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Amendment 1 to PSA - Coastal Systems International AMENDMENT NO. 1 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A/E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND COASTAL SYSTEMS INTERNATIONAL, INC., DATED JANUARY 17TH, 20079 FOR THE PROVISION OF SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES FOR THE BEACHWALK II PROJECT IN THE AMOUNT OF $49,360 This Amendment No. 1 to the Agreement made and entered this day of 2013, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139,and COASTAL SYSTEMS INTERNATIONAL, INC., a Florida corporation, having its offices at 464 South Dixie Highway, Coral Gables, FL 33146 (hereinafter referred to as Consultant). RECITALS WHEREAS, pursuant to Request for Qualifications(RFQ) No. 08-05/06, the Mayor and City Commission approved the City Manager's recommendation relative to the RFQ, and authorized the Administration to negotiate with the top ranked proposer, Coastal Systems International (CSI); and WHEREAS, the Administration recommended that the Mayor and the City Commission approve and authorize the Mayor and City Clerk to execute a Professional Services Agreement with CSI, in the amount of $486,731, for the design, engineering, permitting, and construction administration services for the Beachwalk II Project (PROJECT); and WHEREAS, the Agreement provides for the design, permitting, bidding / award and construction administration services for the Project; and WHEREAS, ratifying additional services approved to coordinate approval for the Florida Department of Environmental Protection (FDEP) permit, the Environmental Resource Permit(ERP) required for the associated storm water drainage structures proposed as part of for the Sunrise Pedestrian Connection between the Southern Terminus of the Beachwalk II project and 100 South Pointe Drive property,.and to provide digital renderings for the community meeting with Beachwalk II, Phase I I (proposed between Marjory Stoneman Douglass Park and 5th Street)riparian owners in the total amount of$35,590; and WHEREAS, this Amendment No. 1 to the Agreement is for supplemental construction administration services that include general coordination and communication with the City and the Contractor; attend and participate in the Pre-Construction Meeting with the City as well as all project progress meetings; conduct field inspections on a daily basis throughout the course of the project; prepare daily reports; provide photographic records of construction activities; review materials and workmanship of the project and report to the City any deviations from the Contract Documents; monitor delivery of materials to the job site; review shop drawings; issue non-compliance notices when required; identify any existing facilities damaged by the Contractor; perform independent review of any change orders submitted by the Contractor; monitor progress of construction and ensure the Contractor's adherence to the schedule; verify pay requisition quantities and sign off on all pay Page 1 of 3 Coastal Amendment No 1-Beachwalk 11 i requisitions; coordinate various tests for quality control of the project; monitor record drawing mark- ups; recognize hazards while in the normal conduct of onsite business; review and monitor the Contractor's adherence to an acceptable quality control program; verify compliance with the Maintenance of Traffic(MOT) plan in the field; attend "walk-through" inspections of the work; attend and participate in a final completion walk-through and inspection; and WHEREAS, the foretasted work as set forth in the following Amendment No.1 is for a not to exceed amount of$49,360; 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. 1. 2. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 3. RATIFICATION. The City and Consultant 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 City Clerk Mayor ATTEST : CONSULTANT: COASTAL SYSTEMS INTERNATIONAL, INC. Signature: Signature Print Name /Title Print Name / Title Page 2 of 3 Coastal Amendment No 1-Beachwalk 11 SCHEDULE "A-1" SCOPE OF SERVICES (See Attached) Page 3 of 3 Coastal Amendment No 1-Beachwalk 11 248600 SCHEDULE "A" - SCOPE OF SERVICES CITY OF MIAMI BEACH BEACHWALK II - PHASE I (From South Point Drive to 3rd Street) Amendment No.1 —August 3, 2013 The following is an addendum to the original Scope of Work to be provided by the Coastal Systems International, Inc. (Consultant) team for the City of Miami Beach (City) relative to the proposed "Beachwalk II" Phase I from South Point Park to 3rd Street Project (Project). The task numbers are sequential to the original contract. CONSULTING SERVICES PART 3.3 — SUPPLEMENTAL CONSTRUCTION ADMINSTRATION — PHASE I Supplemental Construction Administration Services: The CONSULTANT will provide Supplemental Construction Administration services to assist the City during construction of Phase I over the estimated six (6) month duration of construction until final completion. These services will supplement the construction administration services being provided by both The CONSULTANT and the sub-consultants, as well as construction management services provided