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Amendment No. 3 to the Agreement with Kaufman Lynn Construction, Inc.AMENDMENT NO.3 TO THE AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK SERVICES BETW EEN THE CITY OF MIAMI BEACH,FLORIDA AND KA UFMAN LYNN CONSTRUCTION,INC.JAM 13 2125 DATED APRIL 30,2020 FOR THE PROVISION OF ADDITIONAL PRECONSTRUCTION SERVICES FORTHE FIRE STATION NO.1 PROJECT IN AN AMOUNT NOT TO EXCEED $194,500 THIS Amendment No.3 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 KAUFMAN LYNN CONSTRUCTION,INC.,a Florida Corporation having its principal office at 3185 South Congress Avenue,Delray Beach,Florida 33445 (the "Contractor"). RECITALS WHEREAS,on January 15,2020,pursuant to Request for Qualifications (RFQ)No.2019- 370-ND,the Mayor and City Commission (City Commission)adopted Resolution No.2020-31112 approving and authorizing the Mayor and City Clerk to execute an agreement with Kaufman Lynn Construction,Inc.(Kaufman Lynn)as Construction Manager at Risk (CMR),for the construction of the new Fire Station No.1 Facility (Fire Station),to be located at the South Shore Community Center (SSCC),833 6 Street,in the Flamingo Park Neighborhood in the amount of $80,000 for Pre-Construction Phase services only with a future Amendment for the final negotiated Guaranteed Maximum Price (GMP)for the construction phase of the project subject to prior approval of the Mayor and City Commission ;and WHEREAS,the new 29,369 square feet facility for the Fire Station will provide four drive- thru apparatus bays,living spaces,offices,a kitchen,a gym,support facilities and 34 parking spaces;and WHEREAS,on March 27,2023,the City Commission adopted Resolution No.2023- 32519,approving Amendment No.1 to the agreement with Kaufman Lynn for preconstruction services to include the manufacture and installation of a temporary modular structure for use by the Daycare,relocation of the Daycare to the temporary location in Flamingo Park and the structural and electrical infrastructure to support the Apollo Mural's installation on the facade of the Fire Station in the total amount of $395,000;and WHEREAS,on July 31,2023,NTP No.1A was issued to Kaufmann Lynn for the preparation and submittal of engineered shop drawings for the prefabricated modular buildings necessary for the temporary relocation of the Daycare to 1245 Michigan Avenue,in Flamingo Park;and WHEREAS,on September 13,2023,the City Commission adopted Resolution No.2023- 32775,approving Amendment No.2 to the Agreement with Kaufman Lynn,for the Guaranteed Maximum Price (GMP)for the construction of the Fire Station,the temporary Daycare and the infrastructure for the future installation of the Apollo Mural in the amount of $24,991,845;and WHEREAS,on February 21,2024,the City Commission adopted Resolution No.2024- 32927,item C7 W,directing the City Administration to study the possible relocation of the new Fire Station project to a City-owned site located at the western boundary of Flamingo Park at Alton Road between 11th and 12th Streets (Flamingo Park Site);and WHEREAS,on March 13,2024,the City Commission heard item C7 T which proposed suspension of any expenditures towards the Fire Station project,until the City Commission receives and evaluates recommendations on the options and viability of other suitable locations for the Fire Station;and WHEREAS,in March,the City notified Kaufman Lynn of the suspension of all expenditures pending direction from the City Commission regarding the location of the Fire Station;and WHEREAS,the amount earned by the CMR during the course of the project is $1,202,464 including $80,000 for pre-construction services for the Fire Station,$22,000 for preconstruction services related to the installation of the Apollo Mural,$48,000 for pre-construction services for the Daycare,$57,290 for the preparation of engineered shop drawings for the modular structures, $981,071 for general conditions,bonds,and insurance,and $14,103 for assistance with the analysis to relocate the Fire Station to the Flamingo