2015-28953 Reso RESOLUTION NO. 2015-28953
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO. 5 TO THE PROFESSIONAL ARCHITECTURAL
AND ENGINEERING (NE) SERVICES AGREEMENT WITH THE JOINT
VENTURE OF ZAHA HADID LIMITED T/A ZAHA HADID ARCHITECTS AND
BERENBLUM BUSCH ARCHITECTURE, INC. DATED MAY 3, 2012, FOR THE
COLLINS PARK PARKING GARAGE PROJECT (COLLINS PARK PLACE),
FOR THE ADDITIONAL PROFESSIONAL SERVICES REQUIRED TO
REDESIGN THE GROUND FLOOR OF THE BUILDING TO BASE FLOOD
ELEVATION (BFE) WITH PROVISIONS TO HAVE ALL CRITICAL SYSTEMS
ELEVATED UP TO 20 FEET OR AS HIGH AS REASONABLY POSSIBLE, AND
BUILDING SLABS DESIGNED TO ACCOMMODATE A FUTURE INCREASE IN
GROUND FLOOR ELEVATION, IN KEEPING WITH THE CITY OF MIAMI
BEACH FLOOD MITIGATION EFFORTS AS IT RELATES TO SEA LEVEL
RISE, IN THE LUMP SUM AMOUNT OF $250,870; AND FOR THE PROVISION
OF A CONTAMINATION ASSESSMENT PLAN (CAP), SITE ASSESSMENT
(SA) AND SITE ASSESSMENT REPORT (SAR) FOR THE PROJECT SITE IN
ACCORDANCE WITH ENVIRONMENTAL REQUIREMENTS BY MIAMI-DADE
COUNTY REGULATORY AND ECONOMIC RESOURCES (RER) AND THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) TO
ADDRESS THE SITE CONTAMINATION IDENTIFIED IN THE PHASE II
ENVIRONMENTAL SITE ASSESSMENT REPORT, IN THE NEGOTIATED
LUMP SUM AMOUNT OF $43,479; FOR A TOTAL COST OF $294,349 WITH
PREVIOUSLY APPROPRIATED FUNDING.
WHEREAS, on March 21, 2012, the City Commission adopted Resolution No. 2012-
27869, approving a Professional Services Agreement between the City and a joint venture of
Zaha Hadid Limited t/a Zaha Hadid Architects and Berenblum Busch Architecture, Inc. (the
Consultant), in the amount of $2,951,823, for the Planning, Architectural, Engineering, Design,
Bid And Award, And Construction Administration Services, for the Collins Park Garage Project
(Collins Park Place); and
WHEREAS, the Basis of Design Report (BODR) was adopted by the City Commission
on January 16, 2013; and
WHEREAS, on September 30, 2013, Amendment No. 1 was executed in the amount of
$8,935, for the provision of additional surveying services, and extended representation during
the July City Commission Meeting; and
WHEREAS, on December 9, 2013, Amendment No. 2 was executed in the amount of
$12,114, for the provision of a Phase II Environmental Site Assessment, for the investigation of
recognized environmental conditions (RECs) identified on the Phase I Environmental Site
Assessment report; and
WHEREAS, on May 28, 2014, Amendment No. 3 was executed in the amount of
$24,969, for the provision of design studies and a rough order of magnitude cost estimate
related to raising the proposed ground floor elevation to two and three feet above Base Flood;
and
WHEREAS, on June 20, 2014, Amendment No. 4 was executed per Resolution 2014-
28615 adopted on June 11, 2014, in the amount of $249,448, for construction documents
revisions associated with raising the proposed finish floor elevation to Base Flood Elevation plus
three (3) feet; for the design, permitting and construction administration services of certain right-
of-way improvements required by Miami-Dade County Public Works Traffic Division; and for the
design, permitting and construction administration for the replacement of the sanitary sewer line
along Liberty Avenue, requested by the City's Public Works Department; and
WHEREAS, the following Amendment No. 5 to the Agreement, is for construction
documents revisions required to redesign the ground floor of the building to Base Flood
Elevation with provisions to have all critical systems elevated up to 20 feet or as high as
reasonably possible, and building slabs designed to accommodate a future increase in ground
floor elevation, in keeping with the City of Miami Beach flood mitigation efforts as it relates to
sea level rise, in the negotiated not-to-exceed amount of $250,870; and for the provision of a
contamination assessment plan, site assessments and site assessment report in accordance
with environmental requirements by Miami-Dade County and the Florida Department of
Environmental Protection to address the site contamination identified on the Phase II Site
Assessment Report, in the negotiated fixed amount of $43,479; for a grand total cost of
$294,349 with previously appropriated funding; and
WHEREAS, the new total amount of the agreement is $3,541,638.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission of The City of Miami Beach, Florida, authorize the Mayor and City Clerk to Execute
Amendment No. 5 to the Professional Architectural and Engineering (NE) Services Agreement
with the Joint Venture of Zaha Hadid Limited T/A Zaha Hadid Architects and Berenblum Busch
Architecture, Inc., dated May 3, 2012 for the Collins Park Garage Project (Collins Park Place),
for the additional services required to redesign the ground floor of the building to Base Flood
Elevation with provisions to have all critical systems elevated up to 20 feet or as high as
reasonably possible, and building slabs designed to accommodate a future increase in ground
floor elevation, in keeping with the City of Miami Beach flood mitigation efforts as it relates to
sea level rise, in the negotiated not-to-exceed amount of $250,870; and for the provision of a
contamination assessment plan, site assessments and site assessment report in accordance
with environmental requirements by Miami-Dade County Regulatory and Economic Resources
and the Florida Department Of Environmental Protection to address the site contamination
identified on the Phase II Site Assessment Report, in the negotiated Lump Sum amount of
$43,479; for a grand total cost of$294,349 with previously appropriated funding.
PASSED AND ADOPTED this 11th day of March, 2015.
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Attachment A
AMENDMENT NO. 5
TO THE PROFESSIONAL ARCHITECTURAL
AND ENGINEERING (NE) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
A JOINT VENTURE OF ZAHA HADID LIMITED T/A ZAHA HADID ARCHITECTS AND
BERENBLUM BUSCH ARCHITECTURE, INC.
DATED MAY 3RD, 2012,
FOR THE PROVISION OF ADDITIONAL PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES FOR THE COLLINS PARK GARAGE PROJECT IN THE
AMOUNT OF $294,349
This Amendment No. 5 to the Agreement made and entered this day of
2015, 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 a Joint Venture of
Zaha Hadid Limited t/a Zaha Hadid Architects,a company certified by the Registrar of Companies
for England and Wales, having its principal office at 10 Bowling Green Lane, London, EC1 R OBQ,
United Kingdom (hereinafter referred to as the "Prime Architect"); and Berenblum Busch
Architecture, Inc., a Florida corporation, having its principal office at 2200 NW 2nd Avenue, Suite
203, Miami, Florida, 33127 (hereinafter referred to as the "Executive Architect").
RECITALS
WHEREAS, pursuant to Request for Qualifications(RFQ)No.31-10/11,the Mayor and City
Commission adopted Resolution No. 2012-27869 on March 21, 2012, approving a Professional
Services Agreement(the Agreement)between the City and a joint venture of Zaha Hadid Limited
t/a Zaha Hadid Architects and Berenblum Busch Architecture, Inc.for the Planning,Architectural,
Engineering, Design, Bid and Award, And Construction Administration Services for the Collins
Park Garage Project; and
WHEREAS,the Agreement was executed for a not-to-exceed amount of$2,951,823;and
WHEREAS,Amendment No.1 to the Agreement, for the provision of additional surveying
services and extended representation during July City Commission meetings, was executed on
September 30, 2013, in the amount of$8,935; and
WHEREAS, Amendment No. 2 to the Agreement, for the provision of a Phase II
Environmental Site Assessment, for the investigation of recognized environmental conditions
(RECs) identified on the Phase I Environmental Site Assessment report, was executed on
December 9, 2013, in the amount of$12,114; and
WHEREAS, Amendment No. 3 to the Agreement,for the provision of design studies and a
rough order of magnitude cost estimate related to raising the proposed ground floor elevation
between two(2)and four(4)feet(Base Flood Elevation plus 2 or 3 feet),was executed on May 28,
2014, in the amount of$24,969; and
Page 1 of 4
Collins Park Garage-Amendment No.5
WHEREAS,on June 11,2014, pursuant to Resolution No.2014-28615,the Mayor and City
Commission approved Amendment No. 4 to the Agreement, in the amount of $249,448, for
construction documents revisions associated with raising the proposed finish floor elevation to
Base Flood plus three(3) feet;for the design, permitting and construction administration services
of certain right-of-way improvements required by Miami-Dade County Public Works Traffic
Division; and for the design, permitting and construction administration for the replacement of a
sanitary sewer line(and associated structures if required)along Liberty Avenue, requested by the
City's Public Works Department; and
WHEREAS, the following Amendment No. 5 to the Agreement is for the additional
professional services required to redesign the ground floor of the building to Base Flood Elevation
with provisions to have all critical systems elevated up to 20 feet or as high as reasonably
possible, and building slabs designed to accommodate a future increase in ground floor elevation,
in keeping with the City of Miami Beach flood mitigation efforts as it relates to sea level rise, in the
Lump Sum amount of$250,870; and for the provision of a contamination assessment plan(CAP),
site assessment (SA) and site assessment report (SAR) for the project site in accordance with
environmental requirements by Miami-Dade County Regulatory and Economic Resources(RER)
and the Florida Department of Environmental Protection(FDEP)to address the site contamination
identified on the Phase I I Site Assessment Report, in the negotiated fixed amount of$43,479;for a
total cost of$294,349 with previously appropriated funding; and
WHEREAS, the new total amount of the Agreement is $3,541,638; 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. 5.
