Resolution 2025-33514RESOLUTION NO.2025-33514
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.1 TO THE
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,FLORIDA AND
KAUFMAN LYNN CONSTRUCTION,INC.,CONSTRUCTION MANAGER AT
RISK FOR THE 72ND STREET COMMUNITY COMPLEX PROJECT,SAID
AMENDMENT TO INCLUDE ADDITIONAL PRECONSTRUCTION SERVICES
FOR:1)ADDITIONAL SCHEMATIC LEVEL BUDGET ESTIMATES AND
CONSTRUCTABILITY ANALYSIS THAT WERE NOT PART OF THE ORIGINAL
CONTRACT OF SERVICES;2)UNANTICIPATED AND ADDITIONAL
SERVICES RELATED TO COST ESTIMATES IN RESPONSE TO COMMISSION
DISCUSSIONS AND REQUESTS FOR ADDITIONAL INFORMATION RELATED
TO PROGRAM CHANGES AND ADJUSTMENTS;AND 3)AN ALLOWANCE
FOR ADDITIONAL SERVICES FOR FUTURE UNFORESEEN MEETINGS AND
CONSTRUCTABILITY ANALYSIS,IN THE NOT-TO-EXCEED AMOUNT OF
$95,000,UTILIZING PREVIOUSLY APPROPRIATED PROJECT FUNDING.
WHEREAS,on June 28,2023,pursuant to Request for Qualifications (RFQ)No.2023-
120-ND,the City Commission adopted Resolution No.2023-32620 approving and authorizing the
Mayor and City Clerk to negotiate an agreement with Kaufman Lynn Construction,Inc (KL)as
Construction Manager at Risk (CMR),of the new 72°Street Community Complex for the pre-
construction services of the new 72°Street Community Complex;and
WHEREAS,on November 27,2023 the Agreement was executed in the amount of
$242,960;and
WHEREAS,on February 9,2024,KL submitted an estimate of construction cost and
Value Engineering (VE)analysis for the design concept provided by the design consultant,
Wannemacher Jensen Architects,Inc.(WJA),which exceeded the $70M construction budget
target;and
WHEREAS,on February 28,2024,in accordance with the agreement for design services,
WJA submitted design concept submitted a redesign concept in an attempt to meet the
construction budget;and
WHEREAS,on April 5,2024,KL submitted a second estimate of the construction cost for
the revised concept,which exceeded the $70M construction budget by approximately 14 percent
(14%),and identified VE strategies that could resolve the budget concerns;and
WHEREAS,the original scope of work under the Agreement included only one iteration
of cost estimating and value engineering during the conceptual /schematic design phase;and
WHEREAS,during the October 30,2024,meeting of the City Commission,as part of a
discussion item R9 AE sponsored by Commissioner Magazine and co-sponsored by
Commissioner Bhatt,the City Commission discussed the potential redesign of the 72nd Street
Community Complex (Project),and more particularly,reconsidering the rooftop competition sized
pool and other recreational options,such as soccer field or pickleball courts,to reduce expenses,
directed the Administration to provide a Project update at the next Commission meeting and
deferred any major changes to the design until they can examine the project further;and
WHEREAS,in preparation for the presentation to the City Commission,and in order to
address questions regarding potential cost reductions,City Staff directed KL to prepare various
cost estimates considering potential changes to project scope,thereby identifying any potential
cost savings;and
WHEREAS,KL has provided a negotiated proposal for 1)additional schematic level
budget estimate and constructability analysis for revised concept that was not part of the original
contract scope of work;2)various cost estimates and constructability analysis in response to City
Commission discussion and requests for additional information,including the removal and
relocation of the aquatic program,and an analysis of an additional parking level at the garage;
and 3)an allowance for additional services for future anticipated costs for estimates,
constructability analysis and meetings outside of the original project scope;and
WHEREAS,the negotiated proposal submitted by the Consultant was reviewed and
analyzed by City staff and was found to be fair and reasonable;and
WHEREAS,This Amendment No.1 in the amount of $95,000.00 will revise the total
contract amount to $337,960.00.
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,approve and authorize the City Manager and City Clerk to
execute Amendment No.1 to the agreement between the City of Miami Beach,Florida and
construction manager at risk,Kaufman Lynn Construction,Inc.,for the 72°Street Community
Complex project,in the not-to-exceed amount of $95,000,said amendment including 1)additional
schematic level budget estimate and constructability analysis for revised concept that was not
part of the original contract scope of work;2)unanticipated and additional services related to cost
estimates in response to Commission discussions and requests for additional information related
to program changes and adjustments;and 3)an allowance for additional services for future
unforeseen meetings,constructability analysis and meetings outside of the original project scope
in the not-to-exceed amount of $95,000,utilizing previously appropriated project funding.