Park Site;and WHEREAS,the Flamingo Park Site analysis showed that in order to accommodate the new Fire Station,the existing running track will need to be shifted eastward approximately 15', and additionally,the approximately 1700 SF restroom and locker building currently located west of the track,the approximately 800 SF field house located east of the track,and the scoreboard will have to be demolished and reconstructed;and WHEREAS,on June 26,2024,the City Commission adopted Resolution No.2024-33157, authorizing the Administration to proceed with the relocation of the Fire Station to the new proposed Flamingo Park Site,if a countyw ide referendum is approved by a majority of Miami- Dade County voters and more specifically,a majority of the City of Miami Beach's voters in the aggregate;and WHEREAS,on August 20,2024,a countywide referendum was held to approve the construction of a new Fire Station at the Flamingo Park Site,and an overwhelming majority of Miami-Dade County voters voted in favor of the measure,with 75.71 %voting in favor and 24.29% opposed ;and WHEREAS,the results of the referendum for Miami Beach precincts indicated strong support from City residents,with every Miami Beach precinct voting in favor of the new location; and WHEREAS,on September 11,2024,the City Commission adopted Resolution No.2024- 33259,directing the Administration to collaborate with the design consultant to explore modifications to the concept plans that could prevent shifting the running track and field,provided these changes did not significantly affect cost or duration of the Fire Station construction;and WHEREAS,on October 30,2024,a schematic layout for placing the Fire Station at Flamingo Park was presented to the City Commission indicating that the design used at the SSCC site would not fit in Flamingo Park,west of the track without impacting the track and field and that a redesign of the facility is required to accommodate the facility at this location;and WHEREAS,on October 30,2024,the City Commission adopted Resolution No.2024- 33345,establishing policy that the Fire Station construction at the Flamingo Park Site shall not result in the relocation of any portion of the running track and field,or any interruption of its use; and WHEREAS,at the October 30,2024 meeting,the City Commission also directed the Administration to issue a directive to Wannamacher Jensen Architects,Inc.(WJA)to implement such modifications to the construction drawings for the Fire Station,as necessary to ensure the running track and field will remain where currently located;and, WHEREAS,at the October 30,2024 meeting,the City Commission further directed the Administration to prepare the necessary amendment to the professional services agreement between the City and WJA to incorporate the additional design services:and WHEREAS,as the procurement method for the Fire Station is CMR,and the relocation of Fire Station requires a redesign,an amendment to the agreement with Kaufman Lynn is necessary to include additional preconstruction services during the redesign;and WHEREAS,Kaufman Lynn has provided a negotiated proposal for preconstruction services in the amount of $194,500,which includes an allowance of $50,000 for preconstruction services should the 911 Call Center be added to the Fire Station project,upon direction by the City Commission;and WHEREAS,as construction has been suspended,pending the redesign at the Flamingo Park Site,the amendment,will also include credits for all unused funds under the Agreement with Kaufman Lynn;and WHEREAS,Kaufman Lynn's contract amount of $25,466,845 minus a total amount earned of $1,202,464,results in an unused balance of $24,264,381;and WHEREAS,Amendment No.3 in the credit amount of $24,069,881 includes the additional preconstruction services and the unused contract funds;and WHEREAS,as construction activities will be delayed,the CMR will issue a reimbursement to the City for Builder's Risk Insurance and Payment and Performance Bonds,once those cancellations are processed;and WHEREAS,City staff has reviewed the negotiated proposal for the additional preconstruction services and found it reasonable for the effort required by the CMR;and 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 (a)The Agreement is amended,as provided he rein and in Schedule "A"attached hereto. (b)In consideration for the services to be performed under this Amendment No.3,the City shall pay Contractor the not-to-exceed amount of $194,500,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. 