2. MODIFICATIONS
The Agreement is amended as defined in Schedule "A-5", attached 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. 5.
Page 2 of 4
Collins Park Garage-Amendment No. 5
IN WITNESS WHEREOF,the parties hereto have caused this Amendment No. 5 to be executed
in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY OF MIAMI BEACH
Rafael Granado Phillip Levine
City Clerk Mayor
ATTEST: PRIME ARCHITECT (P.A.)/ZAHA HADID
LIMITED T/A ZAHA HADID ARCHITECTS
Signature/ Secretary: Signature /President
Print Name Print Name
ATTEST: EXECUTIVE ARCHITECT (E.A.)/
BERENBLUM BUSCH ARCHITECTURE,
INC.
Signature / Secretary: Signature / President
Print Name Print Name
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
,C-
3 Li c5
City Attorney Date
Page 3 of 4
Collins Park Garage-Amendment No. 5
SCHEDULE "A-5"
SCOPE OF SERVICES
Schedule "A" entitled, "Scope of Services", is amended as follows:
Add the following under Task 6—ADDITIONAL SERVICES
Task 6.6.1 — Re-Design and Revise Construction Documents to Place the Ground Floor
Elevation at Base Flood Elevation +0 Feet and Provide Design to Allow for Future Rise of
Ground Floor Elevation, as Required:
Re-design and revise the construction documents to place the ground floor elevation at Base Flood
Elevation with provisions to have all critical systems elevated up to 20 feet or as high as reasonably
possible and building slabs designed to accommodate a future increase in ground floor elevation, in
keeping with the City of Miami Beach flood mitigation efforts as it relates to future sea level rise.
Task 6.6.2 — Contamination Assessment Plan (CAP), Site Assessment (SA) and Site
Assessment Report(SAR) as Part of Site Cleaning Remediation Efforts:
Preparation of a Contamination Assessment Report (CAP) to be presented to DERM and DER.
Following approval of CAP, Smart-Science, a Sub-Consultant to Berenblum Busch Architecture,will
implement CAP tasks by installing monitoring wells and drilling borings to obtain samples for further
laboratory analysis (SA) and complete a Site Assessment Report (SAR) summarizing the
implemented tasks, which will be presented to DERM and DER for consideration. Following this
review DERM and DER may close the case or require additional remediation tasks, including removal
and disposal plan for the contaminated soil and water.
PAYMENT AND COMPENSATION
The total fee proposed for this Scope of Work is $294,349 (refer to Exhibit A-5 attached herein).
COMPENSATION
Zaha Hadid Berenblum Busch Total
Limited Architecture
Original Agreement Amount $1,276,000 $1,675,823 $2,951,823
Amendment No. 1 N/A $ 8,935 $ 8,935
Amendment No. 2 N/A $ 12,114 $ 12,114
Amendment No. 3 $ 17,509 $ 7,460 $ 24,969
Amendment No. 4 $ 109,981 $ 139,467 $ 249,448
Amendment No. 5 $ 144,714.25 $ 149,634.75 $ 294,349
Revised Agreement Amount $1,548,204.25 $ 1,993,433.75 $ 3,541,638
Page 4 of 4
Collins Park Garage—Amendment No.5
P
Exhibit A-5
BBA BERENBLUM BUSCH ARCHITECTURE,INC
February 13,2015 [Revised March 02, 2015]
Ms. Sabrina Baglieri
City of Miami Beach
1700 Convention Center Drive
Miami Beach Fl. 33139
Re: Amendment No.5
Adjustments to the project as follows:
1-Design revisions per city's request to lower the ground finished floor elevations
from [3] feet above the current Base Flood Elevation [BFE] to [0] feet above
Base Flood Elevation, +6.45 NAVD.
2- Preparation of a Contamination Assessment Plan (CAP), Site Assessment(SA)
and Site Assessment Report(SAR)
Dear Ms. Baglieri:
Berenblum Busch Architecture, Inc. (BBA) is pleased to present the enclosed proposal for
additional services related to design revisions requested by the City of Miami Beach.
The revisions include the request to lower the ground finished floor elevations to BFE +0 feet per
city's directive on email dated January 29th, 2015. The scope of work includes adapting the
geometry to meet existing sidewalk, adapt, redesign and detail the ground floor storefront
including an addition to a knee wall at BFE+1 feet, adapt and implement changes to back-of-
house area, all garage stairs, site stairs, elevator cores, site ramps, site grading and landscape
design. The structure will have to be redesigned to account for the revisions, including the
ground floor slab, columns, shear walls and foundations. The revisions impact several
disciplines including architecture, civil engineering, landscape architecture and structural
engineering. This amendment will bring the design package up to the full 60% Design
Development Documents. Time extension to the contract: approximately 8 weeks upon
receiving approval.
The following additional fees are being requested:
ZAHA HADID ARCHITECTS: $144,714.25
BBA: $40,847.75
LANGAN ENGINEERING: $20,508.00
KIM LEY-HORN AND ASSOCIATES $ 4,800.00
ROSS& BARUZZINI $ 8,000.00
DE SIMONE: $32,000.00
TOTAL(LUMP SUM) $250,870.00
A proposal for professional environmental services associated with the preparation of a
Contamination Assessment Plan (CAP), Site Assessment(SA)and Site Assessment Report(SAR)
for the Collins Park Place project in accordance with environmental requirements by the
Miami-Dade County and the Florida Department of Environmental Protection.
SMART-SCIENCES
ENVIRONMENTAL CONSULTING: $43,479.00
AMENDMENT NO.5 GRAND TOTAL $294,349.00
1
1
We thank you for the opportunity to present this additional service request. Please let us know if
you need any additional information.
Submitted by,
Berenblum Busch Architecture, Inc.
1; 1114—..
Gu to o Berenblim, AIA.
Pr si ent
Attachments:
1. Zaha Hadid Architects and Berenblum Busch Architecture Inc., fee schedule for
professional services and billing breakdown.
2. Langan Engineering contract change order for additional services proposal.
3. Kimley-Horn and Associates sub-consultant additional services proposal.
4. Ross & Baruzzini proposal for additional HVAC, Plumbing, Electrical and Fire-Protection
professional engineering design services for owner requested revisions to the site
grading, sidewalks and ground floor elevation for the Collins Park parking structure in
Miami Beach, Florida.
5. DeSimone ground floor revisions to BFE+O'Additional Services Proposal 2.
6. Smart-Sciences Environmental Consulting Proposal for Contamination Assessment Plan
and Site Assessment at proposed Collins Park Garage property located at 340 23rd
Street, Miami Beach, Florida.
C: Humberto Cabanas, Fernando Paiva, CMB; Chris Lepine, Eva Tiedemann, ZHA; project
file.