PASSED and ADOPTED this le _day «leray7 ,2025.
ATTEST:
7d M/\R O 3 2025
Rafael E.Granado,City Clerk
e=-Steven Meiner,Mayor
APPROVED AS TO
FORM &LANGUAGE
&F EEUUTION
2 h]2os
Date
Resolutions -C7 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter,City Manager
DATE:February 26,2025
TITLE: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.1 TO THE
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH,FLORIDA AND KAUFMAN
LYNN CONSTRUCTION,INC.,CONSTRUCTION MANAGER AT RISK FOR THE
72ND STREET COMMUNITY COMPLEX PROJECT,SAID AMENDMENT TO
INCLUDE ADDITIONAL PRECONSTRUCTION SERVICES FOR:1)ADDITIONAL
SCHEMATIC LEVEL BUDGET ESTIMATES AND CONSTRUCTABILITY ANALYSIS
THAT WAS NOT PART OF THE ORIGINAL CONTRACT OF SERVICES;2)
UNANTICIPATED AND ADDITIONAL SERVICES RELATED TO COST
ESTIMATES IN RESPONSE TO COMMISSION DISCUSSIONS AND REQUESTS
FOR ADDITIONAL INFORMATION RELATED TO PROGRAM CHANGES AND
ADJUSTMENTS;AND 3)AN ALLOWANCE FOR ADDITIONAL SERVICES FOR
FUTURE UNFORESEEN MEETINGS AND CONSTRUCTABILITY ANALYSIS,IN
THE NOT-TO-EXCEED AMOUNT OF $95,000,UTILIZING PREVIOUSLY
APPROPRIATED PROJECT FUNDING.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission)adopt
the Resolution.
BACKGROUND/HISTORY
On November 6,2018,Miami Beach residents approved a ballot measure,authorizing the
issuance of a General Obligation Bond (G.O.Bond),which included the 72nd Street Community
Complex Project.City staff and a design criteria professional developed a feasibility study and
Design Criteria Package (DCP)while meeting with project stakeholders to discuss and refine
project requirements.The resultant project program included a 500-space parking structure,50-
meter competition pool with support amenities,25-meter multi-purpose pool,5,000-10,000 SF
Miami-Dade County Library,5,000 SF commercial /retail,7,500 SF fitness center,5,000 SF
community center,60,000 SF of active green space and a jogging path.
On June 28,2023,pursuant to RFQ No.2023-120-ND,the City Commission adopted Resolution
No.2023-32620 approving and authorizing the Mayor and City Clerk to negotiate an agreement
for the preconstruction services phase with Kaufman Lynn Construction,Inc.(KL)as Construction
Manager at Risk (CMR),of the new 72nd Street Community Complex (Project).On November
27,2023,the agreement (Agreement)was executed in the amount of $242,960.
The Project currently includes a multi-level mixed-use parking garage,including approximately
500 parking spaces,a 50-meter competition pool with support amenities,a 25-meter multi-
purpose pool,7,500 SF Miami-Dade County library,5,000 SF commercial/retail,7,500 SF fitness
center,5,000 SF community center,60,000 SF of active green space,and a jogging path,with a
total project budget of $101,742,327.
Page 397 of 1310
ANALYSIS
On February 1,2024,the architectural and engineering design consultant,Wannemacher Jensen
Architects,Inc.(WJA)submitted a design concept during the programming phase for review by
KL.On February 9,2024,KL submitted the schematic level budget estimate of construction cost,
which exceeded the $70M construction budget target,and in accordance with the Agreement,
provided constructability analysis and value engineering (VE)recommendations.
In accordance with the agreement for design services,on February 28,2024,WJA submitted a
redesigned concept to meet the construction budget.On April 5,2024,KL submitted a second,
unanticipated,estimate of the construction cost for the revised concept,which exceeded the $70M
construction budget by approximately 14 percent (14%).KL repeated the constructability analysis
and identified VE strategies that could resolve the budget concerns.All proposed VE strategies
ensured that the program,scope and performance of the facility remain unimpacted.
The original scope of work under KL's Agreement only included one iteration of cost estimating
and value engineering during the conceptual I schematic design phase.The additional estimate
and constructability analysis provided by KL for the revised concept was not included in the
original Agreement.
