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Amendment No. 1 to Coastal Systems International, Inc. ' X013- ;?S377 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 12— day of VkN •, 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 11, Phase II (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 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 WHER a parties hereto have caused this Amendment No. 1 to be executed in their names b u ized officials as of the date first set forth above. ATTEST. '••� CITY OF MIAMI BEAC r,j City dierk ► I :.IN RATED' Mayo/ 2 Y ATTEST : "�, '�� C LTANT: AS L SYSTEM I ERNATIONAL, -� I C. Signature: SVtName Print Name /Title P /Title o UJ w ` J �-' APPROVED AS TO _J — r FORM.&LANGUAGE d o N ci &FOR EXECUTION LE < 4 _ MT Ck Date Page 2 of 3 Coastal Amendment No 1-Beachwalk 11 SCHEDULE "A-1" SCOPE OF SERVICES (See Attached) ,I 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#A-4—August 8, 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 — SUPPLIMENTAL CONSTRUCTION ASMINSTRATION — 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: 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 -1- 248600 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 • 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 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 -3- 248600 • 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 -5- 248600 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 monthly payment requisitions until such time as the record drawings are brought 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, 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- 248600 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. The Consultant shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "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. -9- 248600 Schedule"B" SUMMARY OF COSTS FOR SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES AMENDMENT A-4 BEACHWALK II-PHASE I SOUTH POINTE DRIVE TO THIRD STREET CITY OF MIAMI BEACH,FLORIDA DESCRIPTION TYPE LABOR FEES PART 3.3—Supplemental Construction Administration Services for 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 TOTAL FEES(not to exceed): $48,360 ADDL.REIMBURSABLE EXPENSE BUDGET: $1,000 GRAND TOTAL $49,360 October 2,2013 DESCRIPTION °J fv LU PART 3.3—Sup emental Construction Administration Services for Phase 1 3.3.1 General Coordination and Contract Administration $ - $ 48,360 3.3.2 Resident Information Meetings-3 Total - 9 $ 1,260 3.3.3 Photographic Record 8 $ 400 3.3.4 Site Visits, Bi-Weekly Meetings and Daily Report 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 CE I 70 Clerical 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-