2
Zaha Hadid Architects Attachment 1
1737 COLLINS PARK PLACE MIAMI BEACH
AMENDMENT NO.5
FEE SCHEDULE FOR PROFESSIONAL SERVICES AND BILLING BREAKDOWN
Monday,March 02,2015
Ground Floor Slab Elevation Change to"BFE+0"(=6.45'NAVD]throughout;adapt TIME LINE Task 1 Task 2 Task 3 Task 4 Task 5
geometry to meet existing sidewalk;adapt,redesign&detail storefront[adding now Week 1
required knee wall]and adapt&implement changes to Week 2
back-of-house area. Week 3
Week 4 Submit Concept to CMB for Approval
Task 1 Design Concept(ZHA] Week 5
Task 2 3D Modelling[ZHA] Week 6
Task 3 Coordination[ALL] Week 7
Task 4 Code Analysis[BBA] Week 8 Final Submittal to CMB
Task 5 Implementation up to 60%Design Development Documents[ALL]
BERENBLUM BUSCH ARCHITECTURE
Professional Personnel Rates• Task 1 Task 2 Task 3 Task 4 Task 5
Hrs Billable Hrs Billable Firs Billable Hrs Billable Firs Billable
Principal $159.65 0 $0.00 0 $0.00 0' $0.00 2 $319.30 20 $3,193.00
Sr.Architect $122.40 0 $0.00 0 $0.00 20 $2,448.00 10 $1,224.00 34 $4,161.60
Architect $107.50 0 $0.00 0 $0.00 69 $7,417.50 17 $1,827.50 102 $10,965.00
CAD $58.54 0 $0.00 0 $0.00 0 $0.00 0 $0.00 153 $8,956.62
Clerical $37.25 0 $0.00 0 $0.00 $0.00 0 $0.00 9 $335.23
Sub-total $0.00 $0.00 $9,865.50 $3,370.80 $27,611.45
TOTAL(Lump Sum) $40,847.751
ZAHA HADID ARCHITECTS
Professional Personnel Rates' Task 1 Task 2 Task 3 Task 4 Task 5
Hrs Billable Hrs Billable Hrs Billable Hrs Billable Hrs Billable
Principal $159.65 25 $3,991.25 0 $0.00 0 $0.00 0 $0.00 0 $0.00
Sr.Architect $122.40 90 $11,016.00 0 $0.00 60 $7,344.00 0 $0.00 40 $4,896.00
Sr.Designer $122.40 110 $13,464.00 105 $12,852.00 60 $7,344.00 0 $0.00 50 $6,120.00
Sr.Designer $122.40 110 $13,464.00 110 $13,464.00 60 $7,344.00 0 $0.00 50 $6,120.00
Architect $107.50 110 $11,825.00 110 $11,825.00 60 $6,450.00 0 $0.00 60 $6,450.00
Clerical $37.25 4 $149.00 0 $0.00 10 $372.50 0 $0.00 6 $223.50
Sub-total $53,909.25 $38,141.00 $28,854.50 $0.00 $23,809.50
TOTAL(Lump Sum) $144,714.251
•Reflects hourly rate adjustments as per the Agreement,at a CPI average yearly increase of 2.1%
Studio London
Ms. Sabrina Baglieri
10 Bowling Green Lane
London EC1R 080 City Of Miami Beach
T+44 20 7253 5147 1700 Convention Center Drive
F+44 20 7251 8322 Miami Beach;FL 33139
mail @zaha-hadid.com USA
www.zaha-hadid.com
London, 26 February 2015
RE: 1737 Collins Park Place- Fee Proposal Amendment No.5
Dear Ms. Baglieri,
We can confirm that our fee proposed for Amendment No.5 is based on a thorough
review of all items to be amended, adapted and revised following the City's directive to
settle the ground floor elevation throughout the CPP project to BFE+0 - and subsequent
conversations with the CMB and consultants.
The work load is anticipated to be more comprehensive and extensive than Amendment 3
and 4 combined. While the latter 2 amendments entailed studies done during the 60%
DDD Phase, this amendment will bring the design package up to the full 60% Design
Development Documents.
N It entails additional challenging design work, adapting to existing sidewalk conditions [as
OJ per latest County directive] without losing an extensive amount of area, avoiding ramps
within valuable retail space.
OJ In addition, the design of the Feature Stair will need to be reviewed as the Public Plaza
design may need to be adapted to revised landscape elevations.
Finally, Amendment 5 now entails the redesign and detailing of the entire Ground Floor
OJ Storefront due to a new directive from Public Works that does not allow the use of flood
panels other than at doors and requires knee walls at BFE+1.
This is reflected in our proposed fee schedule.
List of tasks anticipated:
• Review and Analyse impact
• Prepare sketches
• In house 3D studies
• Sessions with Consultant team for preliminary design
�m • Integrate BBA input into Design sketch
• Adjust geometry and test
• Implications at retail side
• Implications at Urban plaza
m7 • Design sketches to resolve elevation changes across site
• Test and Coordinate alternatives[if required]
• Research and test design suitability of new products required as result of the change
• Distribute results to consultant team
• Coordinate information with BBA to present to CMB
• Prepare documentation
• Adopt relevant feedback where possible
• Refine design
• Coordinate results with consultant team
• Update 3D model
Ll 4- • Rework Plans, Sections£t Elevations
• Coordinate drawing set changes with BBA
E • Coordinate drawing set changes with Consultant team
I a • Update CD drawing set documentation
PE.
A4,9. We trust this clarifies.
Please do not hesitate to call should you have any further questions.
D
aZ s Kind Regards,
•
o.d z 8
Nm ',
Eva }iedemann
Associate
LANGAN ENGINEERING & ENVIRONMENTAL SERVICES Attachment 2
15150 NW 79th Court
Suite 200, Miami Lakes, FL 33016
(215) 864-0640 FAX(215) 864-0671
CONTRACT CHANGE ORDER FOR ADDITIONAL SERVICES
DATE: 11 February 2015 REVISED:
CHANGE ORDER NO:
CONTRACT:
PROJECT NO.: 300089801
PROJECT TITLE: Collins Park Garage
ORDER BY: Gustavo Berenblum
COMPANY: Berenblum Busch Architecture (CLIENT)
STATEMENT OF WORK:
This change order has been prepared to identify additional scope and fees associated with regrading the
proposed site of the Collins Park Garage. Currently the proposed grading reflects finished floor elevations
that are 3 feet above the FEMA base flood elevation. We have been asked by Berenblum Busch
Architecture that the City of Miami Beach would like the finished floor elevation at a lower elevation that is
compatible with the existing perimeter site elevations. This proposal has been prepared to address the
revision of the site grading and drainage plan for the project.
COST:
This additional work will be invoiced on a lump sum basis based upon the fee estimate.
CHANGE ORDER TOTAL: $20,508 (See attached man-hour allocation table)
LANGAN will proceed with the above described scope of services upon receipt of this form signed by you
which authorizes Langan to begin work.. If notified to stop work on these services, the client agrees to pay
Langan for all work completed up to the stop-work notification. All terms of the original agreement remain
in effect.
Agreement Authorized By : Gustavo Berenblum, AIA for Langan: Leonardo Rodriguez, P.E.
cc:
\\langan.com\data\MI\data8\300089801\Marketing Data\Proposals\2015-02-1 I Grading Add Services\2015-02-25 Revised Site Grading ADD Services\2015-02-1 I
Site Regrading Add Services.docx
PROJECT NAME: COLLINS PARK GARAGE REGRADING(ADD.SERVICES)
CLIENT: Berenblum Busch Architecture 25 February 2015(Revised)
LOCATION: City of Miami Beach,Miami-Dade County,FL
PRIN PM PES Cad Insp CLER
TASK $150.00 $120.00 $101.00 $83.00 $83.00 $35.00 AMOUNT
Meetings with Design Team to
coordinate revised grading. 12 12 $2,652.00
Prepare conceptual grading plan. 6 16 24 $4,328.00
Prepare 50%of the 60%design
development grading plan. 6 24 40 $6,464.00
Prepare 100%of the 60%design
development grading plan. 4 6 24 40 $7,064.00
$0.00
Total 4 30 76 104 0 0 $20,508.00
Attachment 3
AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN THE CLIENT AND KIMLEY-
HORN AND ASSOCIATES, INC.
AMENDMENT NUMBER 1 DATED February 12, 2015 to the agreement between
Berenblum Busch Architecture, Inc. ("BBA") ("Prime") and Kimley-Horn and Associates, Inc.,
("Sub-Consultant") dated May 20th, 2012 ("the Agreement") concerning City of Miami Beach
Collins Park Parking Garage Documents(the"Project").
The Sub-Consultant has entered into the Agreement with Prime for the furnishing of
professional services, and the parties now desire to amend the Agreement.
Therefore, it is mutually agreed that the Agreement is amended to include Additional
Services to be performed by Sub-Consultant and provisions for additional compensation by the
Prime to the Sub-Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and
conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated
by reference.
PRIME: SUB-CONSULTANT:
BERENBLUM BUSCH KIMLEY-HORN AND ASSOCIATES, INC.
ARCHITECTURE, INC.
By: By:
Title: Title:Vice President
Date: Date: February 12, 2015
•
Rev.11-08
Exhibit A to Amendment Number 1,
Dated February 12, 2015
Sub-Consultant will perform the following Additional Services:
Ground Floor Elevation Revisions
Ground Floor Elevation Revisions: This task consists of revisions to the landscape and irrigation plans and
details based on the City of Miami Beach requiring the finish floor elevation be revised to BFE+ 6.45
NAVD.
