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Amendment No. 1 to the Agreement with Calvin, Giordano & Associates, Inc. o_`4 f27 (go AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND CALVIN, GIORDANO &ASSOCIATES, INC. FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES FOR THE DESIGN, BID, AWARD, AND CONSTRUCTION ADMINISTRATIVE SERVICES FOR THE MIDDLE BEACH RECREATIONAL CORRIDOR PHASE II PROJECT (THE AGREEMENT) This Amendment No. 1 to the Agreement made and entered this j day of AK. 2015, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 (hereinafter referred to as CITY), and Calvin, Giordano & Associates, Inc., having its offices at 1800 Eller Drive, Suite 600, Florida 33316 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, on March 21, 2012, pursuant to Request for Qualifications No. 20-10/11, the Mayor and City Commission approved Resolution No. 2012-27861, approving and authorizing the execution of an agreement between Calvin, Giordano & Associates, Inc. and the City (the Agreement) for the design, bid, award, and construction administration services for the Middle Beach Recreational Corridor Phase II project; and WHEREAS, the Project consists of the construction of an on-grade pedestrian pathway encompassing eighteen City blocks or approximately 9,305 feet, from 46th Street to Allison Park at 64th Street to the southern terminus of the existing North Beach Recreational Corridor; and WHEREAS, the pathway will also serve as a portion of the coastal north/south connector in the larger Atlantic Greenway Network (AGN) which supports the sustainable initiative of alternative transportation throughout the City; and WHEREAS, on November 19t" 2014, the City Commission gave the direction to redesign the pathway to a wider width of 25 feet (where allowable) to better accommodate both pedestrians and cyclists; and WHEREAS, this change in design strategy came at the 60% plan completion level, over the last seven months, the design team has been negotiating with the Florida Department of Environmental Protection to permit a wider pathway of 25 feet; and WHEREAS, in order for Calvin, Giordano & Associates, Inc. to complete the redesign and engineering of the pathway to the wider 25-foot width, Calvin, Giordano & Associates, Inc. will need an additional $78,234.23 to be allocated to cover this change in design; and WHEREAS an amendment to the Agreement is required to allow the change order for the additional services required; and 1 WHEREAS, funding in the amount of $12,229,276 is budgeted in FY 2014/15 budget to cover the anticipated costs for the construction of the Middle Beach Recreational Corridor Phase II inclusive of these additional services; and WHEREAS, on July 8, 2015, the City Commission adopted Resolution No. 2015- 29078, approving Amendment No. 1 to the Agreement, increasing the scope of the Agreement to include services for the completion of the redesign and engineering of the pathway to the wider 25-foot width for the Middle Beach Recreational Corridor Phase II Project, between the 46th Street parking lot and the 64th Street parking lot, and increasing the cost of the Agreement in the amount of$78,234.23. 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. MODIFICATIONS The Agreement is hereby modified (deleted items and inserted items underlined) as follows: (a) Section 7.1 of the Article 7, Compensation for Services, of the Agreement is amended as follows: 7.1 Consultant's "Not to Exceed" fee for provision of the Services shall be $6297629764 $607,863.84, with a Reimbursable Expenses allowance of $10,400.00. (b) Schedule A, Scope of Services, is hereby amended to incorporate the attached Schedule A-1. (c) Schedule B, Summary of Costs for Consulting Services, is hereby amended to incorporate the attached Schedule B-1. (d) Schedule C, Hourly Billing Rate Schedule - Professional Fee Schedule, is hereby amended to incorporate the attached Schedule C-1. (e) Schedule E, Anticipated Project Schedule, is hereby amended to incorporate the attached Schedule E-1. 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. 1. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH, F.-*!' IA agi o _IiAll! ' ‘‘‘‘,Ii"‘IIIS / // / C , R=fael E. Granado, C. y C_ I - , 0'��;ilip •Levine, , -yo.,f{f ��� . '." . :INCORP ORATED G \f,�jam' ,� CONSULTANT: ATTEST: tam. ii ,�Y ��,_ CALVIN, GIORDANO &ASSOCIATES, INC. L.,e.....__..........t ecretary President i ----c\The. s .10z=4,e- iN.S-- 'rant Name Print Name Date: eI 10\\ �1 Attachment: Schedule A-1 - Scope of Services Schedule B-1 - Summary of Costs for Consulting Services Schedule C-1 - Hourly Billing Rate Schedule - Professional Fee Schedule Schedule E-1 -Anticipated Project Schedule APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION i 3 ( r5 City Attorney ,�� ate 3 SCHEDULE A-1 SCOPE OF SERVICES ADDITIONAL SERVICES DETAILED SCOPE OF SERVICES The following is a detailed description of the scope of work to be provided by the Calvin, Giordano & Associates, Inc. (CGA) for this Additional Services Agreement to the City of Miami Beach (City) relative to the design, permitting, and implementation of the proposed "Middle Beach Recreational Corridor" Project (Project) between 46th Street to 64th Street. It is the intent that the scope outlined in this Additional Services Agreement