Amendment No.3 to the Professional Architectural And Engineering Services Agreement with James Corner Field Operations, L.L.C. 2c)22-3 �1� �
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 (A/E) SERVICES
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND JAMES
CORNER FIELD OPERATIONS, L.L.C. JUL 2 7 2022
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 10' Avenue, 9'h 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
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James Corner Field Operations,L.L.C.,Amendment No.3
the 17'h 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
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James Corner Field Operations,L.1.C.,Amendment No.3
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 (iii) 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.
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James Corner Field Operations,L.L.C.,Amendment No.3
DocuSign Envelope ID:80A54960-23C5-426A-AC55-C3C4029D64F7
4. RATIFICATION.
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
JUL 2 7 2022
Rafael E. Granado, City Clerk Dan Gelber, Mayor
ATTEST: % IltCORP DRATED'
:w, CONSULTANT:
JAMES CORNER FIELD OPERATIONS, L.L.C.
DocuSigned by: DocuSigned by:
(UDEb1/59A-1441-f_. 0000527ODDOf4fG_ 7/25/2022 I 9:48 AM PDT
Isabel Castilla 7/21/2022 I 4:lianPplsEGorner, President
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
�CJ 6-1 0-2
City Attorney y%%7 Date
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James Corner Field Operations,L.L.C.,Amendment No.3