For the Additional Services set forth above, Prime shall pay Sub-Consultant the following
additional compensation:
FEE AND BILLING
Kimley-Horn will perform the services described in this Scope of Services for the lump sum fees outlined
below. Individual task amounts are informational only. In addition to the lump sum labor fee, direct
reimbursable expenses such as express delivery services, large format reproductions (larger than 11" x
17"), air travel, and other direct expenses will be billed at cost. Expenses for the project such as in-house
duplicating, facsimile, local mileage, telephone, postage, in-house blueprinting, and word-processing are
included in the lump sum fees.Technical use of computers for design,analysis,GIS,and graphics,etc.,will
be included in the labor fees.
Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services
completed or actual services performed and expenses incurred as of the invoice date. Payment will be
due within 25 days of your receipt of the invoice.
LUMP SUM LABOR TASK
Description Lump Sum
Ground Floor Elevation Revisions $4,800
TOTAL LUMP SUM LABOR FEE $4,800
ADDITIONAL SERVICES
The following tasks are not part of the scope of services, but may be performed as additional services, if
requested by the Prime. These services may include,but are not limited to:
• Revisions to the plans due to substantial changes in project scope,budget,and/or concept.
• Services required by additional governmental regulations which might be put into effect after the
date of this agreement
• Water feature design plans,details and documents
• Architectural Design
• Electrical Engineering plans,details and documents
• Stormwater Pollution Prevention Plan(SWPPP)
• Paving,Grading and Drainage Plans and Details
• Erosion Control Plans, Notes and Details
• Signing and Pavement Marking Plans and Details
• Hardscape Plans
Rev.11-08
Kimley >>Horn
March 2,2015
RE: City of Miami Beach-Collins Park Parking Garage
Additional services requested for the following tasks:
• Coordination with the Project Architect regarding the building footprint, access
points and architectural elevations to complete the revisions to the landscape
and irrigation plans and details based on the City of Miami Beach requiring the
finish floor elevation be revised to BFE+ 6.45 NAVD.
• Bringing the design up to the full_60% Design Development Documents(60%
Construction Documents)
Please contact me at(305)673-2025 or george:puig u@,kimley-horn.corn should you have any
questions.
Sincerely,
George Puig, PLA
Associate
•
•
kimley-horn.com 1221 Brickell Avenue, Suite 400, Miami, FL 33131 305 673 2025
Attach pent 4
Ross I3aruzzini
February 25,2015
Mario Menendez/Project Architect
Berenblum Busch Architecture
2200 NW 2nd Avenue,Suite 203
Miami, FL 33127
Re: PROPOSAL FOR ADDITIONAL HVAC, PLUMBING, ELECTRICAL AND FIRE-PROTECTION
PROFESSIONAL ENGINEERING DESIGN SERVICES FOR OWNER REQUESTED REVISIONS TO THE
SITE GRADING, SIDEWALKS AND GROUND FLOOR ELEVATION FOR THE COLLINS PARK
PARKING STRUCTURE IN MIAMI BEACH, FLORIDA.
Dear Mario:
We are pleased to submit our Additional Services Proposal for the professional engineering services for
the above-referenced project.
PROJECT UNDERSTANDING
We understand the project to include modifying the existing MEP-FP design intent documents to
accommodate the Owner requested revisions for changes to the site grading,sidewalks and ground
floor elevation for the future tenant retail spaces.This add-services proposal is based on assumptions
and information conveyed to us during our weekly scheduled project coordination teleconferences,
therefore we reserve to right to modify this proposal,as required,once we receive the actual revised
Architectural floor plans and we can fully evaluate the impact on the existing design intent documents.
SUMMARY OF SERVICES
A. SCOPE OF WORK
Scope includes design of required modifications to the existing MEP design-intent documents.
B. DELIVERABLES
1. Revisions to existing 60% DD design documents addressing the required modifications. One
(1)set of pdf format files for the 60% DD re-submittal.
C.SCHEDULE
We will work closely with the construction schedule established by the Architect. Our design should be
completed within three (3) weeks of notice to proceed and having the required, complete information
from the other project Consultants.
D. EXCLUSIONS
The following items are not included in R&B's cope of work:
7205 NW 19th Street,Suite 501 I Miami,FL 33126 I t 305.477.8338 I f: 305.477.3378
www.rossbar.com
Ross&Baruzzini
1. Construction cost estimating is by others.
E. FEES:
Ross & Baruzzini proposes to provide the aforementioned additional services to be invoiced on an
hourly basis with a "not-to-exceed"fee of:
$ 8,000 (Eight Thousand Dollars)
If this proposal is acceptable, we understand that you will issue an amendment to our Sub-Contract
Agreement for our services. We appreciate the opportunity to continue to provide these services and
look forward to our continued cooperation toward the successful completion of the project.
Respectfully,
Ross&Baruzzini,Inc.
Raul S. Mastrapa, PE, CIPE, LEED AP
Director of Operations, Miami Office
•
Cc: James M. Mindur
Raul-Arnaldo Mastrapa
Ross&I3aruzzini
March 2,2015
Mario Menendez/Project Architect
Berenblum Busch Architecture
2200 NW 2nd Avenue,Suite 203
Miami, FL 33127
Re: LETTER OF EXPLANATION FOR ADDITIONAL SERVICES FOR ADDENDA # 5: HVAC, PLUMBING,
ELECTRICAL AND FIRE-PROTECTION PROFESSIONAL ENGINEERING DESIGN SERVICES FOR
OWNER REQUESTED REVISIONS TO THE SITE GRADING, SIDEWALKS AND GROUND FLOOR
ELEVATION FOR THE COLLINS PARK PARKING STRUCTURE IN MIAMI BEACH,FLORIDA.
Dear Mario:
We did not submit an add-services request for the previous Amendment#4 for setting the ground floor
elevation at BFE+3.This had no impact on our design documents as the Mechanical and Electrical
equipment could be mounted on the ground floor slab.We are now submitting an add-services proposal
for Addenda#5 for modifying the existing MEP-FP design intent documents to accommodate the Owner
requested revisions to lower the ground floor slab elevation to BFE+0. Code requires that any electrical
driven equipment be mounted at one foot above flood elevation.Scope includes design of required
modifications to the existing MEP design-intent documents,coordination with Architect and Civil
Consultant for revising underground utilities services and ground floor Mechanical and Electrical
equipment rooms per Architectural and Civil floor plans and issuing final revised 60%Construction
Documents set.
Our add-services proposal for Addenda#5 is based on assumptions and information conveyed to us
during our weekly scheduled project coordination teleconferences,therefore we reserve to right to
modify this proposal, as required, once we receive the actual revised Architectural floor plans and we
can fully evaluate the impact on the existing design intent documents.
Respectfully,
Ross&Baruzzini,Inc.
Raul S. Mastrapa, PE,CIPE, LEED AP
Director of Operations, Miami Office
Cc: James M. Mindur
Raul-Arnaldo Mastrapa
7205 NW 19th Street,Suite 501 1 Miami,FL 33126 I t 305.477.8338 I f: 305.477.3378
www.rossbar.com
Attachment 5
DESIMONE
NEW YORK
MIAMI
SAN FRANCISCO
Date: February 24, 2015 NEW HAVEN
LAS VEGAS
To: Gustavo Berenblum HONG ABU DH DHABI
ABI
BERENBLUM BUSCH ARCHITECTURE BOSTON
2200 NW 2nd Avenue, Suite 203 COLOMBIA
Miami, Florida 33127
Project Name: Collins Park Place - Parking Garage
DESIMONE Project No.: 5684
Re: Ground Floor Revisions to BFE+O'
Additional Services Proposal 2-REVISED
Dear Mr. Berenblum,
We have received a request from Berenblum Busch Architecture to redesign our structure
to account for the revisions associated with lowering the ground floor slab from elevation
N.A.V.D. 9.45' to N.A.V.D. 6.45'. The top of slab elevation will therefore be at the base
flood elevation requiring the slab to be redesigned to resist hydrostatic flood forces.
The required revisions to our drawings are outlined below:
2X.1 - Coordinate ground floor changes in elevation and revise stair, ramp, and slab
drop details. Provide soil retaining walls where required.
2X.2- Redesign ground floor slab as a structural slab to resist flood loads and provide
grade beams to span between pile caps to support the slab.
2X.3- Lower foundations to clear new ground floor structure.
2X.4- Redesign columns for taller floor to floor height between Ground Floor and
Level 2.
2X.5- Redesign shear walls to resist wind forces from taller building.
2X.6- Redesign feature stair for taller floor to floor height.
2X.7- Provide foundations for flood barriers beyond the building perimeter, or provide
continuous knee walls and foundations around the building to resist flood loads
at the ground floor.
