • Attend Pre-Bid Conference and Site Walkthrough with bidders as required; • Support the City and CM at Risk with the review and analysis of the bids; Page 249 of 1232 12 Exhibit A JAMES CORNER FIELD OPERATIONS • Attend Contractor and Sub-contractor interviews (bid descoping) and assist City and CM at Risk in their evaluation and selection of Contractor and Sub- Contractors; • Consider requests for substitutions, if the Bidding Documents permit substitutions, and prepare and distribute addenda identifying approved substitutions to all prospective bidders;, • Preparation of a conformed set of drawings and specifications that include all addenda and any other additional information that was identified during the bidding process for use during the construction phase of the Project. Meetings and Trips • Up to two (2)trips to Miami to: ■ Trip 12 o Site walkthrough with bidders; ■ Trip 13 o Bid descoping meetings; B. TASK 3B: CONSTRUCTION OBSERVATION SERVICES During task 3B, the Consultant and their Sub Consultants shall: • Upon the award of the Construction Contracts, review the Construction Contractors' proposed progress schedules to become familiar with the submission dates of shop drawings and samples; • Review and approve all Contractor submittals and shop drawings submitted by Construction Contractors; and in the event any shop drawings or samples do not conform to the Contract Documents, the Consultant shall indicate thereon the necessary changes and return the drawings to the CM at Risk and inform the City of any delay in the submission of shop drawings or samples; • Conduct site visits at intervals appropriate to the stage of the Contractor's operations to observe the progress and quality of the portion of Work completed and to report such observations to the CM at Risk and City; • Conduct site visits for any items that are fabricated off-site as directed and approved in advance by the City; associated travel expenses for off-site product review and approval are subject to the City's prior written approval as Allowable Additional Costs; Attend plant material tagging trips at nurseries as directed and approved in advance by the City; associated travel expenses for off-site product review and approval are subject to the City's prior written approval as Allowable Additional Costs; • Attend weekly CA Coordination Meetings with the CM at Risk and City; Page 250 of 1232 13 Exhibit A JAMES CORNER FIELD OPERATIONS • Attend site meetings during construction to clarify conflicts in any areas of the design; • Provide supplemental drawings and specifications in response to requests for additional information by the Contractor; • Provide appropriately skilled and licensed personnel to monitor the progress, quality and performance of the Construction Contractor's Work; • As directed, make recommendations in connection with change orders issued by the City; • Review and approval of submitted payment applications by CM at Risk; Meetings and Trips • Up to four(4) plant material tagging trips to nurseries in South Florida; • Up to twenty four(24)trips to review work in process; • III. ASSUMPTIONS AND EXCLUSIONS A. Assumptions 1. The Consultant assumes no responsibility for the accuracy of the information provided by the City, by the CM at Risk or other entities beyond the Sub- consultant team. 2. Scope of work will be prepared as a single package by the Consultant to be bid as the CM at Risk recommends. The CM at Risk will be responsible for separating and distributing packages. 3. Design process will be one contiguous design and permit effort, inclusive of any additional or alternate tasks/design. 