by the City. The following Supplemental Construction Administration Services will be provided by The CONSULTANT: -1- 248600 3.3.1 General Coordination and Contract Administration: The CONSULTANT will communicate daily or periodically with the City related to progress on the project and any issues that are being addressed. The CONSULTANT will report on concerns as it relates to the construction effort and activities. In addition, The CONSULTANT shall also coordinate with the contractor's Public Information Officer where notifications such as utility outages, road closures, etc. may be required. The CONSULTANT will monitor and verify that the Contractor has made the required notifications to the utility owners, residents and businesses as may be required. • Liaison: Serve as Engineer's liaison with Contractor, working principally through Contractor's authorized representative, assist in providing information regarding the intent of the Contract Documents. - Assist Engineer in serving as City's liaison with Contractor when ■ Contractor's operations affect City on-Site operations. - Assist in obtaining from City additional details or information, when ■ required for proper execution of the Work. • Records: Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major - Suppliers of materials and equipment. - Maintain records for use in preparing Project documentation. • Schedule: The CONSULTANT will review and familiarize themselves with the construction schedule, monitor the progress of construction, and ensure that Contractor's adherence to the schedule. The Contractor will be required to submit a detailed schedule to The CONSULTANT at the pre-construction meeting. This schedule will be reviewed and approved by The CONSULTANT -2- 248600 and the City. This schedule will be updated on a by weekly basis by the Contractor; however, The CONSULTANT will be responsible for reviewing the Contractor's schedule to confirm accuracy of the work activities completed. Analysis of the Contractor schedule will be on the basis of planned versus actual costs for the month and construction contract to date. Consultant shall verify that the Contractor is uploading approved schedule and schedule updates to the City's E-Builder document management system. 3.3.2 Resident Information Meetings: The CONSULTANT will be expected to attend, address residents concerns, participate, produce meeting minutes, and take a lead role in Resident Information Meetings with the City for the Project. Three (3) meetings are budgeted. 3.3.3 Photographic Record: The CONSULTANT shall provide a photographic record of the overall progress of construction, beginning with preconstruction documentation, following with on-going construction documentation, and ending with post-construction documentation. Photographs shall be digital snapshot type take to define the progress of the project and shall be filed electronically by month in the City's E-Builder document management system, labeled by date, time and location. The CONSULTANT will upload all photos to the E-Builder document management system on a weekly basis. 3.3.4 Site Visits, Bi-Weekly Meetings and Daily Reports le Bi-Weekly Construction Progress Meetings: The CONSULTANT shall attend, participate, and take a lead role in bi-weekly construction project meetings with the City and Contractor of the Project. These meetings will serve as forums to review the status of construction progress, discuss construction issues, discuss -3- 248600 schedule and/or cost concerns, discuss potential changes or conflicts, review the status of shop drawing submittals and Construction Document clarifications and interpretations, and to resolve problems before they become critical. Consultant shall prepare bi-weekly meeting minutes and distribute to all meeting attendees, review the two week look ahead provided by the Contractor and provide comments or objections to written statements within the specified timeframe. The CONSULTANT will prepare detailed bi-weekly reports that describe the construction activities, progress, incidents and issues that have occurred on the construction site and distribute to the attendees in advance of the bi-weekly construction progress meetings. • Site Visits: The CONSULTANT shall conduct field investigations throughout the construction phase of the project. These CONSULTANT services are limited to not more than six (6) months (183 calendar days) in duration (including 30 days after substantial completion date) in as needed basis. The CONSULTANT shall be present at the construction site daily during the construction phase of the project and will be expected to be available, as needed, throughout the CONTRACTOR's 8-hour work day, 40-hour work week, excluding weekends and City holidays. Any work outside the specified work week will be invoiced to the City on a time/materials basis per the rates in Schedule C. The CONSULTANT's on-site typical workday shall begin at or about 8:00 AM and end at or about 5:00 PM for an average of 25 hours per week as construction progress requires. Scope does not account for working on City holidays, weekends, not more than a total of 650 hours. -4- 