Fee:
PROFESSIONAL PERSONNEL RATES TASK 2X.1 TASK 2X.2 TASK 2X.3 TASK 2X.4 TASK 2X.5 TASK 2X.6 TASK 2X.7
HOURS BILLABLE HOURS BILLABLE HOURS BILLABLE HOURS BILLABLE HOURS BILLABLE HOURS BILLABLE HOURS BILLABLE
Principals $150.00 $0.00 6.5 $975.00 1.5 $225.00 2.5 $375.00 2.5 $375.00 $0.00 1.5 $225.00
Project Managers $120.00 6.5 $780.00 16 $1,920.00 6.5 $780.00 5 $600.00 7.5 $900.00 6.5 $780.00 5 $600.00
Project Engineers $101.00 13 $1,313.00 38 $3,838.00 11.5 $1,161.50 10 $1,010.00 38.5 $3,888.50 13 $1,313.00 10 $1,010.00
Engineering Computer Time No Charge
Senior CAD Drafters $60.00 5.5 $330.00 6.5 $390.00 5 $300.00 4 $240.00 6.5 $390.00 5 $300.00 2 $120.00
CAD Drafters $55.00 21 $1,155.00 41.5 $2,282.50 14.5 $797.50 10 $550.00 30 $1,650.00 18 $990.00 8 $440.00
CAD/BIM Computer Time No Charge
Clerical No Charge
Total Fee in USD $3,578 $9,406 $3,264 $2,775 $7,204 $3,383 $2,395
$32,004
DESIMONE CONSULTING ENGINEERS 800 BRICKELL AVENUE 6TH FLOOR MIAMI,FLORIDA 33131 P.305.441.0755 F.786.383.2329
DESIMONE
Page 2 of 2
The fee for the above-described structural engineering services shall be$32,000 as outlined
in the fee schedule above.
Terms and conditions shall be in accordance with our original proposal with Zaha Hadid
Architect on November 03, 2011.
If the above is acceptable, please sign on the Approved line below, returning the
executed original to us and retaining a copy for your file. If you have any questions
please feel free to contact me.
Gregory Lewis P.E., Project Manager
Approved:
Berenblum Busch Architecture
DESIMONE
NEW YORK
MIAMI
SAN FRANCISCO
March 2, 2015 NEW HAVEN
LAS VEGAS
Sabrina Baglieri HONG KONG
Senior Capital Projects Coordinator ABU DHABI
CAPITAL IMPROVEMENT PROJECTS OFFICE SHANGHAI
1700 Convention Center Drive
Miami Beach, FL 33139
Re: Collins Parking Garage - Miami Beach, Florida
BFE+O' (Amendment 5)-Additional Services Narrative
DESIMONE Project No. 5684
Dear Ms. Baglieri,
We are pleased to continue to provide design services on the Collins Park Place garage
complex. We have received a request from Berenblum and Busch Architecture to
perform a redesign of the structure to account for the change in elevation of the ground
floor slab.
In the previous Amendment 4 redesign, the structural changes were driven by raising the
ground floor slab to above the base flood elevation. During this redesign, the entire
building was raised and the main structural changes occurred at the ground floor. The
structures required to resist flood loads were eliminated. A simplified ground floor slab on
grade replaced a structural slab with tie downs. Grade beams around the perimeter of
the structural slab were eliminated.
Amendment 5 moves the ground floor slab to base flood elevation without reducing the
height of the building,which was increased during Amendment 4. The ground floor slab
is at a higher elevation than prior to Amendment 4 and as such the flood loads are lower.
• The taller building will require the redesign of the building's shear walls to resist the higher
wind loads and the taller columns will need to be redesigned due to the increase in their
unbraced length. The foundation will need to be redesigned to account for the
hydrostatic uplift loads and the taller building's higher overturning loads. As the
hydrostatic forces will be less than prior to Amendment 4, the structural ground floor slab
and perimeter grade beams will be optimized for these loads. The foundations will need
to be lowered to avoid the lower ground floor slab. The revised feature stair layout will
require a redesign for the larger span from ground floor to level 4. New retaining walls will
be needed around the building at the revised ramp and stair locations. As the ground
floor slab layout was changed during Amendment 4 there will need to be additional
foundations for either flood barriers or knee walls around the building's perimeter to resist
the flood loads. These structural changes will require coordination with the design team.
The above covers the work necessary to issue Amendment 5 60% Design Development
Documents [60% Construction Documents]. The completion of the drawings from 60%
DESIMONE CONSULTING ENGINEERS 800 BRICKELL AVENUE 6TH FLOOR MIAMI,FLORIDA 33131 P.305.441.0755 F.212.481.6108
I
DESIMONE
Page 2 of 2
forward will be per our original design proposal. We hope this outline clarifies the extent
of our scope in this redesign.
Yours very truly,
DESIMONE CONSULTING ENGINEERS
gP/IIIM...
Gregory Lewis, P.E.
Project Manager
0(6a,, Attachment 6
11 SMART-SCIENCES
Environmental Consulting
ce is�a�J
December 29,2014
Mr.Mario Menendez
Berenblum Busch Architecture,Inc.
848 Brickell Avenue,Suite 625
Miami,Florida 33131
RE: REVISED PROPOSAL FOR CONTAMINATION ASSESSMENT PLAN AND SITE
ASSESSMENT AT PROPOSED COLLINS PARK GARAGE PROPERTY LOCATED AT 340
23RD STREET,MIAMI BEACH,FLORIDA
SMART-SCIENCES PROJECT NUMBER 2014-0065-PO1
Dear Mr.Menendez:
Smart-Sciences is pleased to provide you with this proposal for the professional environmental services
associated with the preparation of a Contamination Assessment Plan(CAP), Site Assessment(SA) and Site
Assessment Report (SAR) for the above referenced property in accordance with environmental
requirements by the Miami-Dade County and the Florida Department of Environmental Protection.
The scope of work for this proposal is based on our review of previous environmental reports provided to
Smart-Sciences and submittal requirements for petroleum contaminated sites as presented in Chapter 62-780
of the Florida Administrative Code. The proposal includes the scope of work and associated costs to
prepare an approvable CAP which will be reviewed by the Miami-Dade County Department of
Environmental Resources Management(DERM)prior to its implementation.
Please note that this proposal conservatively estimates a certain number of locations for soil and
groundwater analysis to determine the present subsurface conditions. Although we have included
contingencies for some additional work that may be necessary and/or required by DERM, associated costs
to delineate potential off-site contaminant plumes or plumes from other properties are not included.
However, Smart-Sciences is confident that the scope of work to be presented in the CAP to DERM will
meet the assessment requirements.
SCOPE OF WORK
• Smart-Sciences meet with Beren lum Busch Architecture (Client) to briefly
Smart Sciences recommends to eet b
discuss a course of action for the contamination assessment to be presented in the CAP. Further
investigation by Smart-Sciences may result in a potential recommendation for a Limited
Contamination Assessment on behalf of the Client and the City of Miami Beach. Upon further
investigation of previous assessment activities and consensus on the appropriate regulatory course
of action, a CAP will be prepared and presented to Miami-Dade County DERM. Following
approval of the CAP, Smart-Sciences will implement the scope of work for the
assessment.
We will submit a draft CAP to the client within three weeks of authorization. We will submit the
final CAP to DERM within one week of receiving the client's comments on the draft. DERM's
review time is typically between 30 and 60 days.
329 Palermo Avenue I Suite 210 I Coral Gables,FL 33134 I P: 786-313-3977 I F: 305.356.4333
www.Smart-Sciences.com
Proposal for Contamination Assessment Plan and Site Assessment December 29,2014
Proposed Collins Park Garage 340 23''Street,Miami Beach,Florida Page 2 of 4
Smart-Sciences Proposal No. 2014-0065-P01(Revised)
• Smart-Sciences will schedule a utility clearance and notify DERM of scheduled activities including
specific dates for subsurface drilling and sampling activities. The drilling activities will be
conducted by a licensed environmental driller and supervised by Smart-Sciences personnel. It is
estimated that fifteen (15) soil borings and eleven (11) groundwater monitoring wells will be
advanced in areas including former underground storage tanks (UST), former dispenser islands,
oil/water separator and used oil storage tank. Drilling will be performed using the direct-push
methodology. Soil borings will be advanced in two-foot intervals to the water table(approximately
3 to 5 feet below land surface) and screened in the field for hydrocarbon vapors using an Organic
Vapor Analyzer (OVA) equipped with a flame ionization detector. Soil samples with the highest
OVA readings or from the soil/water interface will be further analyzed at a laboratory for
parameters of concern. Ten (10) shallow groundwater monitoring wells will be advanced to
approximately thirteen(13)feet below land surface(bls)for the purpose of sample collection and to
determine groundwater conditions at the shallow aquifer. One (1) deep groundwater monitoring
well will be advanced to approximately twenty-five feet bls for sample collection and to determine
groundwater conditions at the intermediate aquifer and delineation of potential contamination.