During the October 30,2024,meeting of the City Commission,as part of discussion item R9 AE
sponsored by Commissioner Magazine and co-sponsored by Commissioner Bhatt,the City
Commission discussed the potential redesign of the Project,and more particularly,reconsidering
the rooftop competition sized pool and other recreational options,such as soccer field or pickleball
courts,to reduce expenses.Ultimately,the City Commission directed the Administration to
provide a Project update at the next Commission meeting.
During the December 11,2024,meeting of the City Commission,the project was discussed as
part of agenda item R9 E.The City Commission directed the Administration to add (1)level of
parking,explore adding pickleball courts or other activation to the top level of parking,research
public demand for the facility and commence public outreach.The Administration advised that
the cost to add (1)level of additional parking would increase the total project budget by
approximately $4,500,000.
In preparation for the presentation to the City Commission,and in order to address questions
regarding potential cost reductions,City staff directed KL to prepare various cost estimates
considering potential changes to project scope,thereby identifying any potential cost savings.
These estimates included determining the cost impacts of changing program elements,adding a
level of parking,replacing the aquatic components and alternative sports field configurations.
These additional services were not included in the original Agreement and are thereby included
in this Amendment No.1.
Finally,in consideration of the extensive upcoming community input,City staff has asked that KL
include an allowance for additional cost estimates,constructability analysis and community
meetings.
KL has provided a negotiated proposal for 1)additional schematic level budget estimate and
constructability analysis for revised concept that was not part of the original contract scope of
work,2)various cost estimates and constructability analysis in response to City Commission
discussion and requests for additional information,including the removal and relocation of the
aquatic program,and an analysis of an additional parking level at the garage and,3)an allowance
for additional cost estimates,constructability analysis and community meetings outside of the
original project scope.
Page 398 of 1310
This Amendment No.1 (Exhibit A)in the amount of $95,000 will revise the total contract amount
to $337,960.
City staff has reviewed and negotiated the proposal and finds that the fees are fair and
reasonable.
FISCAL IMPACT STATEMENT
The total amount of the Amendment is for a not-to-exceed amount of $95,000 utilizing previously
appropriated project funding.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
490-0820-061357-26-418-528-00-00-00-22150
CONCLUSION
$95,000
The Administration recommends that the City Commission approve the resolution.
Applicable Area
North Beach
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-172
Yes
Is this item related to a G.O.Bond
Project?
Yes
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
Capital Improvement Projects
Sponsor(s)
Co-sponsor(s)
Page 399 of 1310
Condensed Title
Execute Amendment 1,Construction Manager for 72nd Street Community Complex Project.
CIP
Previous Action (For City Clerk Use Only)
Page 400 of 1310
EXHIBIT A
AMENDMENT NO.1
TO
THE AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK SERVICES
BETWEEN THE CITY O-MIAMI BEACH,FLORIDA
AND
KAUFMAN,LYNN CONSTRUCTION,INC.
DATED NOVEMBER 27,2023
FOR THE PROVISION OF ADDITIONAL PRECONSTRUCTION SERVICES FOR THE 72ND
STREET COMMUNITY COMPLEX PROJECT IN AN AMOUNT NOT-TO-EXCEED $95,000
This Amendment No.1to the Agreementis made and entered this_day Of'
2025,by and between the CITY OF MIAMI BACH,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 KALFMAN,LYNN CONSTRUCTION,INC.,a Florida
Corporation,having its principal office at 3185 3uth Congress Avenue,Delray Beach,FL 33445
(the "Contractor").
