Amendment No.4 to the Professional Architectural And Engineering Services Agreement with James Corner Field Operations, L.L.C. AMENDMENT NO. 4
TO THE PROFESSIONAL ARCHITECTURAL
AND
ENGINEERING (A/E) SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
JAMES CORNER FIELD OPERATIONS, L.L.C.
DATED JUNE 23, 2016
TO PROVIDE ADDITIONAL PROFESSIONAL SERVICES IN CONJUCTION WITH
A CREDIT FOR WORK NOT PERFORMED FOR A NET CREDIT TO THE CITY
OF $386,673.29 AND REVISING THE CONTRACT TOTAL TO $7,478,406.71 TO
THE PROFESSIONAL ARCHITECTURAL (A/E) SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND JAMES CORNER
FIELD OPERATIONS, L.L.C.
MAR 2 2 2024
This Amendment No. 4 to the Agreement is made and entered this day
of , 2024, by and between the CITY OF MIAMI BEACH, a municipal
corporation existing under the laws of the State of Florida (the "City"), having its
principal offices at 1700 Convention Center Drive. Miami Beach, Florida 33139,
and JAMES CORNER FIELD OPERATIONS, L.L.C. a Pennsylvania Limited Liability
Company having its p r i n c i pa I office at 4 Bryant Park, Floor 11, New York, NY
10018 (the "Consultant").
RECITALS
WHEREAS, on June 23, 2016, pursuant to Request for Qualifications (RFQ)
No. 2015-245-KB, the Mayor and City Commission adopted Resolution No. 2016-
29319, approving and authorizing the Mayor and City Clerk to execute an Agreement
with James Corner Field Operations, L.L.C. for Professional Architecture and
Engineering Services for the Lincoln Road District Improvements Project (the
Agreement); and
WHEREAS, the Agreement provides for the architectural, engineering,
landscape architecture, surveying, infrastructure, limited historic preservation,
signage and wayfinding, cost estimating, and permitting as necessary for the Lincoln
Road District Improvements Project (the "Project"), including the design, bidding and
award services, and construction administration for the Project; and
WHEREAS, the Agreement was executed for a lump sum amount of
$3,861 ,000; and
WHEREAS, on February 8, 2017, City Commission adopted Resolution No. 2017-
29746 approving Amendment No. 1 in the amount of $1,274,000, for additional
Page 1 of
James Corner Field Operations,L L.C,Amendment No.2
architectural and engineering services associated with the implementation of the vision
of the Lincoln Road Master Plan including a negotiated credit for the design services for
the 17th Street Component, incorporation of a security barrier system, and extension of
the geographic area of the Project to include the area of the Lincoln Road Mall from
Washington Avenue to Collins Avenue (200-300 Blocks) as contemplated in the Lincoln
Road Master Plan; and
WHEREAS, On May 16, 2017, Amendment No. 2 to the Agreement was approved
administratively revising 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%) as well
to increase the Construction Cost Budget for the Project from $43 Million to $46 Million:
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, as a consequence of the pandemic, market conditions and uncertainty
within the construction industry resulted in a delay in the Construction Manager At Risk
the Guaranteed Maximum Price (GMP) process for construction services: and
WHEREAS, on January 13, 2021, the City Commission directed the
Administration to reduce the scope of work and keep the project within the originally
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 to be funded separately from alternate funding sources; and
WHEREAS, On June 22, 2022, the Mayor and City Commission adopted
Resolution 2022-32181 approving Amendment No. 3, in the amount of $2,730,080, to
redesign the project, incorporating the reduced construction scope of work; and
WHEREAS, On February 9, 2024 James Corner Field Operations issued a
proposal (Attachment A) for additional services in the amount of $694,822.00 for
infrastructure design for the restoration/repair of the fountains and repair of associated
equipment, design for the security cameras infrastructure, additional traffic signalization
required by Miami-Dade County, additional Rapid Rectangular Flashing Beacon,
additional bidding, award and construction administration associated with a modified
procurement process for the selection of two separate contractors and (the "Proposal");
WHEREAS, the Proposal included the additional services described in the
preceding recital in the amount of $694.822.00, an additional $135.200 for travel
expenses not accounted in Amendment No. 3 and a credit in the amount of
Page 2 of 4
James Corner Field Operations,L.L.C.,Amendment No.2
$1,216,695.29, for work not performed under the original scope of work, which should
have been credited under Amendment No. 3:; and
WHEREAS, The net credit under Amendment No. 4 is in the amount of
$386,673.29, representing the difference between the credit of$1,216,695.29 as a result
of scope reduction, less the $830,022 additional services, contingency and additional
travel expenses noted in the preceding recital, revising the Consultant's Lump Sum Fee
from $7,865,080.00 to $7,478,406.71.