• Soil and groundwater samples will be either collected for laboratory analysis of the
Gasoline/Kerosene Analytical Group or Used Oil Analytical Group as presented in Chapter 62-770
FAC. The first group includes a full range of volatile organic compounds and polynuclear aromatic
hydrocarbons (EPA Methods 8260 and 8270),Total Recoverable Petroleum Hydrocarbons (TRPH)
by FL-PRO, Ethylene dibromide(EPA Method 504) and Lead(EPA Method 6010). In addition to
the described parameters and analytical methods, the Used Oil Group includes Polychlorinated
biphenyls (EPA Method 8082) and metals; Arsenic, Cadmium and Chromium (EPA Methods 610
and 620). Ethylene dibromide is not included in the Used Oil Group. All sampling activities will
be conducted by trained personnel following sampling operating procedures in accordance with the
Florida Department of Environmental Protection (FDEP). The laboratory analysis will be
performed at a NELAC accredited and State-certified environmental laboratory.
• Following hydrogeological field activities to be performed by a State of Florida registered
Professional Geologist, a SAR will be prepared. The SAR summarizes the implemented tasks
pursuant to subsection 62-780 FAC. The SAR will include information such as the history of the
facility, topography of the site and surrounding areas, details of preliminary assessments of source
removal activities, a vicinity map showing features such as drainage, property boundaries, water
supply wells, potential off-site sources of petroleum contamination, a scaled site map showing
surface and subsurface features such as former and current tank farms, integral piping, dispensers,
monitoring wells, buildings, streets, right-of-ways, utilities, sewers, floor drains, and subsurface
drainage in the immediate vicinity. Technical information will include data and calculations used to
determine the top of casing elevations, depth to water and water-level elevations to determine
groundwater flow direction,a scaled site map showing groundwater flow direction,scaled site maps
showing location of new and existing wells,soil borings and concentrations of contaminants, scaled
site maps showing contour lines of the extent of contaminant plumes, figures showing well
construction profiles, summary tables with OVA screening data, and soil and groundwater
analytical data. Other important data that will be reported includes the description of the regional
and site-specific geology, hydrogeology and site-specific lithology based on the soil and
groundwater assessment drilling activities. The SAR will have recommendations in accordance
with Chapter 62-780 and will be signed and sealed by a State of Florida Registered Geologist.
Proposal for Contamination Assessment Plan and Site Assessment December 29,2014
Proposed Collins Park Garage 340 23'1 Street,Miami Beach,Florida Page 3 of 4
Smart-Sciences Proposal No.2014-0065-POl(Revised)
PROGRAM COSTS
The following are Smart-Sciences estimated consulting and subcontracting charges. Should additional work
be necessary or required by site-specific conditions or additional requirements by permitting and regulatory
agencies, the client will be informed of work and associated costs prior to the performance of the additional
work and/or materials.
Task Description and Estimated Labor Effort Fee
Contamination Assessment Plan
Research and review of past environmental conditions and
data,tables of data, assessment strategy,meetings with
DERM,Client and City officials,preparation of CAP for
DERM review,revisions and final submittal
Project Manager 25 hours @$120/hour
Staff Scientist 10 hours @$82/hour
GIS Specialist 3 hours @$75/hour $4,045.00
Drilling(Subcontractor)
Advancement of 15 soil borings and 11 well locations
Estimated time 2 days @$1,600/day
Well completions (concrete, manhole, locking cap and
covers)$350/well $7,600.00
Permitting$50/well
Laboratory Analysis(Subcontractor)
Thirteen samples for Gas/Kerosene Group @$540/sample
Eleven samples for Used Oil Group @$590/sample $13,510.00
(includes quality assurance/control blank analysis)
Contamination Assessment Activities
Activities: Utility clearance,coordination of drilling,
sampling and notifications to DERM,site activities
supervision,OVA screening,soil and groundwater
sampling,surveys,water table and casing elevation surveys,
and hydrological evaluations.
Project Manager 50 hours @$120/hour
Staff Scientist 22 hours @$82/hour $8,779.00
Environmental Technician 15 hours @$65/hour
Contamination Assessment Report Preparation
Project Manager 40 hours @$120/hour
GIS Specialist 15 hours @ 75/hour $6,245.00
Clerical 8 hours @$40/hour
Miscellaneous
Survey and sampling equipment rental$1,000
Travel mileage$300
Contingencies for additional drilling and analysis if required
by DERM$2,000 $3,300.00
Total$43,479.00
Proposal for Contamination Assessment Plan and Site Assessment December 29,2014
Proposed Collins Park Garage 340 23'd Street,Miami Beach,Florida Page 4 of 4
Smart-Sciences Proposal No.2014-0065-P01(Revised)
AUTHORIZATION
Attached is a copy of our Standard General Conditions for Professional Services Agreement,which is a part
of the proposal. If the above scope of services and fees are acceptable, please sign below and return a
signed,fully executed copy of our proposal.
The above proposal is hereby agreed to by:
Signature: Date:
Name:
Title:
Company:
We appreciate the opportunity to offer our professional services on this project. If you have any questions
concerning this proposal,please contact me at 786-313-3977.
Sincerely,
SMART-SCIENCES,INCORPORATED
/ e.....VAA)FE) for
Gisele L. Colbert,LEP Isidro Duque,P.G.
Principal Scientist Senior Geologist
Attachments
Professional Services Agreement
M:IProposals12014 Proposals12014-0065-P01 Collins Parking Garage ESAISmart Sciences CAP and SAR Proposal for Collins Park Garage
rev_updated.docx
STANDARD GENERAL CONDITIONS
1.01 Basic Agreement: Smart-Sciences,Incorporated(Smart-Sciences)shall provide,or cause to be provided,the services
set forth in this Agreement.If authorized by Client,or if otherwise required,Smart-Sciences shall furnish services in
addition to those set forth in this Agreement.Client shall pay Smart-Sciences for its services as set forth in Paragraphs
7.01 and 8.01.
2.01 Payment Procedures:
A. Invoices: Smart-Sciences shall prepare invoices in accordance with its standard invoicing practices and submit the
invoices to the Client at least once per month.Invoices are due and payable upon receipt.If Client fails to make any
payment due Smart-Sciences for services and expenses within 30 days after receipt of Smart-Sciences'invoice,then
the amounts due Smart-Sciences will be increased at the rate of 1.0%per month(or the maximum rate of interest
permitted by law,if less)from said thirtieth day.In addition Smart-Sciences may,after giving seven days written
notice to Client,suspend services under this Agreement until Smart-Sciences has been paid in full all amounts due for
services,expenses,and other related charges.Client waives any and all claims against Smart-Sciences for any such
suspension and shall be responsible for any attorney's fees incurred in collecting past due amounts.Payments will be
credited first to interest and then to principal.The Client warrants that payment is not dependent on third parties.
3.01 Termination:The obligation to provide services under this agreement may be terminated:
A. By either party upon seven days written notice,in the event of substantial failure on the part of the other party to
perform in accordance with the terms of this agreement,through no fault of the terminating party.Failure to pay
Smart-Sciences for its services is a substantial failure to perform and a basis for termination.
B. By Smart-Sciences,upon seven days written notice,if Client demands that Smart-Sciences furnish or perform services
contrary to Smart-Sciences'responsibilities as a licensed professional;or upon seven days written notice if Smart-
Sciences'services for the Project are delayed for more than 90 days for reasons beyond Smart-Sciences'control.
Smart-Sciences shall have no liability to Client on account of a termination by Smart-Sciences under this section.
C. In the event of any termination,Smart-Sciences will be paid for all services and reimbursable expenses rendered to the
date of termination,in addition to termination expenses.
4.01 Successors,Assigns and Beneficiaries
A. The Client and Smart-Sciences each binds themselves,and their partners,successors,executors,administrators,
assigns and legal representatives to the other party of this agreement. Neither party may assign,sublet or transfer any
rights under,or interest in,this agreement without the written consent of the other. Nothing contained in this
paragraph shall prevent Smart-Sciences from employing such independent consultants,associates and subcontractors,
as Smart-Sciences may deem appropriate.
B. Unless expressly provided otherwise,nothing in this Agreement shall be construed to create,impose,or give rise to
any duty owed by Client or Smart-Sciences to any contractor,subcontractor,supplier,other individual or entity,or to
any surety for or employee of any of them.All duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of Client and Smart-Sciences and not for the benefit of any other party.
