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Amendment No. 2 to PSA Corzo Castella Carballo 7/ AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. DATED SEPTEMBER 12, 2011 FOR ADDITIONAL SERVICES REQUIRED FOR SUPPLEMENTAL CERTIFIED ENGINEERING INSPECTION SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $11,125 This Amendment No. 2 to the Agreement made and entered this 28 day of June, 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 Corzo Castella Carballo Thompson Salman, P.A.having its principal office at 901 Ponce de Leon Boulevard, Suite 900, Coral Gables, Florida, 33134 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, on April 19, 2011, pursuant to Procurement Department's approval to use of the Miami-Dade County School Board continuing contract for Architectural and Engineering (A/E) Services, the City's Professional Services Agreement with Corzo Castella Carballo Thompson Salman, P.A. (CONSULTANT)was executed for the A/E services for the Flamingo Park Football Field and Track Renovation Project(PROJECT) and; WHEREAS, the Agreement provides for the design, bid, award and construction administration services for the Project, in the not-to-exceed amount of$109,209 plus reimbursable amount of$5,460.45; and WHEREAS, Amendment No. 1 to the Agreement, in the not-to-exceed amount of$13,701, was issued to provide additional services required during the bid/award phase services and issuance of ITB 049-2013TC for the Project; and WHEREAS, this Amendment No. 2 to the Agreement, in the not-to-exceed amount of $11,125, is to provide Supplemental Certified Engineering Inspection Services for the Project. NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as part of this Amendment No. 2. 2. MODIFICATIONS The Agreement is amended to include"Schedule A-2", which is attached and incorporated herein. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION. The CITY and CONSULTANT ratify the terms of the Agreement, as amended by this Amendment No. 2. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH Jv rv� 2$j 2�� By City Jerk, Ci an r, Rafael Granado Ji y L. orales ATTEST: CONSULTANT: CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. B TITLE: TITLE: A Print Name Print Name APPROVED AS TO FORM& LANGUAGE &FOR EXECUTION ttorn ate SCHEDULE A-2 SCOPE OF SERVICES (see attached) SCHEDULE A SCOPE OF SERVICES Task 4 — Supplemental Construction Engineering Inspections (CEI) Services for the Flamingo Park Football Field/Track Renovation Project: As supplemental services to the TASK 4 - CONSTRUCTION ADMINISTRATION SERVICES, the CONSULTANT shall perform related on-site representative duties and responsibilities as outlined herein: 7.1 Field Inspections: The CONSULTANT shall conduct LIMITED field inspections (approximately 15 hours per week) throughout the construction phase of the project. These CONSULTANT services are limited to the remaining project duration, approximately 8 weeks. The CONSULTANT shall be present at the construction site daily for approximately 3 hours per day. The CONSULTANT shall provide services during their daily visits to record and document the installation of the Work in conformance with the contract. 7.2 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 • 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 7.3 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 Flamingo Park Football Field/Track Renovation Project page 1 Schedule A-CEI Services 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 management system on a weekly basis. Consultant shall also review invoices submitted by the independent testing laboratories and recommend payment by the City. 7.4 Issuance of Noncompliance 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 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. 7.5 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. 7.6 Safety: The CONSULTANT will be expected to recognize a hazard that any reasonable non-safety professional might be expected to recognize. In addition, 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, 7.7 Quality Control: 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 Flamingo Park Football Field/Track Renovation Project page 2 Schedule A-CEI Services Contractor; however, oversight and ensuring the Contractor complies with applicable jurisdictional construction standards will be enforced on the CITY's behalf by the CONSULTANT. Flamingo Park Football Field/Track Renovation Project page 3 Schedule A-CEI Services SCHEDULE S CONSULTANT COMPENSATION Supplemental Construction Engineering Inspections (CEI) Services* Not to Exceed $11,125.00 Reimbursable Expenses** $0.00 Note*: The Supplemental Construction Engineering Inspections Services shall be invoiced monthly at the hourly rates shown in Schedule"C". Note**: The Reimbursable Expenses must be approved in writing, in advance, by the City's Project Coordinator.Unused portions will not be paid to the Consultant. Flamingo Park Football Field/Track Renovation Project page 4 Schedule A-CEI Services i SCHEDULE C HOURLY BILLING RATE SCHEDULE* Supplemental Construction Engineering Inspections (CEI) Services Classification Hourly Billing Rate Project Principal $155.00 per hour Project Manager $125.00 per hour Senior Engineer $125.00 per hour Sr. CEI Inspector $97.00 per hour CEI Inspector $75.00 per hour Note*: Rates per Agreement between City of Miami Beach and UTS for Construction Engineering & Inspections(CEI)Services. Flamingo Park Football Field/Track Renovation Project page 5 Schedule A-CEI Services