RECITALS
WHEREAS,on June 28,2023,pursuan to Request for Qualifications (RFQ)No 2023-120-
ND,the City Commission adopted Resolution No.2023-32620 approving and authorizing the Mayor
and City Clerk to negotiate and execute an agreeent (Agreement)with Kaufman Lynn Construction,
Inc.(KL)as Construction Manager at Risk (CMR),for the pre-construction services of the new 727°
Street Community Complex;and
WHEREAS,on November 27,2023,the Agreement was executed in the amount of $242,960;
and
WHEREAS,on February 1,2024,the architectural and engineering design consultant,
Wannemacher Jensen Architects,Inc.(WJA)submitted a design concept during the programming
phase for review by KL;and
WHEREAS,on February 9,2024,KL submitted the schematic level budget estimate of
construction cost,constructability analysis and vdue engineering (VE)analysis for the design concept
provided by the design consultant,which exceeced the $70M construction budget target;and
WHEREAS,on February 28,2024,in accordance with the agreement for design services,
WJA submitted a redesigned concept in an attenpt to meet the construction budget;and
WHEREAS,on April 5,2024,KL submitted a second estimate of the construction cost for the
revised concept,which exceeded the $70M construction budget by approximately 14 percent (14%)
and repeated the constructability analysis which dentified VE strategies that could resolve the budget
concerns;and
WHEREAS,the original scope of work under the Agreement included only one iteration of
cost estimating and value engineering during the conceptual /schematic design phase;and
WHEREAS,during the October 30,2C24,meeting of the City Commission,as part of a
discussion item R9 AE sponsored by Commissioner Magazine and co-sponsored by Commissioner
Bhatt,the City Commission discussed the potenlal redesign of the 72nd Street Community Complex
(Project),and more particularly,reconsidering the rooftop competition sized pool and other
recreational options,such as soccer field or pckleball courts,to reduce expenses,directed the
Page 401 of 1310
EXHIBIT A
Administration to provide a Project update at the next Commission meeting and deferred any major
changes to the design until they can examine the project further;and
WHEREAS,in preparation for the presentation to the City Commission,and in order to address
questions regarding potential cost reductions,Ciy staff directed KL to prepare various cost estimates
considering potential changes to project scope,hereby identifying any potential cost savings;and
WHEREAS,the requested additional estinates,not included in the original Agreement,were
necessary to determine the cost impacts of chaging program elements,adding a level of parking,
replacing the aquatic components and alternative sports field configurations;and
WHEREAS,in consideration of the extemive upcoming community input,City staff has asked
that KL include an allowance for additional costestimates,constructability analysis and community
meetings;and
WHEREAS,KL provided a negotiated poposal in the not-to-exceed amount of $95,000 that
includes additional schematic level budget estimate and constructability analysis for revised concept
that was not part of the original contract scope of Nork,the various cost estimates and constructability
analysis in response to City Commission discusion and requests for additional information,and the
allowance for additional cost for estimates,constuctability analysis and community meetings outside
of the original project scope;and
WHEREAS,the negotiated proposal subnitted by the Consultant was reviewed and analyzed
by City staff and was found to be fair and reasorable;and
WHEREAS,this Amendment No.1 will reiise the total contract amount to $337,960.
NOW.THEREFORE,the parties heret,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 heeby acknowledged,do agree as follows:
1.ABOVE RECITALS
The above recitals are true and ccrect and are incorporated as a part of this
Amendment No.1.
2.MODIFICATIONS
(a)The Agreement is amenced,as provided he rein and in Schedule "A"
attached hereto.
(b)In consideration for the services to be performed under this Amendment No.
1,City shall pay Consultant the not-to-exeed amount of $95,000.00 as provided in Schedule
"B",attached hereto,
3.OTHER PROVISIONS.
All other provisions of the Agreement,a:amended,are unchanged and shall remain in full
force and effect.
4.RATIFICATION.
The City and Consultant ratify the terms of the Agreement,as amended by this
Amendment No.1
Page 402 of 1310
EXHIBIT A
IN WITNESS WHEREOF,the parties hereto have caused this Amendment No.1 to be executed
in their names by their duly authorized official:as of the date first set forth above.
ATTEST:
EricCarpenter,City Manager
Rafael E.Granado,City Clerk
ATTEST:
Secretary
Print Name
CONSUL TANT:
Kauman,Lynn Construction,Inc.
President
Prirt Name
Page 403 of 1310
EXHIBIT A
SCHEDULE "A"
2023-120-ND
Construction Manager at Risk (CMR)
for the cmstruction of
72°Street Community Complex Project
Additional Preccnstruction Services
January 20,2025
I.PROJECT DESCRIPTION
The new 72°Street Complex projec encompasses site planning,design and
construction of a new facility approximately located,in parking lot P92 (P92),in the City
of Miami Beach and encompasses the en:ire block bordered to the north and south by
73rd and 72nd Streets,Collins Avenue tc the east and Harding Avenue to the west of
Parking Lot 92.The project scope induces a 500-space parking structure,a rooftop
competition pool with support amenities,amulti-purpose warm-up pool,a 5,000 -10,000
SF Miami-Dade County library,a commecial/retail space,a 7,500 SF fitness center,a
community center,an active green space,and a jogging path.The project shall conform
with the City's future sea level rise initiatives,storm water management and resiliency
programs.The completed facility shall incorporate materials and methods that promote
environmental quality,economic vitality,ad social benefit through the construction and
operation of the built environment,in a mnner to achieve agreed-upon sustainability or
"green"initiatives approved by the City fcr the Project.On January 31,2024,Kaufman
Lynn was issued a PO for Pre-Constructim Services for $242,960.