5.01 General Considerations:
A. Smart-Sciences will perform its services using that degree of skill and care ordinarily exercised under similar
conditions by reputable members of Smart-Sciences'profession practicing in the same or similar locality at the time
Services are performed.NO OTHER WARRANTY,EXPRESS OR IMPLIED,IS MADE OR INTENDED.
B. Smart-Sciences shall not at any time supervise,direct,control,or have authority over any contractor's work,nor shall
Smart-Sciences have authority over or be responsible for the means,methods,techniques,sequences,or procedures of
construction selected or used by any contractor,or the safety precautions and programs incident thereto,for security or
safety at the project site,nor for any failure of a contractor to comply with laws and regulations applicable to such
contractor's furnishing and performing of its work. Smart-Sciences neither guarantees the performance of any
contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with
the contract between Client and such contractor.Smart-Sciences is not responsible for variations between actual
construction bids or costs and Smart-Sciences'opinions or estimates regarding construction costs.
C. Smart-Sciences shall not be responsible for the acts or omissions of any contractor,subcontractor,or supplier,or of
any of their agents or employees or of any other persons(except Smart-Sciences'own employees)at the Project site
or otherwise furnishing or performing any construction work;or for any decision made regarding the construction
contract requirements,or any application,interpretation,or clarification of the construction contract other than those
made by Smart-Sciences.
Excerpted from EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services
D. All documents prepared or furnished by Smart-Sciences are instruments of service,and Smart-Sciences retains an
ownership and property interest(including the copyright and the right of reuse)in such documents,whether or not the
project is completed.Client shall have a limited license to use the documents on the project,subject to receipt by
Smart-Sciences of full payment for all services relating to preparation of the documents and subject to the following
limitations:(1)Client acknowledges that such documents are not intended or represented to be suitable for use on the
project unless completed by Smart-Sciences,or for use or reuse by Client or others on extensions of the Project,on
any other project,or for any other use or purpose,without written verification or adaptation by Smart-Sciences;(2)
any such use or reuse,or any modification of the documents,without written verification,completion,or adaptation
by Smart-Sciences,as appropriate for the specific purpose intended,will be at Client's sole risk and without liability
or legal exposure to Smart-Sciences;(3)Client shall indemnify and hold harmless Smart-Sciences from all claims,
damages,losses,and expenses,including attorneys'fees,arising out of or resulting from any use,reuse,or
modification of the documents without written verification,completion,or adaptation by Smart-Sciences;and(4)such
limited license to Client shall not create any rights in third parties.
E. To the fullest extent permitted by law,Client and Smart-Sciences(1)waive against each other,and the other's
employees,officers,directors,agents,insurers,partners,and consultants,any and all claims for or entitlement to
special,incidental,indirect,or consequential damages arising out of resulting from,or in any way related to the
project,and(2)agree that Smart-Sciences total liability to Client under this Agreement shall be limited to$50,000 or
the total amount of compensation received by Smart-Sciences,whichever is greater.
F. Client and Smart-Sciences agree to negotiate each dispute between them in good faith during the 30 days after notice
of dispute.If negotiations are unsuccessful in resolving the dispute,then the dispute shall be mediated.If mediation is
unsuccessful,then the parties may exercise their rights at law.
G. This Agreement is to be governed by the law of the State of Florida and the local jurisdiction in which the project is
located.
H. PURSUANT TO FLORIDA STATUTE 558.0035, NO INDIVIDUAL
EMPLOYEE OR AGENT OF SMART-SCIENCES MAY BE HELD
INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING FROM THE
PERFORMANCE OF PROFESSIONAL SERVICES UNDER THIS
CONTRACT. (Emphasis in accordance with the statute.)
I. The proposal and fees are valid for thirty(30)days from the date at the top of the proposal.
J. Notice to proceed must be within thirty(30)days of signed agreement, unless otherwise specified in the agreement.
K. For purposes of statutes of limitations/repose,our contract services will be considered complete upon delivery of the
last service or instrument described in our agreement.
6.01 Total Agreement: This Agreement(including any expressly incorporated attachments),constitutes the entire
agreement between Client and Smart-Sciences and supersedes all prior written or oral understandings.
7.01 Basis of Payment
A. Fixed price services are based on doing the work one time. Changes due to causes beyond the control of Smart-
Sciences shall be compensated as Additional Services.
B. Fixed fees do not include printing charges. Reimbursable expenses shall be compensated at cost times 1.15.
C. All governmental fees and testing service charges,if any,shall be paid directly by the Client.
D. Any VAT,excise,gross receipts,or sales taxes that may be imposed by government shall be added to the
compensation otherwise due under the professional services agreement.
E. All fees and rates are based on normal eight hour weekday work. Work performed,by request of the Client,on week
nights,weekends,or holidays shall bear a 50%surcharge.
F. All fees are subject to renegotiation one year from the date of the agreement.
8.01 Additional Services:
A. Client shall pay Smart-Sciences an amount equal to the cumulative hours charged to the Project by each class of
Smart-Sciences'employees,times standard hourly rates for each applicable billing class;plus reimbursable expenses
and Smart-Sciences'consultants'charges,if any.Smart-Sciences'standard hourly rates are attached.
B. The Client may wish to establish control procedures for pre-authorization of Additional Services. Any such
procedures shall be communicated to the Smart-Sciences in writing.
Excerpted from EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,Authorizing The Mayor And
City Clerk To Execute Amendment No. 5 To The Professional Architectural And Engineering (A/E) Services
Agreement With The Joint Venture Of Zaha Hadid Limited T/A Zaha Hadid Architects And Berenblum Busch
Architecture, Inc. Dated May 3, 2012, For The Collins Park Parking Garage Project (Collins Park Place), For The
Additional Professional Services Required To Redesign The Ground Floor Of The Building To Base Flood Elevation
(BFE)With Provisions To Have All Critical Systems Elevated Up To 20 Feet Or As High As Reasonably Possible,
And Building Slabs Designed To Accommodate A Future Increase In Ground Floor Elevation; And For The
Provision Of A Contamination Assessment Plan (CAP), Site Assessment(SA)And Site Assessment Report(SAR)
For The Project Site To Address The Site Contamination Identified In The Phase II Environmental Site Assessment
Report
Key Intended Outcome Supported:
Build and maintain priority infrastructure with full accountability.
Supporting Data(Surveys,Environmental Scan,etc.): The 2012 Customer Satisfaction Survey indicated that
over 81%of residents rated recently completed capital improvement projects as"excellent"or"good". Recently
completed capital improvement projects(81%),storm drainage(37%),and condition of roads(44%).
Item Summary/Recommendation:
On March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a Professional Services
Agreement between the City and a joint venture of Zaha Hadid Limited t/a Zaha Hadid Architects and Berenblum
Busch Architecture, Inc. (the Consultant)for the Planning, Architectural, Engineering, Design, Bid and Award, And
Construction Administration Services for the Collins Park Place Project. The Agreement was executed in the
amount of$2,951,823.There have been four previous Amendments approved for a total of$295,466.
On December 11, 2014, CIP met with the Miami—Dade County Public Works.Department (County) to discuss the
encroachment of the proposed elevated walkway of the garage building retail areas onto the County's right-of-way
(ROW), as a result of having to design the building's ground floor at elevation of BFE+3 feet. The County rejected
the plans as designed and did not allow for the encroachment on their right-of-way. On January 26, 2015 City
Administrators met with the County in an attempt to negotiate a viable solution to the encroachment, but the County
upheld its previous decision not to allow their right-of-way to be impacted. On January 27,2015, Administration and
CIP presented to the Mayor's Blue Ribbon Panel on Flooding & Sea Rise with the conclusion of said meeting with
the County Officials and the panel recommended to re-design the building to BFE with the condition that all critical
equipment be designed to an elevation of 20 feet, or as high as reasonably possible and the structural provision to
allow the building ground floor to be elevated in the future. On the same day, the City Commission upheld and
approved the Mayor's Blue Ribbon Panel on Flooding and Sea Rise recommendation.
As a result, several disciplines including architecture, civil engineering, landscape architecture, and structural
engineering design will be impacted.The total negotiated fee requested for this additional effort is$250 870.
Furthermore, additional environmental services are required to address the site contamination identified on the
Phase II Environmental Site Assessment Report dated February 19, 2014. These efforts will include the installation
of additional monitoring wells and borings to obtain samples for laboratory analysis, and submit the results to RER
and FDEP for their review and evaluation to determine if additional measures are required for final clean up and
closure.The cost for this additional scope for professional services is$43,479.
Therefore, the total amount for the redesign of the project and the additional environmental services under
Amendment No. 5 is$294,349.The Administration believes to be a fair and reasonable cost given the level of effort
required
THE ADMINISTRATION RECOMMENDS APPROVAL OF THIS RESOLUTION.