4.RATIFICATION. The City and Contractor 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. ATTEST?J JAN 1 3 2025 Rafael EGranado, City Clerk CITY OF MIAMI BEACH,FLORIDA Eric Carpenter City Manager ATTEST: CONSULTANT: Kaufman Lyn Construction,Inc.a=E-r> Print Name CHI L.LONG Print Name APPROVED AS TO FORM &LANGUAGE &F 'ECUTION rz)]2o zu Date 2019-370-ND Construction Manager at Risk (CMR) for the construction of a New Fire Station Number 1 Facility Additional Preconstruction Services I.PROJECT DESCRIPTION SCHEDULE "A" It is the City of Miami Beach's intention to build a new Fire Station Number 1 facility approximately 30,0000 sf and field building.The FS#1 previously designed and permitted for 833 6 Street,is being relocated to an alternate site as directed by the City Commission. The identified location of Alton Road (between 11"and 12"Street)will require relocation of the existing 2,000 sf field building.As the Construction Manager,Kaufman Lynn will provide preconstruction services as defined in the Contract Documents in consideration for a preconstruction fee of $194,500. II.FEE SCHEDULE TASK DELIVERABLE FEE Task I:1)Attend Preconstruction /Design $18,000 Meetings Schematic Design 2)Preliminary Preconstruction Schedule & CM Services Construction Phasing /Site 3)Schematic In-House Estimate Duration:30 Calendar Days 4)Constructability Analysis 5)Stakeholder,Community,and Department Meetings 6)Preconstruction Follow Requests / Services Task II:1)Master Project Schedule -Updated $36,500 (Preconstruction &Construction) 30%Design Documents 2)Proposed Construction Sequence CM Services 3)Proposed MOT &Site Logistics 4)Trade Bid Package List Duration:42 Calendar Days 5)Probable Cost Estimate 6)Constructability Analysis 7)Stakeholder,Community,and Department Meetings 8)Preconstruction Follow Requests/ Services Task Ill:1)Master Project Schedule -Updated $52,500 (Preconstruction &Construction) 60%Design Documents 2)Proposed Construction Sequence CM Services 3)Proposed MOT &Site Logistics 4)Trade Bid Package List Duration:42 Calendar Days 5}List of Pre-qualified Bidders 1of5]Page 6)Probable Cost Estimate 7)Constructability Analysis 8)Stakeholder,Community,and Department Meetings 9)Preconstruction Follow Requests I Services Task IV:1}Cost Model for GMP $27,500 2)Finalize Memorandum of Changes 90%Design Documents 3)Finalize Pre-qualified Bidders CM Services -Prior to GMP 4)Finalize Invitation to Bid 5)Finalize Bid Packages/Scopes of Work Duration:21 Days 6)Pre-Bid Conference 7)Stakeholder,Community,and Department Meetings 8)Preconstruction Follow Requests / Services Task V:1)Summary of Work $60,000 2)GMP Price Summary 90%Design Documents 3)Scope Clarifications and Assumptions CM Services -GMP 4)Detailed Estimates 5)Bid Tabulations Duration:42 Calendar Days 6)Preliminary Construction Schedule 7)Contract Documents -Construction Plan List and Specification List 8)Stakeholder,Community,and Department Meetings 9)Preconstruction Follow Requests / Services TOTAL:$194,500 Alternatives Preconstruction Services (if not concurrent with FS-I Precon Services) Alternate I:Allowance 1)Schematic,30%,60%&90%Sch.