248600 The CONSULTANT shall provide services during construction activities to record and document the installation of the Work in conformance with the contract requirements. • Specialty Design Consultant Site Visits: The CONSULTANT will monitor the number of specialty site visits requested by the Contractor or City and conducted by the Design team. When it becomes evident that a specialty site visit from the Design team will be required, The CONSULTANT will coordinate with the specific disciplines required to schedule a mutually acceptable time for meeting at the construction site. • Daily Reports: The CONSULTANT will prepare daily reports, on the same date as construction occurs, to record the daily performance of the Contractor as well as other significant construction related matters. Daily Reports shall be uploaded to the City's E-Builder document management system by The CONSULTANT. The daily reports shall include records of when the Contractor is on the job-site, general field observations, weather conditions, change orders, changed conditions, list of job site visitors, daily drilling and testing activities, testing results, testing observations, and records of the outcome of tests and inspections. At a minimum the daily reports will contain the following information: - Weather and general site conditions - Contractor's work force counts by category and hours worked - Description of work performed including location - Equipment Utilized - Name of visitors to the jobsite and reason for the visit - Tests made and results - Construction difficulties encountered and remedial measures taken -5- 248600 Significant delays encountered and apparent reasons why Description of(potential) disputes between the Contractor and City Description of(potential) disputes between the Contractor and residents Summary of additional directions that may have been given to the Contractor Detailed records of materials, equipment and labor used in connection with extra work, or where there is reason to suspect that a claim or request for Change Order may be submitted by the Contractor Summary of any substantive discussions held with the Contractor and/or City Summary of nonconforming work referenced to corresponding Non- Compliance Notice A log of photographs taken • Adherence to Construction Documents: The CONSULTANT shall review materials and workmanship of the projects and report to the City any deviations from the Construction Documents that may come to The CONSULTANT's attention. Consultant' shall determine the acceptability of the work and materials and make recommendations to the City to reject items not meeting with requirements of the Construction Documents. • Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite, The CONSULTANT will check the materials certifications and samples and verify that an approved shop drawing was submitted for the material in question. If it is determined that a submittal as not been approved, The CONSULTANT shall immediately notify the City and issue a Non-Compliance Notice. The CONSULTANT will direct and supervise the sampling and testing of materials to be performed by the City's independent testing laboratory. The CONSULTANT shall maintain test report logs which shall be submitted to the City for review on a monthly basis and uploaded to the City's E-Builder document -6- 248600 management system on a weekly basis. Consultant shall also review invoices submitted by the independent testing laboratories and recommend payment by the City. • Damage to Existing Facilities: The CONSULTANT will identify any existing facilities damaged by the Contractor and verify that the Contractor has notified the respective owner(s). Include record of such occurrences in the daily reports. • Equipment Tests and Systems Start-Up: The CONSULTANT shall be responsible for coordinating various tests for quality control on the projects; verifying that equipment tests and systems start-up are conducted in the presence of appropriate personnel; and that the Contractor is maintaining adequate records thereof. Consultant shall observe, record, and report appropriate details relative to the test procedures and start-up. • Record Drawings: The CONSULTANT will monitor that record drawing mark- ups are properly maintained by the Contractor. At a minimum, The CONSULTANT will review the record drawing mark-ups every month, or more often, as deemed necessary. Contractor's failure to maintain the record drawings in up-to-date condition may be deemed grounds for withholding Contractor's month) payment requisitions until such time as the record drawings are brought monthly Y q 9 up-to-date. The CONSULTANT will notify the City if it considers the mark-up documents insufficient. The City will make final determination of payment withholding. • Safety: The CONSULTANT will be expected to recognize a hazard that any reasonable non-safety professional might be expected to recognize. In addition, -7- 248600 those safety obligations extend only to recognizable hazards that The CONSULTANT may note while in the normal conduct of onsite business. - If a situation presents itself, the following procedures should be