4. Coordination with adjacent projects and property owners will be limited to areas within the public right of way only; 5. Fees for Construction Administration for Field Operations assume one continuous construction period not exceeding 24 months in total. 6. Fees for Construction Administration for Kimley-Horn's fees assume a construction duration for Meridian and Drexel Avenues not exceeding 12 months. 7. Fees are based on a Construction Budget of$36M. Budget increases may require additional compensation. Page 251 of 1232 14 Exhibit A JAMES CORNER • FIELD OPERATIONS 8. Fees assume current survey information collected in 2017 is still accurate. Documents will be developed based on this information. A surveying allowance is included to cover localized surveying efforts associated with the area west of Lincoln Road at Alton Road as well as other discrete updates to Drexel and Meridian Avenues if needed but is not intended to re-survey entire scope of work area. 9. Fees assume that any changes to existing conditions captured in survey current survey shall not cause a significant redesign of infrastructure engineering included in 02.14.2020 drawing set. Significant redesign may require additional compensation. 10. Fees assume that any utility updates captured in updated utility records to be obtained by Kimley Horn during Task 1 will not impact or require significant redesign of infrastructure engineering included in 02.14.2020 drawing set. Significant redesign may require additional compensation. 11. It is assumed that previously approved governmental permits are outdated and will require resubmission based on revised scope of work. 12.Any work associated with security (anti-ram) bollards will be treated as a delegated engineering scope by bollard manufacturer. 13. Electrical engineering fee is based on known assumptions. Fee may require adjustments based on results of CM-at-risk site investigations. 14. Fees assume proposed folly lighting will be implemented as documented in 02.14.2020 set. An add-alternate fee per folly is provided if design changes are needed. 15. Division 1 specifications will be provided by the City based on their standards. Consultant will review and suggest project specific adjustments for the City's review. 16.The scope considers leaving existing hydrants on place with the exception of two fire hydrants at Drexel Avenue requiring relocation due to proposed improvements. No additional hydrants are included, however, Consultant is to advise whether installation of additional hydrants is required to comply with current code and standards during the SD phase of the project. B. Exclusions 1. Presentation materials beyond those listed in the scope. The Consultant will prepare presentation materials for required approvals and will share work-in- progress with the City during project coordination meetings; 2. Meetings and presentations beyond those listed in the scope; 3. Fees exclude upgrading of existing light fixtures to LED. It is anticipated that City will stake on this work; 4. Planter lighting upgrades; 5. Hardscape lighting within pedestrian right of way of Lincoln Road; 6. Fees exclude site investigation of existing drainage, plumbing and electrical systems beyond that visually available to the Consultant and their subconsultants as well as the testing of existing utility service capacity. It is anticipated that CM at risk will take on this work; 7. Any work related to the right-of-way of the 1100 Block with the exception of the bollard/sign at the intersection of Lincoln and Alton Roads; Page 252 of 1232 15 Exhibit A JAMES CORNER FIELD OPERATIONS 8. Wayfinding signage scope is limited to placement and installation detail revisions based on revised renovation scope and does not include revised graphic design or new sign types. 