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. 4. Capitalized terms used herein and not otherwise defined
shall have the meanings given to them in the Agreement.
2. MODIFICATIONS
Attachment A to this Amendment No. 4 is incorporated herein by this reference.
The Agreement is amended by reducing the Consultant's Lum Sum Fee by
$386,673.29 to $7,478,406.71.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended by
this Amendment No. 4.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.
4 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
MAR 2 2 2024
Rafael E. Granado, City Clerk . Hudak, City M nager
s�`.• ytiy4
' : APPROVED AS TO
',INCORP GRATED; = FORM & LANGUAGE
'• '` }�' &FOR EXECUTION
Page 3 of 4 '�/4' :?k�=C.j j.®'26
James Corner Field Operations,L.L.C.,Amendment No 2 "r,,,,,,,,,
31)8 /202'9-
c -City Attorney Date
4
ATTEST: CONSULTANT:
JAMES CORNER FIELD OPERATIONS, L.L.C.
14,- ____7,/- /—
Babe► Castilla Jame orner, Founding Partner a CEO
•
Page 4 of 5
James Corner Field Operations,L.L.C.,Amendment No.2
Attachment A —James Corner Field Operations Proposal Dated February 9, 2024
Page 5of5
James Corner Field Operations,L.L.C.,Amendment No.2
•
JAMES
CORNER
FIELD
OPERATIONS
Ariel Guitian
Capital Projects Coordinator
Office of Capital Improvements Projects
1700 Convention Center Drive
Miami Beach, FL 33139
08.31.2023
Revised 02.09.2024
Ariel:
I am submitting a proposal for fee. scope and schedule revisions to Amendment 3,
executed on June 23, 2022, 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").
A detailed description and reasoning for revisions is listed in the pages that follow.
Item #1- Project Phasing and Multiple Design Packages
Original Amendment 3 proposal
Schedule A.2023- Revised Scope of Services
- Item Ill. A Assumptions item #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."
Proposed revisions
On February 2023, following the completion of a Schematic Design reconciliation and
cost estimate, the City of Miami Beach Office of Capital Improvement Projects (CIP)
requested the design team advance construction documents for Meridian and Drexel
Avenues only while the City determined scope of work priorities for Lincoln Road in light
of cost estimate results, exceeding the available budget. A notice to proceed for this
limited scope. established as Phase 2. was issued on February 23, 2023.
Since NTP:
- 90% Construction Documents for Phase 2 were completed in May of 2023 as a
stand-alone package while design for Phase 3 (Lincoln Road) remained on hold.
- An HPB submission was prepared, presented and approved in May 2023, for
Phase 2 only.
- Presentations to the LRDBID and general public were completed in April 2023,
where proposed improvements to Phase 2 were presented.
- Multiple coordination meetings with various City departments were completed to
coordinate Phase 2 scope only.
4 bryant park,floor 11, new york, ny 10018• 212 433 1450 fieldoperations.net
I
JAMES
CORNER
FIELD
OPERATIONS
A phased approach to design tasks, separated by area, will result into two design
packages to be prepared and coordinated by the Consultant as opposed to originally
anticipated scope of one single package, to be separated and distributed as needed by
CM at Risk.
Non-continuous, phased design process will also result in additional coordination
meetings, stakeholder meetings, HPB submissions and permitting packages.
Item #2- Design Schedule Extension
Original Amendment 3 proposal
Schedule A.2023- Revised Scope of Services
- Item III.A Assumptions item 3:
"Design process will be one contiguous design and permit effort, inclusive of any
additional or alternate tasks/design."
Proposed revisions
Amendment #3 project schedule anticipated a continuous design effort for all aspects of
work, totaling 50 weeks, which started on August 1, 2022 and was expected to conclude
on July 2023.
The new phased project approach has resulted in non-continuous design tasks and a
design schedule extension. Per the new proposed schedule, it is anticipated that Phase
3 Task 2 (Construction Documents) will begin on the Fall of 2023 and concluding in the
summer of 2024, representing a 10-month extension of active design work.
Fees have been adjusted to account for extended design time as well as market yearly
fee increases.