(I)-$4,500 Deliverables 30%CD (II)-911 Dispatch 2)Stakeholder,Community,and $10,000CMServices-GMP Department Meetings 3)Preconstruction Follow Requests /60%CD (Ill)- Duration:N/A Services $13,500 90%CD- (IV)$7,000 (V)$15,000 TOTAL:$50,000 Preconstruction Services -Descriptions 2 of 5 I Page www.kaufmanlynn.com GC021732 Task I:Upon receipt of the schematic design documents the Construction Manager (CM) Project Executive or the Project Manager will attend all design progress meetings.Within 30 days,the CM will fur ther develop the preliminary project sum mary schedule {preconstruction and construction,a schematic estimate and a constructability analysis including a review of all background data made available by City as to requirements, criteria,priorities,feasibility,and physical and financial limitations with regard to the Project.The Constru ction Manager shall become thoroughly familiar with the Project Site and surr ounding conditions and document the conditions observed on the Project Site with photos.The CM will participate in Stakeholder,Comm unity,and Departm ent Meetings along with providing Preconstruction Follow Requests and Services.This task will be billed upon CM's submission of deliverable for a total am ount of $18,000. Task II:Upon receipt of the 30%constru ction documents the Construction Manager (CM)shall participate in a progress status meeting with the Project Team.The Project Executive or the Project Manager will attend all design progress meetings.Within 42 calendar days,the CM will develop a more detailed project schedule,a proposed construction sequence,inclusive of a MOT and Site logistics plan.The CM will conduct constructability analysis and budget estimate.During this review effort,CM will work with the Design team and City to provide alternates and design solutions that are cost effective,value added and provide risk mitigation during constru ction.The CM shall provide constru ction expertise in development of the constru ction documents to provide optimal sequencing of the construction work to stay within budget and schedule.During the budget estimate review,CM will perform a constru ctability analysis of structure,and key building waterproofing components to identify defects,omissions,and recommendations for alternatives,and value engineering options for Design team and City review.The CM will participate in Stakeholder,Comm unity,and Department Meetings along with providing Preconstruction Follow Requests and Services.This task shall be billed upon submission of the 30%deliverable for a total amount of $36,500. Task III:Upon receipt of the 60%construction documents the Construction Manager (CM)shall participate in a progress status meeting with the Project Team.The Project Executive or the Project Manager will attend all design progress meetings.Within 42 calendar days,the CM will develop a more detailed project schedule,a proposed construction sequence,inclusive of a MOT and Site logistics plan.The CM shall provide a Trade Bid Package List,List of Pre-qualified Bidders,Probable Cost Estimate,and a Constructability Analysis.During this review effort,CM will work with the Design team and City to provide alternates and design solutions that are cost effective,value added and provide risk mitigation during construction.The CM will participate in Stakeholder, Community,and Departm ent Meetings along with providing Preconstruction Follow Requests and Services.This task shall be billed upon submission of the 60%deliverable for a total amount of $52,500. 3 of 5 I Page www.kaufmanlynn.com CGC021732 Task IV:Upon receipt of the 90%construction documents the Construction Manager (CM)shall participate in a progress status meeting with the Project Team.The Project Executive or the Project Manager will attend all design progress meetings.Within 21 calendar days,the CM will develop a cost model for the GMP,The Memorandum of Changes,list of Pre-qualified Bidders,Invitation to Bid,and Bid Packages will be pro vided to the Project Team for final approval.A Pre-Bid Conference meeting will be held with all the pre-qualified bidders to review the bid process.This task shall be billed aft er pre-bid conference for a total amount of $27,500 Task V:Within 42 calendar days after pre bid conference the Construction Manager will submit to the Project Team the GMP Book.Bid openings will be performed three weeks after the pre-bid conference,and then a comprehensive bid leveling