9. Physical models; 10. Professional Renderings beyond high-quality rendering prepared in-house by Consultants; 11.Animations; 12. Operations and Maintenance Planning, other than those included as part of • project Close-out; 13.Art and programing planning and curation beyond limited coordination with City selected artists or placement of City selected artwork; 14. Security design and consulting. 15. Fiber or WiFi design and engineering; 16. Construction As-built drawings. Consultant to review and accept As-built drawings and record sets prepared by others; 17. Conditioned structures with the exception of electrical room#4; 18. Design mock-ups to be developed by Consultant prior to the start of construction. 19. Client initiated changes necessitated by a change on a previous instruction or approval given by the Client or a material change in the Project including, but not limited to size, quality, complexity, schedule, budget of work resulting on an increase/decrease of the scope, or procurement or delivery method. The Consultant and their Subconsultant's are responsible for revisions associated with authorized Change Orders in response to errors and omissions by the Consultant and their Subconsultant's or Change Orders related to minor changes in Work that are consistent with the intent of the Contract Documents. Change Orders will not be stand-alone packages. Where appropriate, Change Orders can be submitted as official sketches without revising official Contract Documents; 20. Any work that extends beyond the schedule and timeframe for delays beyond the control of the Consultant, not including delays resulting from "Acts of God". 21.Any work that is incurred because of Client directed changes in decisions once prior.approvals have been made during the Design Phases of the project; 22. Historic preservation scope for existing follies and water features designated as contributing elements on the National Register of Historic Places is limited to cosmetic restoration and standard protection during construction operations. Structural restoration is not included on scope. 23.Archeological evaluations; 24. Maintenance of Traffic Plans (MOT); 25. Services associated with platting, zoning agreements, easements, and covenants for maintenance of proposed non-standard improvements; 26.Any work associated with LEED certification or Sustainable SITES. Nonetheless, it is understood that design of this project will follow, to the extent possible, best practices for sustainability and green initiatives. 27. Preparation of CSI-format contract specifications for Civil and Traffic Engineering scope. Specifications, notes and details for Civil and Traffic Engineering will be shown as notes on the plans referencing specific sections, language and details of the City of Miami Beach, Miami-Dade County and Florida Department of Transportation standard specifications. Page 253 of 1232 16 Exhibit A JAMES CORNER FIELD OPERATIONS Consultant will be responsible for outlining any deviations from standard specifications as required Contractors will be governed by the latest detail/note/standard/specification of the City, Miami-Dade County and Florida Department of Transportation. 28. Dewatering; 29. Resident inspector services. • Page 254 of 1232 17 Exhibit A JAMES CORNER FIELD OPERATIONS Pnlject Lincoln Road Dbt7lot Renovation_Revised Scope Date Issued 4 16/2022 ' Revised 6r27/2022 SCHEDULE 132022_01 Consultant Campanwten TASK 1 TASK 2 TASK 3 TOTALS SCHEMATIC DESIGN CONSTRUCTION _ _ _i — RECONCILIATION DOCUMENT AND BIDDING AS RUCTi N (14 ate.design APPROWUB AND CONBTUC710 0 wbs.me•Deaf) (24 wire.design OBSERVATION(2409 0 riot.rev•coat) � ) FIELD OPERATIONS 5280,00500 5560.000.00 $020,000.00 $1,460,000.00 Pm/ect Lead/Landscape Architecture/ Urban Design/Pudic Engagement BERMELLO O AJAMIL IS PARTNERS