Item #3- Separate bidding and construction mobilizations
Original Amendment 3 proposal
- Task 3: Bidding Assistance and Construction Observation
Describes Consultant involvement for up to one (1) Bid Package and a
consecutive twenty-four(24) month construction schedule.
- Schedule A.2023- Revised Scope of Services Assumptions item #5
"Fees for Construction Administration for Field Operations assume one
continuous construction period not exceeding 24 months in total.''
Proposed revisions
A phased approach will now require two rounds of bidding for two independent
construction mobilizations, subject to different contractors. This results in:
JAMES
CORNER
FIELD
OPERATIONS
- Doubling efforts on bidding assistance, submittal/ RFI reviews, site visits etc.
- The potential for a non-consecutive construction involvement between the two
phases.
- The potential for a construction period that extends beyond 24 months.
Item #4- CM-at-risk removed
Original Amendment 3 proposal
- Item C.5 Clarifications and exclusions:
• 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.
• 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 requiring electrical and plumbing connections to existing infrastructure
will be treated as a design-assist scope in collaboration with the Construction
Manager at Risk.
Proposed revisions
Scope and fee has been added for fountain specialist, civil engineer and electrical
engineer to perform on-site assessment of existing fountains, water service and
drainage connections- scope originally anticipated by CM-at-risk, make
recommendations for improvements and develop fully engineered construction and
permitting drawings for mechanical up-grades associated with existing fountains (500
block fountain excluded) and for new proposed 500 block fountain, as well as electrical
and plumbing connections necessary to operate water features.
Item #5- Inclusion of CCTV infrastructure at Meridian and Drexel Avenues'
Original Amendment 3 proposal
- Did not include infrastructure for CCTV system or coordination with City of Miami
Beach Police Department for on CCTV infrastructure.
Proposed revisions
JAMES
CORNER
FIELD
OPERATIONS
The City of Miami Beach Office of Capital Improvement Projects (CIP) has requested
Field Operations document CCTV infrastructure, limited to CCTV dedicated conduits,
pull boxes and flat plates on new light posts, as part of the Meridian and Drexel Avenue
renovation drawing set.
CCTV infrastructure is based on information and sketches provided by the City of Miami
Beach Police Department (CMBPD). Field Operations scope is limited to documenting
design provided by CMBPD into Construction Documents for bid and to ensuring
coordination with other proposed improvements and does not include security design or
verification of infrastructure requirements provided by CMBPD.
Item #6- Traffic Signal Additions
Miami Dade County requested signal modifications to intersections of Drexel Avenue
and 16th Street, Meridian Avenue and Lincoln Road, Meridian Avenue and 17th Street,
not originally included in the scope of work.
The City of Miami Beach Transportation Department requested the inclusion of
Rectangular Rapid Flashing Beacons (RRFBs) at the intersection of Meridian Avenue
and Lincoln Road, not originally included in the scope of work.
This proposal includes the following documents:
Schedule A.2023- Revised Scope of Services
- This document supersedes Schedule A.2022 dated of 05/27/2022 and included on
Amendment 3.
- 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.2023- Consultant compensation and travel expense outline
- This document supersedes Schedule B.2022 dated of 04/17/2022.
- 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.
- This document includes revised fees for travel expenses.
- This document keeps same fees as Amendment 3 for miscellaneous expenses.
Schedule E.2023- Revised Project Schedule
- This document supersedes Schedule E.2022 for Phase 3- Lincoln Road
Improvements.
JAMES
CORNER
FIELD
OPERATIONS
- This document supersedes Schedule E- Project Schedule included in the June 23,
2016 agreement.
Contract Amount Credit
The current Professional Services Agreement totals $7,865,080.00 US Dollars.
The following additional fees are being requested:
• Additional fees associated with this proposal (Amendment 4) total $632,566.00
US Dollars.
• A 10% fee contingency totaling $62,256.00 US Dollars.
• Amendment #3, to the current services agreement, executed on June 23, 2022,
omitted additional reimbursable expenses including in such agreement, totaling
$135,200 US Dollars.
When Amendment 3 was executed in June 23, 2022, representing a change in project
scope, a total of $1,216,695.29, from the original Professional Services Agreement
remained un-used.
Amendment #3 additional expenses and Amendment #4 additional fees and 10%
contingency, result in a total of $830,022.00 US Dollars, leaving $386,673.29 US
Dollars unused and to be credited back to the City upon the execution of Amendment 4.