process will occur to ensur e the Subcontractor bids are complete,and accurate.CM will package a GMP pro posal and review it w ith the C ity for recommendations of each trade,with the ability to dive deeper into any tra de to ensure the C ity and C M are in agreement with each scope of w ork,the pricing,and the Subcontra ctors qualifi cations and abili ty to perfo rm .The C M w ill part icipate in Stakeholder,Community,and Department Meetings along with providing Preconstru ction Follow Requests and Services.This task shall be billed upon submission of the GMP deliverable for a total amount of $60,000 Alternate Preconstruction Services: Alternate I 911 Dispatch Allowance:The 911 Dispatch Preconstruction Service shall run concurrently with the MBFS #1 preconstruction schedule.The Construction Manager (CM)will provide the Alternate Preconstruction Services for 911 Dispatch at an additional cost if not concurrent with MBFS #l,reviewing with the City each scope of work,pricing,and the Subcontractors'qualifications.These tasks shall be billed upon the submission of the scheduled deliverables for a total amount of $50,000. 4 of5]Page www.kaufmanlynn.com CGC021732 Miami Beach Fire Station #1 -Alton Road SCHEDULE "B"11/14/24 Kaufman Lynn Construction Pre-Construction Services Fee I 44 [wk Duration Note:There is design lags between estimates ITEM TOTAL Proposal w/Discount CONCEPTUAL ESTIMATE -2 WKS Review design drawings/work to date $- Conceptual Estimate $- Timeline Analysis $- Shell Analysis $- Site Development Analysis $- Preconstruclion Follow Requests /Services $- Total For Conceptual Estimate N/A N/A DD ESTIMATE -4 WKS Review design drawings/work to date $1,498 DD Estimate $6,665 Timeline Analysis $943 Project Analysis $2,652 Stakeholder,Community and Department Meetings $2,343 Preconstruction Follow Requests I Services $6,042 Total for DD Estimate $20,143 $18,000 30%CD ESTIMATE -6 WKS Document Review/KL Plan Flip $2,473 30%Estimate $12,006 ConstructabilityNE Analysis $2,636 Develop Baseline Schedule $2,812 Scope Bid Packages &Work Categories $1,045 MOT &Site Manag.Planning $- Stakeholder,Community and Department Meetings $5,133 Preconstruction Follow Requests I Services $16,106 Total For 30%CD Estimate $42,213 $36,500 60%CD ESTIMATE -6 WKS Document Review/KL Plan Flip $3,681 60%Estimate $18,752 ConstructabilityNE Analysis $6,496 Develop Baseline Schedule $3,481 Scope Bid Packages &Work Categories $2,696 MOT &Site Manag.Planning $2,075 Stakeholder,Community and Department Meetings $9,150 Preconstruction Follow Requests /Services $10,965 Total For 60%CD Estimate $57,297 $52,500 90%PERMIT DOC -9 WKS IGMP I7 WKS GMP Document Review /KL Final Plan Flip $9,195 Equipment Review/Coordination $2,913 Scope Bid Packages &Work Categories $19,591 Sub.Nendor Solic/Prequal/Recommend $3,221 Permit Coordination $1,042 Finalize Construction Schedule $4,753 Final Logistics /Safety Review $2,901 IGMP $16,099 True-up of IGMP (Permit Comments &Additional Revisions)$5,113 GMP -Finalization of Costs $5,113 Stakeholder,Community and Department Meetings $11,486 Preconstruction Follow Requests I Services $14,503 Total For GMP $95,928 $87,500 4 4 6 4 6 4 3 6 3 4 Preconstruction Totad~$2_1_5_,5_8_1 ~I _$19_4_,5_0~0 l 44~ Miami Beach Fire Station #1 -911 Dispatch 11/15/24 Kaufman Lynn Construction Pre-Construction Services Fee I 44 [wk Duration Note:There is desian laas between estimates ITEM TOTAL Proposal w/Discount CONCEPTUAL ESTIMATE -2 WKS Review design drawings/work to date $- Conceptual Estimate $- Timeline Analysis $- Shell Analysis $- Site Development Analysis $- Preconstruction Follow Requests /Services $- Total For Conceptual Estimate NIA NIA DD ESTIMATE -4 WKS Review design drawings/work to date $381 DD Estimate $2,229 Timeline Analysis $236 Project Analysis $539 Stakeholder,Community and Department Meetings $917 Preconstruction Follow Requests /Services $909 Total for DD Estimate $5,211 $4,500 30%CD ESTIMATE -6 WKS Document Review/KL Plan Flip $763 30%Estimate $3,772 ConstructabilityNE Analysis $763 Develop Baseline Schedule $703 Scope Bid Packages &Work Categories $365 MOT &Site Manag.Planning $- Stakeholder,Community and Department Meetings $1,542 Preconstruction Follow Requests /Services $3,324 Total For 30%CD Estimate $11,231 $10,000 60%CD ESTIMATE -6 WKS Document Review/KL Plan Flip $954 60%Estimate $5,715 ConstructabilityNE Analysis $1,624 Develop Baseline Schedule $870 Scope Bid Packages &Work Categories $674 MOT &Site Manag.Planning $519 Stakeholder,Community and Department Meetings $2,443 Preconstruction Follow Requests /Services $2,147 Total For 60%CD Estimate $14,946 $13,500 90%PERMIT DOC -9 WKS IGMP /7 WKS GMP Document Review /KL Final Plan Flip $1,959 Equipment Review/Coordination $728 Scope Bid Packages &Work Categories $5,420 Sub.Nendor Solic/Prequal/Recommend $805 Permit Coordination $267 Finalize Construction Schedule $1,188 Final Logistics /Safety Review $725 IGMP $5,063 True-up of IGMP (Permit Comments &Additional Revisions)$1,259 GMP -Finalization of Costs $1,259 Stakeholder,Community and Department Meetings $2,957 Preconstruclion Follow Requests/Services $3,067 Total For GMP $24,699 $22,000 Preconstruction Total~'$5_6_,0_8_7~I _$5_0_,o_o__,o I ~ RESOLUTION NO.2024-33412 Agenda Item:C7 B Date:12/11/2024 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AMENDMENT NO.3 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,FLORIDA AND CONSTRUCTION MANAGER AT RISK,KAUFMAN LYNN CONSTRUCTION, INC.,FOR THE NEW FIRE STATION NO.1,SAID AMENDMENT INCLUDES 1) TO PROVIDE FOR ADDITIONAL PRECONSTRUCTION SERVICES REQUIRED TO RELOCATE THE PROPOSED FIRE STATION NO.1 TO THE FLAMINGO PARK SITE,ON ALTON ROAD BETWEEN 11TH AND 12TH STREETS,WEST OF THE FOOTBALL FIELD ANO TRACK,IN ACCORDANCE WITH RESOLUTION NO.2024-33345,FOR A NOT-TO-EXCEED AMOUNT OF $194,500 AND 2)RESCINDING THE UNUSED REMAINING BALANCE OF THE GMP AMOUNT FOR CONSTRUCTION WORK NOT COMPLETED IN THE CREDIT AMOUNT OF ($24,264,381)FOR A TOTAL CREDIT IN THE AMOUNT OF ($24,069,881);TO BE CREDITED BACK TO THE PROJECT BUDGET FOR FUTURE USE. WHEREAS,on January 15,2020,pursuant to Request for Qualifications (RFQ)No.2019- 370-ND,the Mayor and City Commission (City Commission)adopted Resolution No.2020-31112 approving and authorizing the Mayor and City Clerk to execute an agreement with Kaufman Lynn Construction.Inc.(Kaufman Lynn)as Construction Manager at Risk (CMR),for the construction of the new Fire Station No.1 Facility (Fire Station),to be located at the South Shore Community Center (SSCC),833 6"Street,in the Flamingo Park Neighborhood in the amount of $80,000 for Pre-Construction Phase services only with a future Amendment for the final negotiated Guaranteed Maximum Price (GMP)for the construction phase of the project subject to prior approval of the Mayor and City Commission ;and WHEREAS,the new 29,369 square feet facility for the Fire Station will provide four drive- thru apparatus bays,living spaces,offices,a kitchen,a gym,support facilities and 34 parking spaces;and WHEREAS,on March 27,2023,the City Commission adopted Resolution No.2023- 32519,approving Amendment No.1 to the agreement with Kaufman Lynn for preconstruction services to include the manufacture and installation of a temporary modular structure for use by the Daycare,relocation of the Daycare to the temporary location in Flamingo Park and the structural and electrical infrastructure to support the Apollo Mural's installation on the facade of the Fire Station in the total amount of $395,000;and WHEREAS,on July 31,2023,NTP No 1A was issued to Kaufmann Lynn for the preparation and submittal of engineered shop drawings for the prefabricated modular buildings necessary for the temporary relocation of the Daycare to 1245 Michigan Avenue,in Flamingo Park;and WHEREAS,on September 13,2023,the City Commission adopted Resolution No.2023- 32775,approving Amendment No.2 to the Agreement with Kaufman Lynn,for the Guaranteed Maximum Price (GMP)for the construction of the Fire Station,the temporary Daycare and the infrastructure for the future installation