Advisory Board Recommendation:
Flooding Mitigation Committee
Financial Information:
Source of Amount Account
Funds: 1 $294,349 Fund 365-City Center RDA 365-2801-061357
fr1 '
OBPI Total $294,349
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
David Martinez, P.E., LEED AP ext.6972
Sign-Offs:
De•artm it ctor Assista J3 4"r ager Cit Ma ager
DM `riI M F .7iI I) JL 1'
T:\AGENDA\2015\Mac Colli s Park Place-ZHA and BBA Amendm t No 11- mary
MIAME AGENDA I R-1 F
DATE
11-
1915 . 20"5
CAPITAL IMPROVEMENT PROJECTS OFFICE
C)MMISSION MEMORANDUM
TO: Mayor Philip Levine and Members •f the City ommission
FROM: Jimmy L. Morales, City Manager
DATE: March 11, 2015
SUBJECT: A RESOLUTION OF THE MAYOR A ND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZIN THE MAYOR AND CITY CLERK TO EXECUTE
AMENDMENT NO. 5 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING
(NE)SERVICES AGREEMENT WITH THE JOINT VENTURE OF ZAHA HADID LIMITED
T/A ZAHA HADID ARCHITECTS AND BERENBLUM BUSCH ARCHITECTURE, INC.
DATED MAY 3, 2012, FOR THE COLLINS PARK PARKING GARAGE PROJECT
(COLLINS PARK PLACE), FOR THE ADDITIONAL PROFESSIONAL SERVICES
REQUIRED TO REDESIGN THE GROUND FLOOR OF THE BUILDING TO BASE
FLOOD ELEVATION (BFE) WITH PROVISIONS TO HAVE ALL CRITICAL SYSTEMS
ELEVATED UP TO 20 FEET OR AS HIGH AS REASONABLY POSSIBLE, AND
BUILDING SLABS DESIGNED TO ACCOMMODATE A FUTURE INCREASE IN GROUND
FLOOR ELEVATION, IN KEEPING WITH THE CITY OF MIAMI BEACH FLOOD
MITIGATION EFFORTS AS IT RELATES TO SEA LEVEL RISE, IN THE LUMP SUM
AMOUNT OF $250,870; AND FOR THE PROVISION OF A CONTAMINATION
ASSESSMENT PLAN (CAP), SITE ASSESSMENT (SA) AND SITE ASSESSMENT
REPORT(SAR)FOR THE PROJECT SITE IN ACCORDANCE WITH ENVIRONMENTAL
REQUIREMENTS BY MIAMI-DADE COUNTY REGULATORY AND ECONOMIC
RESOURCES (RER) AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP)TO ADDRESS THE SITE CONTAMINATION IDENTIFIED IN THE
PHASE II ENVIRONMENTAL SITE ASSESSMENT REPORT, IN THE NEGOTIATED
LUMP SUM AMOUNT OF $43,479; FOR A TOTAL COST OF $294,349 WITH
PREVIOUSLY APPROPRIATED FUNDING.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Build and maintain priority infrastructure with full accountability.
FUNDING
Previously appropriated funds for this project will be allocated as follows:
$294,349 Fund 365 -City Center RDA 365-2801-061357
Commission Memorandum —Collins Park Place—ZHA and BBA Amendment No. 5
March 11, 2015
Page 2 of 3
BACKGROUND
On March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a
Professional Services Agreement between the City and a joint venture of Zaha Hadid Limited t/a Zaha
Hadid Architects and Berenblum Busch Architecture, Inc. (the Consultant) for the Planning,
Architectural, Engineering, Design, Bid and Award, And Construction Administration Services for the
Collins Park Place Project. The Agreement was executed in the amount of$2,951,823.
On September 30,2013,Amendment No. 1 was executed in the amount of$8,935,for the provision of
additional surveying services, and extended representation during the July City Commission Meeting.
On December 9, 2013,Amendment No. 2 was executed in the amount of$12,114,for the provision of
a Phase I I Environmental Site Assessment,for the investigation of recognized environmental conditions
(RECs) identified on the Phase I Environmental Site Assessment report.
On May 28, 2014, Amendment No. 3 was executed in the amount of $24,969, for the provision of
design studies and a rough order of magnitude cost estimate related to raising the proposed ground
floor elevation two (2)and three (3)feet above Base Flood Elevation.
On June 20, 2014,Amendment No. 4 was executed per Resolution 2014-28615 adopted on June 11,
2014, in the amount of $249,448, for construction documents revisions associated with raising the
proposed finish floor elevation to Base Flood plus three (3) feet; for the design, permitting and
construction administration services of certain right-of-way improvements required by Miami-Dade
County Public Works (County); and for the design, permitting and construction administration for the
replacement sanitary sewer line(and associated structures if required)along Liberty Avenue,requested
by the City's Public Works Department.
ANALYSIS
On November 28, 2014 the office of Capital Improvement Projects (CIP) received 60% Construction
Documents for the Collins Park Place Parking Garage. On December 11, 2014, as part of the review
process, CIP met with the County to discuss the encroachment of the proposed elevated walkway of
the garage building retail areas onto the County's right-of-way(ROW), as a result of having to design
the building's ground floor at the higher elevation of Base Flood Elevation plus three (3) feet, as
requested by the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and approved by City
Commission Resolution 2014-28615 adopted on June 11, 2014. The County rejected the plans as
designed and did not allow for the elevated pedestrian walkway to encroach on the right-of-way.After a
number of additional studies by the design Consultant, it became clear that in order to keep the
County's sidewalk untouched,the retail space would be significantly reduced and the elevated(upper)
walkway along the retail area will create a narrow and un-inviting path for pedestrian traffic and
prospective shoppers.
On January 26, 2015, following the direction of the Mayor's Blue Ribbon Panel on Flooding and Sea
Rise, City Administrators met with the County in an attempt to negotiate a viable solution to the
encroachment. At said meeting, the County upheld its previous decision not to allow their right-of-way
to be impacted by the construction of the elevated walkway onto a portion of their sidewalk.
On January 27, 2015,Administration and CIP presented to the Mayor's Blue Ribbon Panel on Flooding •
&Sea Rise with the conclusion of said meeting with the County Officials and the panel recommended
to re-design the building to Base Flood Elevation(BFE)with the condition that all critical equipment be
designed to an elevation of 20 feet, or as high as reasonably possible and the structural provision to
We are committed to providing excellent public service and safety to all who live, work,and play in our vibrant, tropical, historic community.
Commission Memorandum—Collins Park Place—ZHA and BBA Amendment No. 5
March 11, 2015
Page 3 of 3
allow the building ground floor to be elevated in the future. On the same day, the City Commission
upheld and approved the Mayor's Blue Ribbon Panel on Flooding and Sea Rise recommendation.
As a result of the mandated redesign, the scope of work includes adapting the geometry to meet
existing sidewalk, adapt, redesign and detail the ground floor storefront including an addition of a knee
wall, adapt and implement changes to back-of-house area,all garage stairs,elevator cores,site ramps,
site grading and landscape design. The structure will have to be redesigned to account for the
revisions, including the ground floor slab, columns, shear walls and foundations.The revisions impact
several disciplines including architecture, civil engineering, landscape architecture and structural
engineering. The total negotiated fee requested by the design team (Zaha Hadid Limited t/a Zaha
Hadid Architects and Berenblum Busch Architecture, Inc.) for this redesign of the documents is
$250,870.
Furthermore, additional environmental services are required to address the site contamination identified
on the Phase II Environmental Site Assessment Report dated February 19, 2014. Once a
contamination is found, further assessment is necessary to address the limits and extent of such
contamination and ultimately develop a Contamination Assessment Plan(CAP),in full accordance with
requirements by the Miami-Dade County Regulatory and Economic Resources Department(RER)and
the Florida Department of Environmental Protection(FDEP).These efforts will include the installation of
additional monitoring wells and borings to obtain samples for laboratory analysis,and submit the results
to RER and FDEP for their review and evaluation to determine if additional measures are required for
final clean up and closure. The cost for this additional scope for professional services is $43,479.
The total amount to be approved for the redesign of the project and the additional environmental
services under Amendment No. 5 is $294,349 (See Attachment A). The Administration believes the
cost to be fair and reasonable given the level of effort required.
It is also worth mentioning that due to this redesign of the project, an additional constructability review
of the revised 60% construction documents will be required by the Construction Manager at Risk,
Facchina Construction of Florida, LLC. However, Facchina Construction of Florida has advised CIP that
there would be no additional charges to the City by Facchina for this additional effort.
CONCLUSION
The Administration recommends approval of the attached Resolution.
Attachment A-Amendment No. 5
JLM/MT/DM
We are committed to providing excellent public service and safety to all who live, work,and play in our vibrant,tropical, historic community.