followed: - Immediately direct personnel to remove themselves from the apparent danger; - Notify the Contractor's superintendent of the apparent condition that caused the concern and that the affected personnel were directed to remove themselves accordingly. • Maintenance of Traffic (MOT): The CONTRACTOR shall provide The CONSULTANT and CITY with approved copies of its MOT at the Pre- Construction Meeting for general information purposes. It will be The CONSULTANT's responsibility to verify compliance with the MOT in the field and coordinate with the AHJ for approvals and inspection of MOT. • CONTRACTOR Request for Services: When the CONTRACTOR requires services from the CITY for issues such as water service shutdowns, tie-ins to existing water mains, electrical service interruptions and/or any special regulatory inspections, etc., a request shall be made in writing by the CONTRACTOR, and forwarded by The CONSULTANT to the CITY (Public. Works and Parks and Recreation Department), a minimum of five (5) working days prior to when required. • Issuance of Non-compliance Notices: The CONSULTANT will be responsible for notifying the City when they become aware of a condition that is believed to be in non-compliance with Construction Documents. Anytime The CONSULTANT notices a potential construction problem or a condition that could result in non-complying materials, equipment or workmanship, The -8- 248600 CONSULTANT will need to determine whether the condition poses an immediate threat to public health or safety. If a condition does not pose a threat to public health or safety, immediate verbal notification or "Pre-Noncompliance Notice" of the potential non-compliance should be made to the Contractor and the City. This verbal notice shall be documented in The CONSULTANT's daily report and shall advise the Contractor of potential construction problems, errors, or deficiencies that can be promptly resolved and do not warrant a Non-compliance Notice. If the Contractor fails to respond to the verbal notification within a reasonable timeframe, The CONSULTANT will notify the City and the City's Projects Coordinator will issue a Non-compliance Notice. If a condition poses an immediate threat to public health or safety, The CONSULTANT will notify the Contractor and City immediately and the City's Projects Coordinator will issue a Non-compliance Notice to the Contractor. Non-compliance Notices will include a description of the Work that does not meet the construction contract requirements, along with a required timetable for corrective work to be implemented by the Contractor. Other items that should be included in the Notice include a reference to the provision of the Construction Documents that has been violated. • Quality Control Monitoring: The CONSULTANT will review and monitor the Contractor's adherence to an acceptable quality control program submitted by the Contractor prior to the issuance of the second Notice-to-Proceed by the CITY. This program will describe the Contactor's quality control, organizational procedures, documentation controls and processes for each phase of the work. Quality control during construction will be the responsibility of the Contractor; however, oversight and ensuring the Contractor complies with applicable jurisdictional construction standards will be enforced on the CITY's behalf by The CONSULTANT. -9- 248600 The Consultant shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (includin "or-equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, Suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety practices, precautions, and programs in connection with the activities or operations of City or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize City to occupy the Project in whole or in part. -10- w 248600 Schedule"B" SUM MARY OF COSTS FOR SU PPLEM E N TAL CONSTRUCTION ADMINISTRATION SERVICES AMENDMENT 1 BEACH WALK I I -PH ASE 1 SO U TH PO I N TE D RIVE TO TH I RD STREET CI TY O F M I AM I BEACH, FLORID A DESCRIPTION TYPE LABO R FMS PART 3.3—Supplemental Construction Administration Servicesfor Phase 1 3.3.1 General Coordination and Contract Administration Part of the original contract $0 3.3.2 Resident Information Meetings-3 Total Hourly,Not to Exceed $1,260 3.3.3 Photographic Record Hourly,Not to Exceed $400 3.3.4 Site Visits, Bi-Weekly Meetings and Daily Reports Hourly,Not to Exceed $46,700 Part 3.3 Supplemental Construction Administration Services(6 months)Subtotal: $48,360 te 4" I"I�yt OFD TOT", October 2,2013 D ESCRI PTI O N o V PART3.3—Sup emental Construction Administration Services for Phase I 3.3.1 General Coordination and Contract Administration $ - $ 48,360 3.3.2 Red dent Information Meetings-3 Total 9 $ 1,260 3.3.3 Photographic Record 8 $ 400 3.3.4 Site Visits, Bi-Weekly Meetings and Daily Reports 650 24 $ 46,700 $ 9 650 32 $ 48,360 Hourly Rates 1,260 45,500 1,600 2.61% 94.09% 3.31% 100% Project Manager 140 CB 70 Cl eri cal 50 File,LMS,AP,TKB,CJB,Accounting,C.Book, F:\Project\248600\Contracts-Proposals\Contract Documents\Change Order 7-Resident Project Representative(RPR)\(13-10-02)REV Supplimental CA Additional RPR Scope of Services-A4.docx -11-