of the Apollo Mural in the amount of $24,991,845;and WHEREAS,on February 21,2024,the City Commission adopted Resolution No.2024- 32927,item C7 W,directing the City Administration to study the possible relocation of the new Fire Station project to a City-owned site located at the western boundary of Flamingo Park at Alton Road between 11th and 12th Streets (Flamingo Park Site);and WHEREAS,on March 13,2024,the City Commission heard item C7 T which proposed suspension of any expenditures towards the Fire Station project,until the City Commission receives and evaluates recommendations on the options and viability of other suitable locations for the Fire Station;and WHEREAS,in March,the City notified Kaufman Lynn of the suspension of all expenditures pending direction from the City Commission regarding the location of the Fire Station;and WHEREAS,the amount earned by the CMR during the course of the project is $1,202,464 including $80,000 for pre-construction services for the Fire Station,$22,000 for preconstruction services related to the installation of the Apollo Mural,$48,000 for pre-construction services for the Daycare,$57,290 for the preparation of engineered shop drawings for the modular structures, $981,071 for general conditions,bonds,and insurance,and $14,103 for assistance with the analysis to relocate the Fire Station to the Flamingo Park Site;and WHEREAS,the Flamingo Park Site analysis showed that in order to accommodate the new Fire Station,the existing running track will need to be shifted eastward approximately 15', and additionally,the approximately 1700 SF restroom and locker building currently located west of the track,the approximately 800 SF field house located east of the track,and the scoreboard will have to be demolished and reconstructed;and WHEREAS,on June 26,2024,the City Commission adopted Resolution No.2024-33157, authorizing the Administration to proceed with the relocation of the Fire Station to the new proposed Flamingo Park Site,if a countywide referendum is approved by a majority of Miami- Dade County voters and more specifically,a majority of the City of Miami Beach's voters in the aggregate;and WHEREAS,on August 20,2024,a countywide referendum was held to approve the construction of a new Fire Station at the Flamingo Park Site,and an overwhelming majority of Miami-Dade County voters voted in favor of the measure,with 75.71%voting in favor and 24.29% opposed;and WHEREAS,the results of the referendum for Miami Beach precincts indicated strong support from City residents,with every Miami Beach precinct voting in favor of the new location; and WHEREAS,on September 11,2024,the City Commission adopted Resolution No.2024- 33259,directing the Administration to collaborate with the design consultant to explore modifications to the concept plans that could prevent shifting the running track and field,provided these changes did not significantly affect cost or duration of the Fire Station construction;and WHEREAS,on October 30,2024,a schematic layout for placing the Fire Station at Flamingo Park was presented to the City Commission indicating that the design used at the SSCC site would not fit in Flamingo Park,west of the track without impacting the track and field and that a redesign of the facility is required to accommodate the facility at this location;and WHEREAS,on October 30,2024,the City Commission adopted Resolution No.2024- 33345,establishing policy that the Fire Station construction at the Flamingo Park Site shall not result in the relocation of any portion of the running track and field,or any interruption of its use; and WHEREAS,at the October 30,2024 meeting,the City Commission also directed the Administration to issue a directive to Wannamacher Jensen Architects,Inc.