Agreement with Kaufman Lynn Construction, INC. DocuSign Envelope ID:185AEDF6-410D-45D9-B467-3DB37BFD2377 20 2.3 -3 25 lei
AMENDMENT NO. 1
TO
THE AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK SERVICES
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
KAUFMAN LYNN CONSTRUCTION, INC.
DATED APRIL 30,2020
FOR THE PROVISION OF ADDITIONAL PRECONSTRUCTION SERVICES FOR THE
FIRE STATION NO.1 PROJECT IN AN AMOUNT NOT TO EXCEED $395,000
THIS AMENDMENT NO. 1 (this"Amendment No. 1")to the Agreement for Construction
Manager-At-Risk Services dated April 30, 2020 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
KAUFMAN LYNN CONSTRUCTION, INC., a Florida Corporation having its principal office at
3185 South Congress Avenue, Delray Beach, Florida 33445 (the "Contractor") is made and
entered into as of this In day of AP1t tL ,2023 by and between the City and the Contractor.
• RECITALS
WHEREAS,on January 15,2020, pursuant to Request for Qualifications(RFQ)No.2019-
370-ND, the Mayor and City Commission adopted Resolution No. 2020=31112 approving and
authorizing.the Mayor and City Clerk to execute an agreement (the"Agreement")with Kaufman
Lynn Construction,.Inc. ("Kaufman Lynn") as Construction Manager at Risk, for the construction
of the new Fire Station No. 1 Facility, to be located at the South Shore Community Center, 833
6th Street, in the Flamingo par neighborhood ("Fire Station No.1"); and
WHEREAS, upon successful negotiations,the Agreement was executed in the amount of
$80,000 for Pre-Construction Phase services only, and a future amendment for the final
negotiated Guaranteed.Maximum Price(GMP)for the construction phase of the project is subject
to prior approval of the Mayor and City Commission ; and
WHEREAS, the new 29,369 square feet facility for Fire Station No. 1 will provide four
drive-thru apparatus bays, living spaces, offices, a kitchen, a gym, support facilities and 34
parking spaces; and
WHEREAS,two additional project elements have been identified that need to be executed
in conjunction with the fire station and additional preconstruction services will be required for
Kaufman Lynn to include the two projects into the Fire Station No.1 project, and
WHEREAS, a modular structure will have to be engineered, manufactured, delivered
and installed at a location in Flamingo Park,to accommodate the Rainbow Intergenerational
Learning Center (the "Daycare"), prior to the demolition of the South Shore Community
Center,and the construction of Fire Station No.1;and,
WHEREAS, Kaufman Lynn will provide preconstruction services for the daycare
relocation as a part of the existing agreement for Fire Station No.1, and the future GMP for
Fire Station No.1 will include the itemized cost for the construction required for the Daycare;
and
1
DocuSign Envelope ID:185AEDF6-410D-4509-6467-3DB37BFD2377
WHEREAS, upon approval of a GMP by the City Commission, Kaufman Lynn would
perform the construction required for the temporary relocation of the Daycare prior to the start
of construction for the Fire Station No. 1;and
WHEREAS, the City requested and received a proposal from Kaufman Lynn for the pre-
construction services required to relocate the Daycare from the South Shore Community Center
to a temporary location in Flamingo Park,to include: (1)review design drawings,provide estimate
of probable construction costs and coordinate the project schedules for both the Fire Station No.1,
and the temporary daycare facility, (2) procurement of the modular structure to initiate the
engineering phase for the preparation of detailed shop drawings, (3) release to start the
manufacturing of the modular structure by paying approximately 50% deposit of up to $325,000
with the balance of the cost of the modular structure to be included in the Final GMP, and (4)
prepare a GMP cost for all work, to include civil, structural, electrical, and landscaping scopes
required for the construction of the temporary Daycare location and the associated playground,
provide combined schedule with sequencing of work to evaluate impact on the Fire Station No. 1;
and
WHEREAS, Kaufman Lynn has submitted an all-inclusive negotiated proposal,
Amendment No.1 to the pre-construction phase services contract,to include the additional pre-
construction phase services related to the daycare in the amount of$373,000, and
WHEREAS,the developer,3425 Collins,LLC,submitted an application to HPB requesting
modifications to-a previously issued Certificate of Appropriateness for the partial demolition,
renovation and restoration of the existing 16-story hotel building located at 3425 Collins Avenue,