N/A 535,900.00 Hourly $36,900.00 Historic Restoration of Follies end Water Features See below , KIMLEYd1ORN 501,000.00 5350.000.00 5185,000.00 5676,000.00 Above Ground Civil Engineering.Traffic and Transportation Engineering,below ground Infrastructure , JALRW 520,000.00 554,000.00 553,000.00 $127,000.00 Electrical Engineering OPTIMUS ENGINEERS N/A 514,800.00 Hourly $14,600.00 structural engineering See below CHEN MOORE 6 ASSOCIATES 55,110.00 $26,240.00 539,640.00 S71,990.00 Local LA.Indga4on HLb LIGHTING DESIGN $10,250.00 $20,500.00 5/5,500.00 $46,250.00 Ugfrong Design CRAUL LAND SCIENTISTS N/A 53.200,00 55,990,00 $10,100.00 Urban Soils DELTA FOUNTAINS N/A 53,600.00 $13,000.00 $16,600.00 water features PENTAGRAM N/A $15,000.00 $10,000.00 $26,000.00 Slgrage 4-Identity OTAL LUMP sum 3317,530.0 SIUB3y40.00 1823,130.00 .O—.— MOONY SERVICES:. • FAQADE AND ENVELOPE N/A 59,800.00 571750.00 $18560.00 waterproofing OPIIMUS ENGINEERS N/A Lump Sum 56,000.00 $0,000.00 structural engineering See above BERMELLOAJAa0L 6 PARTNERS N/A Lump Sum $52,0 0.00 $62,000.00 Historic Restoration See above TOTAL FIDISLYSERVImB NOT PAC® '34J300.00 374A0000 .'p9„tiMl IALLJSaMN® Additional Surveying N/A 525,000.00 N/A 826,000.00 Updated tree survey and storistreport NIA $10,000.00 WA f10J000.00 ROM f26A0D.OD p410q.Y ESTIMATED MISCELLANEOUS EXPENSES(WE) I I $20,000.00 ESTIMATE TRAVEL EXPENSES(NTE) S115,00.00 FIELD OPERATIONS 5100,000.00 WA WA $100,000.00 Project Lead/Landscape dscT_Ardrdecture/ ylbwt Design/Pubic Enaeoenamt I .EY-HORN 523,000.00 N/A N/A 123,000.00 Above Ground Civil Engineering.Traffic and Tratspehtbn Engineering,below around infrastructure . TOOL A10041LTM war 80 35?>kMN I I HLB LIGHTING DESIGN $2,500 52,500 N/A $36,000.03 Lighting Design per folly pet folly . .... . • TOTAL AODALT@ MOTTO ROM . .••O SMIU/10 DELTA FOUNTAINS 54.000.00 S40,000.00 S30.000.00 0,000.00 a features • TOTAL AODIALTSI MOTTO EXCEED S74,M,US 1.te. 1.F.•an too/ar.Cacwabs Budge aSMN.SAFI*mow nary resR ir.ddm,d ampnsbn. 2.Fes I bawd an aaaa alma,.assmtlen.mndman Indd.CelSerea&A2a12 ad an MGaoal Anumplee ad Eaauve Wm/ Had.4&Mold S.1544.Mew P,b.Aaesrra 3.EJrafrel.f .5a to b bowels,boon asrgwv,F..eyr.aisa4e.arabad on mars oCNa.bi 504 imvatiesCons. 4.Os it b WWI O N ae design and In iWg limbs a.Wwrdwe.no.)m ti.draw W.. • e.Rnl.arae a antra..br balmundawal ap*, tb dsprdr.dCN el risk.a4 i,rOsflpoom ad ibd4.1 a n.31.Ymr aalbb ddawmr.la.MIr data. 5.Sr.Schedule 112012_02_TrM Exp4n545br.b.M/snaaw+oYlenNlayam Truesa@rts.n Oita imam tl.,ea wan 001.500 pvtrp. 9.ANAlons04 n ionan edmn.Uu dnee wain berm rq546254 ey LR0ie0 end Wad on Sd,54514 A2022.Ir Cie sl.m to pound•or am ae,m.bain n.dawral Olin 5105r4,.10114 rat*.M.o,based SD. 7.Ad-Atwnwb R odd.,/grime dosser rebore for Haterle roSsyra.d annoy.aTw.d na Imp wen Pr bey.Pro}rtid,dr 7 Was Page 255 of 1232 Exhibit A JAMES CORNER FIELD OPERATIONS Project Lincoln Road District Renovation_Revised Scope Date 4r16/2022 SCHEDULE B.2022_02 Travel Expenses #PER PERSON #PER PERSON TRIPS TOTAL PERSON LUMP SUM PER TASKS TRIPS JCFO SUBCONSULTAN TRIPS TRIP TOTAL TRIP COSTS TS TASK 1-SD RECONCILIATION 13 0 13 1800 $23,400 TASK 2-CONSTRRCTION 17 0 17 1800 $30,600 DOCUMENTS TASK 3-BIDDING AND 30 4 34 1800 $61,200 CONSTRUCTION OBSERVATION TOTALS 60 $116.i00 TRIP OUTLINE TASK 1-SD RECONCILIATION trip 1=1 trip x 4 JCFO people for site visit/review of existing conditions/project kickoff/mtg with City staff and Public Works trip 2=1 trip x 3 JCFO people to review SD submission/kick-off cost estimate hip 3=1 trip x 2 JCFO people to review cost estimate • trip 4=1 trip x 2 JCFO people for presentations trip 5=1 trip x 2 JCFO people for HPB presentations TASK 2-CONSTRUCTION DOCUMENTS trips 6 to 10=1 trip x 3 JCFO people for coordination