(WJA)to implement such modifications to the construction drawings for the Fire Station,as necessary to ensure the running track and field will remain where currently located;and, WHEREAS,at the October 30,2024 meeting.the City Commission further directed the Administration to prepare the necessary amendment to the professional services agreement between the City and WJA to incorporate the additional design services;and WHEREAS,as the procurement method for the Fire Station is CMR,and the relocation of Fire Station requires a redesign,an amendment to the agreement with Kaufman Lynn is necessary to include additional preconstruction services during the redesign;and WHEREAS,Kaufman Lynn has provided a negotiated proposal for preconstruction services in the amount of $194,500,which includes an allowance of $50,000 for preconstruction services should the 911 Call Center be added to the Fire Station project,upon direction by the City Commission:and WHEREAS,as construction has been suspended,pending the redesign at the Flamingo Park Site,the amendment,will also include credits for all unused funds under the Agreement with Kaufman Lynn;and WHEREAS,Kaufman Lynn's contract amount of $25,466,845 minus a total amount earned of $1,202,464,results in an unused balance of $24,264,381;and WHEREAS,Amendment No.3 in the credit amount of $24,069,881 includes the additional preconstruction services and the unused contract funds;and WHEREAS,as construction activities will be delayed,the CMR will issue a reimbursement to the City for Builder's Risk Insurance and Payment and Performance Bonds,once those cancellations are processed;and WHEREAS,City staff has reviewed the negotiated proposal for the additional preconstruction services and found it reasonable for the effort required by the CMR;and 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 of the City of Miami Beach,Florida,approving and authorizing the City Manager and City Clerk to execute Amendment No.3 to the agreement between the City of Miami Beach,Florida and construction manager at risk,Kaufman Lynn Construction,Inc.,for the new Fire Station No.1, said amendment includes 1)to provide for additional preconstruction services required to relocate the proposed Fire Station No.1 to the Flamingo Park site,on Alton Road between 11th and 12th streets,west of the football field and track,in accordance with Resolution no.2024-33345,for a not-to-exceed amount of $194,500 and 2)rescinding the unused remaining balance of the GMP amount for construction work not completed in the credit amount of ($24,264,381)for a total credit in the amount of ($24,069,881);to be credited back to the project budget for future use. PASSED and ADOPTED this_Il_day or Lew ATTEST'zj DEC !2 202l Rafael E.Granado,City Clerk Steven Meiner,Mayor Sponsored by Commissioner Alex J.Femandez Sponsored by Commissioner Tanya K.Bhatt APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 12}l zo4 Date IANIB EAC H City of M iam i Beach,1700 Convention Cen ter Drive,Miami Beach,Florida 33139,www .miamibeachfl.gov OFFICE OF CAPITAL IMPROVEMENT PROJECTS Tel:305.673.7 071 Fax:305.673.7073 LETTER OF TRANSMITTAL TO : VIA: FRO M : DA TE: SU BJEC T: Eric Carpenter,P.E . City Manager David Martinez,P.E. Assistant City Manager David Gomez CIP Director January 9,2025 Amendment No.3 for Fire Station #1 -Kaufman Lynn Construction,Inc. We are submitting:Priority:Submitted for:Action Taken: []Permit Application [FRUSH []Review []Reviewed []Final Acceptance Letter []High Priority EI Approval/Signature []Approved []Letter to Commission []L_ow Priority D Comment []Returned forDAgendaItemsDForyouruseCorrections []Other:Change Order D As requested []Returned due to revisions Due Date:0 nee ready,please contact Gloria Salam ext.26854 Notes: Enclosed please find "Addendun No.3"to the Agreement for Construction Manager-At-Risk Services between the City of Mia.mi Beach and Kaufman Lynn Construction,Inc ..dated April 30,2020,for pre construction services for Fire Station 1 to be relocated to Flamingo Park located at Alton Road (between 11and 12"Street). CC:David Gomez,Director Colette Satchell,Interir Division Director Herman Fung,Project Manager We are committed to providing excellent public service and safety to all who live,work,and play in our vibrant tropical,historic community.