After completion of Kaufman Lynn's Task I deliverable,to provide a budget for a
schematic progress set of drawings (COVCEPT A),which exceeded the construction
budget,the CMR was asked to provide additional deliverables for revised drawings
(CONCEPT B).The fee for these deliverbles,which were not a part of the original PO
and contract scope of services,amount tc $30,000.
As part of the preparations for the Novemer and December Commission Meetings,the
CMR was requested to provide two (2)additional analyses:Elimination and/or relocation
of the aquatic pools and the addition of another level of parking.The fee for these
additional deliverables is $30,000.
Kaufman Lynn is submitting this additiona preconstruction service request for $30,000
in addition to the Commission Meetings Preparation (Pool and Garage level Analysis)for
$30,000 and Alternate Task Allowance fo future anticipated cost estimating,meetings
and constructability analysis of $35,000 as part of Amendment I for a total amount of
$95,000.
Page 404 of 1310
EXHIBIT A
II.FEE SCHEDULE -ADDITIONAL PRECONSTRUCTION SERVICES
TASK DELIVERABLE FEE
Task I:1)Conce»t B Schematic Estimate $30,000
2)R1:Cmcept B Revision 1 Schematic
Alternate Concept EstimaeEstimation3)R2:Co1cept B Revision 2 Schematic
Duration:42 Calendar Estimae
Days
Commission Meetings Efforts to pepare for the November and $30,000
Preparation:December2024 Commission Meetings,
including:Pool removal analysis and
additional Garage level Analysis
Allowance for Future Future Antcipated cost estimating,$35,000
Anticipated Costs:meetings ad constructability analysis
Total $95,000
NARRATIVE -ADDITIONAL PRECONSlRUCTION SERVICES
Task I:Provide Design-Assist services forthe express goal of helping the Design Team
and City of Miami Beach set the project deliverable,by budgeting the Concept B
Schematic Estimate,the R1:Concept B Revision 1 Schematic Estimate,and the R2:
Concept B Revision 2 Schematic Estimte.Working in partnership with the Design
Professionals,the Construction Manager (CM)shall provide constructability and
budgetary guidance.Additionally,The Froject Executive,the Project Manager and/or
members of the KL team will attend varicus meetings as requested.Support services
for this task will be billed as reimbursable using billable rates provided in attached
Preconstruction Services Fee schedule against $30,000.
Commission Meetings Preparation:In preparation for the November and December
2024 Commission Meetings,Kaufman Lym was requested to conduct multiple analyses
on the removal and/or relocation of the aquatic pools.Additionally,Kaufman Lynn was
tasked with providing an analysis for the addition of another garage level.Support
services related to these tasks are outlinec in the attached Preconstruction Services Fee
Schedule.The total fee for these deliverables is $30,000
Alternate Task Allowance,associated wit additional tasks required and subject to the
Owner's prior approval.The primary purpse is to allow for additional estimating services
during the preconstruction phase or theeafter as the project necessitates additional
services including but limited to cost estimating,constructability analysis,and required
design and city meetings.Support services for this task will be billed as a reimbursable
against $35,000
www.kautmanhynn.com &Ga21732
L.A I1 D II HSCHEDULE"B"
M iam i B ea ch 72nd Str ee t C o m plex I 1/20/25
Kaufman Lynn Construction
Pre-Construction Services Fee
ITEM TOTAL DISCOUNTI
I
I
Task l:Alternate Concept Estimation
Concept B Schematic Estimate s 16.560,S 10.000
R1 Concept B Revision 1 Schematic Estimate s 22 815 s 10.000
R2 Concept B Revision Schematic Estimate $22.635 s 10.000
Total For Conceptual Estimate s 62 010 s 30.000
Commis ion Meetings -November and Dec ember
Efforts to prepare for the November and December 2024
Commission Meetngs induding Pool removal analysis and
additional Garage level Analysis s 42.380 s 30.000
Total for DD Estimate s 42 380 s 30.000
Alternate Tasks Allowance II
Future Anticipated Costs Estimating Meetings and Costrutabilty
Analysis s 35 000 s 35 000
Total for DD Estimate s 35.000'$35.000
Preconstruction Sub-Totals
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www.kautman bynn .com &C02 1732