including the total demolition of the 1955 south addition with a mosaic tile mural entitled "Apollo"
by artist Jack Stewart (the "Mural"), and the construction of a new residential 16-story detached
ground level tower addition,the Aman Residences, and modifications to the site plan; and
WHEREAS, in 2014,the HPB reviewed and approved the demolition of the south addition
inclusive of the Mural, and the 92' wide by 17' high mural was subsequently removed and
relocated to a storage facility and the 1955 addition was demolished; and
WHEREAS, the.HPB Consolidated Order from the May 11, 2021 meeting, indicates that
the Developer proffered to donate the Mural to the City as a condition to the approval, including
covering all costs for its relocation, installation and restoration; and
WHEREAS, prior to the issuance of a building permit for the new residential tower, the
Developer is required to return to the Board to present the final plan for the restoration of the
mural, including the specific location where it will be installed; and
WHEREAS,on July 20,2022,the Mayor and City Commission adopted Resolution 2022-
32230 authorizing the City Manager to execute a Memorandum of Understanding (MOU),
between the City and the Developer as per HPB order 20-0441, requiring the Developer, at its
sole cost,to undertake all aspects of restoring the Mural, including conservation services;design
and engineering fees; and upon completion of the restoration and acceptance by the City of the
condition of the restored Mural, transporting the Mural to a storage location, designated by the
City Manager's designee; transporting the Mural from the City's storage location to Fire Station
No.1; and installing the Mural as an integrated architectural feature at the new building for Fire
Station No.1, once completed; and
WHEREAS, in order to accommodate the Mural, and the required structural
improvements, Kaufman Lynn must provide additional preconstruction services to evaluate
the logistics and determine the cost for the required construction to accommodate the mural;
and
2
Docusign Envelope ID:185AEDF6-410D-45D9-8467-3DB37BFD2377
WHEREAS, the City requested and received a proposal from Kaufman Lynn for the
additional pre-construction phase services required to incorporate the Apollo Mural into the Fire
Station No.1 Project to include: (1) review design drawings, provide estimate of probable
construction costs and add this scope to the construction schedule for the fire station, (2) review
logistics required for the support structure necessary for the installation of the mural installation,
and (3) prepare the cost for all work, to include structural, and electrical scopes for the
construction required to support the Mural.The cost will be included in the final GMP.
WHEREAS, Kaufman Lynn has submitted a total negotiated proposal, Amendment No.1
to the pre-construction phase services contract, to include the additional pre-construction phase
services related to the mural in the amount of$22,000; and
WHEREAS, it is anticipated that all costs associated with the relocation and installation of
the Mural, including without limitation the cost of preconstruction services to incorporate the Mural
into Fire Station No.1, shall be funded or reimbursed by the Developer, 3425 Collins, LLC; and
WHEREAS, City Staff has reviewed both proposals and has found that the fees are fair
and reasonable; and
WHEREAS,this Amendment No.1 in the amount of$395,000,will revise the total contract
amount to$475,000 for preconstruction services;and
•
' WHEREAS, the Administration recommends that the Mayor and City Commission
approve this Amendment No. 1.
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. 1.
2. MODIFICATIONS
(a) The Agreement is amended, as provided herein and in Schedule "A"
attached hereto.
(b) In consideration for the services to be performed under this Amendment
No.1, City shall pay Contractor the not-to-exceed amount of $395,000, as provided in
Schedule"B", attached hereto.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged and shall
remain in full force and effect.
3
DocuSign Envelope ID:1.85AEDF6-410D-45D9-B467-3DB37BFD2377
•
4: RATIFICATION.
The City and Contractor ratify the terms of the Agreement, as amended by this
Amendment No. 1.
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
/ I1k3
Rafael E. Gr , Dan Gelber
City Clerk Mayor
CONSULTANT:
ATTEST: Kaufman Lyn Construction, Inc.
• Sestagr.,-.
V- President
Print Name Print Narne "
•
E3
NQ..••' ••., 0 APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
INCORP ORATED
rpr City Attorney Dote
CH 26
4