meetings trip 11=1 trip x 2 JCFO people for presentations TASK 3-BIDDING AND CONSTRUCTION OBSERVATION trips 12 to 13=1 trip x 2 JCFO people for bidding walkthroughs/descoping meetings trips 12 to 13=1 trip x 2 JCFO people for bidding walkthroughs/descoping meetings trips 14 to 41=1 trip x 1 JCFO people for construction observation and plant tagging 3 trips during construction for Craul Land Scientists 11 trip for Pentagram NOTES 1.Trip costs are estimated to include airfare,hotel,taxi and per diems at$1,800.00 for up to 2 nights per trip(NYC to MIA) 2.Trip costs assume a 48 hrs.trip including two hotel nights Page 256 of 1232 Exhibit A JAMES CORNER FIELD OPERATIONS Project Lincoln Road District Renovation_Revised Scope Date 4/15/2022 Updated: 5/27/2022 SCHEDULE C.2022 - HOURLY RATES James Corner Field Operations Position Hourly Rate Founder $ 600.00 Principal $ 335.00 Senior Associate I $ 240.00 Associate II $ 210.00 Associate I $ 180.00 Project Designer $ 150.00 Designer II $ 140.00 Designer I $ 130.00 Senior Administrative $ 190.00 Administrative $ 130.00 Chen Moore&Associates Position Hourly Rate President $ 410.00 Principal $ 325.00 Principal LA $ 160.00 Senior LA $ 135.00 Project LA $ 115.00 Associate LA $ 100.00 Senior Designer $ 140.00 Designer $ 115.00 Senior Technician $ 90.00 Technician $ 85.00 Senior Construction Specialist $ 130.00 Construction Specialist $ 90.00 Administrative Staff $ 80.00 Intern $ 55.00 Craul Land Scientists Position Hourly Rate Principal $ 210.00 Clerical $ 85.00 CA Project Management $ 210.00 Page5t/of 1232 Exhibit A JAMES CORNER FIELD OPERATIONS Project Lincoln Road District Renovation_Revised Scope Date 4/15/2022 Updated: 5/27/2022 SCHEDULE C.2022 - HOURLY RATES HLB Lighting Design Position Hourly Rate Senior Principal $ 300.00 Principal $ 290.00 Associate Principals $ 280.00 Senior Associates $ 210.00 Associates $ 200.00 Senior Designer $ 185.00 Designer $ 160.00 Design Assistant $ 120.00 Design Interns $ 100.00 Senior Administrative $ 150.00 Administrative $ 75.00 JALRW Position Hourly Rate Principal $ 220.00 Project Manager $ 175.00 Project Engineer $ 165.00 Project Designer $ 130.00 BIM/CAD Manager $ 140.00 BIM/CAD Technician $ 90.00 Administrative Support $ 70.00 Kimley-Horn Position Hourly Rate Principal-in-charge $ 340.00 Senior Professional $ 310.00 Project Professional $ 160.00 Analyst $ 135.00 Senior Tech.Support Staff $ 160.00 Technical Support Staff $ 120.00 Clerical Staff $ 100.00 Pag 1t1232 Exhibit A JAMES CORNER FIELD OPERATIONS Project Lincoln Road District Renovation_Revised Scope Date 4/15/2022 Updated: 5/27/2022 SCHEDULE C.2022 - HOURLY RATES Façade and Envelope Position Hourly Rate Principal $ 180.00 Consultant $ 160.00 Project Manager $ 110.00 Inspector $ 90.00 Project Engineer $ 100.00 Drafter $ 60.00 Pentagram Position Hourly Rate Partner, Pricipal $ 350.00 Associate $ 250.00 Designer $ 200.00 Project Coordinator $ 200.00 Assistant Designer $ 100.00 Optimus Engineering Position Hourly Rate Principal $ 225.00 Project Manager $ 175.00 Project Engineer $ 150.00 CAD Manager $ 90.00 CAD Operators $ 85.00 Inspectors $ 85.00 Clerical $ 45.00 Bermello Ajamil&Partners Position Hourly Rate Partner $ 350.00 Designer $ 120.00 Tropical Designs of Florida Position Hourly Rate President $ 150.00 Page of 1232 Exhibit A JAMES CORNER FIELD OPERATIONS Project Lincoln Road District Renovation_Revised Scope Date 4/15/2022 Updated: 5/27/2022 SCHEDULE C.2022 - HOURLY RATES Delta Fontains Position Hourly Rate Principal $ 235.00 Project Manager $ 175.00 Design Associate $ 190.00 Electrical Systems Designer $ 150.00 Draftman level 1 $ 85.00 Technician $ 65.00 Page6V 0f1232 Exhibit A rupee Unmh!bed DNIAw NU.ewn.ba . 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