shall apply to the affected portions of the section titled Phase 2 — Design Services in the original contract, wherein once completed the original contract will take precedence for the remaining phases of the project, including Phase 3-Bidding and Award Services and Phase 4- Construction Administration Services. The purpose of this Additional Services Agreement Scope of Services is to redesign the Beachwalk to a wider 25-foot width, where allowable, to create a multi-purpose, public access corridor, within State- owned lands, which extends along the western edge of the dunes immediately east of the Erosion Control Line (at times immediately abutting the Erosion Control Line consistent with State-issued directives). The corridor will be approximately 9,650 linear feet running in a north-south direction connecting the south end of an existing Beachwalk at Alison Park with the existing Beachwalk recently constructed in front of Indian Beach Park. The corridor will be constructed of hardscape paver materials, and it will identify connections at beach access points and other at public access areas. Consistent with the negotiations with the Florida Department of Environmental Protection (FDEP), the 25-foot width may be designed where the following minimum criteria can be met: • Where the proposed paver path can be re-aligned as close to the Erosion Control Line as possible; • Where a minimum 50-foot wide vegetated dune can remain in place; • Where the engineering minimizes any `cutting' action on the existing dune and which prefers the addition of beach-compatible fill; • Where the dune system's secondary beach dune can be strengthened with additional fill, especially in areas where invasive exotic vegetation is being removed; and • Where the definition of the 25-foot width is inclusive of all construction impacts, including the extents of any fill compaction supporting any proposed header curbs. This scope assumes that the FDEP will not object to the proposed path location and/or construction materials. This scope assumes that there will be no third-party comments submitted to the FDEP during the permitting process that will trigger significant negotiations or re-design of the project, and that no petition for Administrative Hearing pursuant to Ch. 120 of the Florida Statutes will be filed upon permit issuance. If any of these are needed, then any services associated with them shall be done through a separate Additional Services Agreement. In addition to the permitting services with the FDEP, CGA will assist in responding to comments issued by the Florida Department of Transportation (FDOT) as a condition of any grant funds issued to the City for this project. Comments will be addressed through the FDOT's Electronic Review Comments (ERC) system. • Because there may be inherent conflicts in the requests, conditions of approval and stipulations outlined by different agencies, this scope assumes that the City will take a lead role in facilitating a conversation between the agencies and `bringing them to the table' to determine an applicable condition of approval that will satisfy any conflict in direction — CGA has accounted for fees to support 1 the City in this endeavor. It is understood that additional public outreach will not be a part of this scope of services. Services required by the City for any additional public outreach may be provided on a time- and-material basis though a separate Additional Services Agreement. CONSULTING SERVICES PART 1 — PLANNING SERVICES— Not included in this Additional Services Agreement. PART 2 — DESIGN SERVICES (This scope shall replace sections 2.1 Landscape Architectural and Engineering Services, 2.2.2 60% Final Construction Drawings, 2.2.3 90% Final Construction Drawings, 2.2.4 100% Final Construction Drawings, and 2.3 Permitting of Part 2 — Design Services of the original contract.) 2.1 LANDSCAPE ARCHITECTURAL, ENGINEERING AND PERMITTING SERVICES 2.1.1 Landscape Architectural and Hardscape Design: Landscape Architecture design services will include the initial layout and geometry of the trail based on the design development. Landscape planting design will be completed in accordance with the design development for the proposed Project improvements. This scope assumes that the plant selection previously developed for the 15- foot version of the plan, which was a product of collaborating with a dune ecologist recommended by the City and after having done consultations with both the Parks and Recreation and Planning departments. As a result of the negotiations with the FDEP for a 25-foot wider paver area, the alignment of the Beachwalk will be within close proximity to the Erosion Control Line, frequently eliminating the opportunities for adequate space within State-owned lands to provide adequate plants' growing areas. As such, planting buffers between the paver Beachwalk and the ECL will be eliminated from the scope in the majority of the areas. It is understood that planting buffers will be provided in areas between the ECL and the proposed edge of the Beachwalk where they exceed 5 feet in width. The same planting species used east of the Beachwalk on the dune will be used in any planting areas between the ECL and the Beachwalk, specifically vegetation that is low-growing as had been directed by the Parks and Recreation Department of the City. It is understood that any vegetated privacy buffers will desired by any private property will have to be provided on private property and at their expense, as these will not be a part of this scope of work. Hardscape paving strategies will be developed, including materials, colors, and finishes for the path, edging, fixtures, and other features, to be consistent with previously constructed segments of the Beachwalk. 