My Very Best Regards,
Isabel Castilla
Associate Partner
Kimley>>> Horn Page
February 09, 2024
Isabel Castilla, ASLA
Associate Partner
Field Operations
4 Bryant Park
New York, NY 10018
RE: Proposal for Professional Engineering Consulting Services for
Lincoln Road District Improvements Phase 2 - Signal Modifications (Contract
Amendment)
City of Miami Beach, Miami-Dade County,Florida
Dear Ms. Castilla,
Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is submitting this proposal to
James Corner Field Operations ("Client") for providing professional engineering consulting
services for the above referenced project. All work under this scope will be in accordance with the
terms and conditions of the agreement between the Client and Kimley-Horn dated August 3,2016,
("the Agreement"), Which incorporates all subsequent amendments including the recent
Agreement reactivating dated July 29, 2022, concerning Lincoln Road District Improvements (the
"Project"). Our project understanding, scope of services, schedule, and fees follow:
PROJECT UNDERSTANDING
Our proposed scope of services and fee proposal is based on the Client's request to produce
engineering drawings related to proposed modifications to the intersections of Drexel Avenue and
16th Street, Meridian Avenue and Lincoln Road, Meridian Avenue and 17th Street and new
Rectangular Rapid Flashing Beacons (RRFBs)at the intersection of Meridian Avenue and Lincoln
Lane North.
SCOPE OF SERVICES
The following scope of services for the project will be completed by Kimley-Horn.
TASK 01 -SIGNALIZATION PLANS & PERMITTING SUPPORT
Kimley-Horn will perform the following tasks:
1. Drexel Avenue and 16"' Street:
a. Provide new control cabinet
b. Revise curb ramps at all corners
c. Provide pedestrian detection at all corners
d. Revise signing and pavement markings for the complete intersection
e. Rewire the complete intersection
f. Provide new metered service disconnect
g. Provide details for these modifications
2. Meridian Avenue and Lincoln Road:
a. Provide new metered service disconnect
b. Provide details for these modifications
3. Meridian Avenue and 17th Street:
a. Provide Video Detection for all approaches
b. Provide details for these modifications
4. RRFBs at Meridian Avenue and Lincoln Ln North
kimley-horn.com 2 Alhambra Plaza,Suite 500—Coral Gables,Florida 33134 305 673 2025
Kimley>>>Horn Paget
a. Provide two hardwired RRFBs to cross Meridian Avenue
b. Provide roadway plans and signing and pavement markings modifications
c. Provide details for these modifications
5. The following tasks will be performed for all intersections:
a. Plans Quantities
b. One (1)field visit for the intersections listed above
c. Voltage and Power Load calculations
d. Revise existing plan sheets and summary of pay items sheets
e. Coordination with FP&L for service points and service disconnects needs
Kimley-Horn will submit one revised set of plans to City of Miami Beach, Miami-Dade County(MDC)
Department of Transportation and Public Works (DTPW) Traffic Engineering Department and
Traffic signals and Signs Division for review and approval. Kimley-Horn will respond to one round
of reasonable comments and resubmit for Final approval if needed. The submittals to the City of
Miami Beach and Miami-Dade County will be concurrent.
Proposed improvements will be designed in accordance with the requirements, standards and
specifications of the City of Miami Beach, Miami-Dade County and FDOT, where applicable.
The quantities and Pay Items used for this project will be based on FDOT pay items as identified
in the FDOT Basis of Estimates website.
TASK 02—POST DESIGN SERVICES
Based on the typical process for approval and acceptance of signalization work in Miami-Dade
County, post design services will be required for this project. The work anticipated due to this work
in addition to the post-design services covered under the original contract for the Lincoln Road
District Improvements Phase 2 are:
• Shop Drawings Review
o Control cabinets
o Video Detection
o Service Disconnects
o Concrete Pole
Wiring
• One (1) Field Visit
• Up to three (3) Request for Information
• Prepare one (1) Signed and Sealed Revision
TASK 03—OPTIONAL SERVICES: MERIDIAN AVENUE CROSSWALK& RRFB ANALYSIS
The effort to be performed under this task will get started only after receiving written confirmation from
the Client for the performance of this specific task.
Subtask 3A: Traffic Data Collection
Pedestrian crossing volumes will be collected during a 12-hour period (7:00 A.M. to 7:00
P.M.)on a typical weekday(Tuesday, Wednesday or Thursday)and weekend day(Saturday
or Sunday)within three (3) 75-foot zones along Meridian Avenue.
Additionally, two (2) continuous 24-hour (Tuesday, Wednesday or Thursday and Saturday
or Sunday)machine counts will be collected along Meridian Avenue between 17th Street and
Lincoln Road. All traffic data will be collected in 15-minute intervals. The traffic counts will
be converted to peak season, where appropriate.
Subtask 3B: Crosswalk Warrant Analysis
A crosswalk and RRFB warrant analyses will be conducted for the proposed crosswalk
kimley-horn.com 2 Alhambra Plaza,Suite 500—Coral Gables,Florida 33134 305 673 2025
Kim ey>>>Horn Page
located at the south leg of the intersection of Meridian Avenue and Lincoln Lane North. The
warrant analysis will be based upon the guidelines contained the Florida Department of
Transportation's (FDOT) Traffic Engineering Manual (TEM) and the Federal Highway
Administration's (FHWA), Manual on Uniform Traffic Control Devices (MUTCD). The TEM
will be used to evaluate the appropriate treatment for the crosswalk, if warranted, under
existing (2024) conditions. The results of the analysis will be documented in a technical
letter.
Subtask 3C: Response to Agency Comments
The Consultant will prepare a maximum of one (1) round of responses to comments from Miami-
Dade County Traffic Engineering Division directly related to the services provided in Task 1. The
responses may include revising analyses, updating recommendations, and/or revising the report.
Responses to comments beyond the scope completed as part of Task 1 will be considered an
additional service.
TASK 04—ADDITIONAL SERVICES
Upon your written authorization, we might provide any additional services that may be required
beyond those described in Tasks 01 and Task 03. These services may include but are not limited
to such items as the following:
• Utility coordination
• Structural Design Services (if needed)
• Any work related to grants of easement or right-of-way acquisition. All proposed work is to
occur within public Right of Way
• Additional field visits, presentations, coordination,or meetings to those described in Task 01
through 02 above
• Redesign required because of changes from scope of services described above
• Cultural Resource Assessment for historical properties
• Plans Revisions due to the Client's requested changes or unforeseen conditions as
approved by the Client
SERVICES NOT INCLUDED
Services not included in this proposal, and that are not offered by Kimley-Horn are:
• Geotechnical services
• Subsurface Utility Exploration (SUE)
• Survey
SCHEDULE
We will provide the above-described services outlined in an expeditious and orderly manner to
meet the schedule mutually agreed to by the Client and Kimley-Horn and Associates. Inc. for the
various elements of the project.
kimley-horn.com 2 Alhambra Plaza,Suite 500—Coral Gables,Florida 33134 305 673 2025
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FEE AND BILLING
Kimley-Horn will accomplish the services outlined in Task 01 through Task 03, as follows:
Task Description Effort Utilized Fee Structure
for Task
Task 01 Signalization Plans and
Permitting Support
RRFBs $15,000 Lump Sum
MDC Required Signalization $41,000 Lump Sum
Improvements
Task 01 Total $56,000 Lump Sum
Task 02 Post-Design Services
RRFBs $7,600 Lump Sum
MDC Required Signalization $12,300 Lump Sum
Improvements
Task 02 Total $19,900 Lump Sum
Task 03 Optional Services: $9,000 Lump Sum
Meridian Avenue
Crosswalk & RRFB
Analysis
Task 03 $9,000 Lump Sum
Total $84,900 Lump Sum
Lump sum fees will be invoiced monthly based upon the overall percentage of services performed.
Direct expenses such as mileage, express delivery services and in-house computer use are
included in the lump sum fees. It is assumed that air travel and vehicular trips beyond the Miami-
Dade County will not be required.
Kimley-Horn will perform the services in Task 03 and 04 as required by the Client and only if
authorized in writing prior to performance. Payment will be due within 30 days of your receipt of
the invoice.
If you concur in all the foregoing and wish to direct us to proceed with the services, please have
authorized persons execute the service order for this project. Fees and times stated in this
Agreement are valid for sixty(60)days after the date of this letter.
We appreciate the opportunity to provide these services to you. Please don't hesitate to contact
Leonte Almonte or me at 305.673.2025 if you have any questions.
KIMLEY-HORN AND ASSOCIATES, INC.
pi
. L on=, P.E.
Prole, ,Manager/Associate
Cc: Ariel Guitian, —City of Miami Beach
David Gomez, —City of Miami Beach
kimley-horn.com 2 Alhambra Plaza,Suite 500—Coral Gables,Florida 33134 305 673 2025