2.1.2 Engineering Design: The CGA team will provide the initial engineering design services required for the Project elements outlined in the design development. The grading design will be initialized to meet the aesthetic intent of the landscape planting areas. It is assumed that existing beach access points across the dune will be maintained or streamlined. Access to street ends, existing riparian properties, and other access corridors will be reviewed. Access for emergency vehicles will be reviewed and illustrated. This scope of services assumes that no new major structures (bathrooms, walls, etc.) will be designed as part of this Project. Cross sections for the corridor will be developed that will include the path pavers and base material. 2.1.3 Dune Fill Design: CGA will prepare initial design plans suitable for submittal to the DEP illustrating the proposed dune fill to expand the dune profile, as necessary, to restore the dune where needed to establish plant installation. Fill elevation and slopes will be designed. Required connections to street ends and landward properties will be considered in this initial fill design. A proposed fill volume will be calculated. After review and conceptual approval by the DEP, the fill design will be incorporated into the Preliminary Construction Drawings. 2 2.1.4 Electrical Engineering: Pedestrian scale bollard lights with low wattage bulbs and shielding/louvers will be used, as pre-selected by the City and consistent with fixtures utilized in previous segments of the recreational corridor. CGA will coordinate light siting relative to the project's aesthetic considerations. The electrical and lighting plans along with the electrical riser diagram will be defined indicating the proposed equipment and fixture details, quantities, and locations. The electrical power riser diagram will be defined consistent with load requirements and voltage drop calculations. Service entrance requirements will be coordinated with FPL consistent with available and/or new service configurations and locations. 2.1.5 Dune Vegetation Restoration Design: CGA will prepare initial design plans suitable for submittal to the DEP illustrating areas of any exotic vegetation removal and proposed dune vegetation to replace exotics and fill barren areas. Plans will include areas to be vegetated, native salt-tolerant plant species, and appropriate specifications for planting. After review and conceptual approval by the DEP, the dune restoration design will be incorporated into the Preliminary Construction Drawings. This scope of services assumes that there will be no expansion of the footprint of the dune structure/vegetation limits and may attempt to consider already permitted dune restoration projects in this area. 2.1.6 Irrigation Design: and thus will eliminate the need for irrigation in those areas. Additionally, consistent with the direction of the City, irrigation will not be provided on any dune area east of the proposed paver area. Instead, permanent irrigation will be designed only at park area connections to the Beachwalk, specifically at 53rd Street Park and Alison Park. The design shall include system layout, service connections, list of materials and installation details consistent with the other Beachwalk projects or as directed by City Staff. The system will include controllers, valves, heads, main and lateral piping, backflow preventers and flow sensors. 2.1.7 Signage Design: The CGA team will provide up design plans for marking and signage to provide separations between cyclist and pedestrian users of the wider Beachwalk. It is envisioned that signage will be consistent with the City's adopted Wayfinding standards — the City shall provide all applicable wayfinding standards for incorporation. All pavement distinctions between pedestrian and cyclist areas are to be integrated into the hardscape paving design and shall not be in the form of a roadway pavement thermoplastic, applied or painted-on application. As such, it is anticipated that pavement striping plans shall not be a part of this project. Signage locations will be identified in the layout or landscape plans. 2.1.8 Basic Permitting Services: It is anticipated that City of Miami Beach Permits, including Permits from the Public Works and the Building Departments, will be required for the Project. The City will prepare applications and process these permits. CGA will assist the City in processing the permits. CGA will meet with representatives of the City toward securing the required approvals for site and civil improvements. 2.1.9 Grants of Perpetual Easement: As the proposed layout of the Project shall not meander landward of the Erosion Control Line (ECL) onto upland properties, an easement agreement shall not be required between privately-owned properties and the City. In the vent that the City requires any easements for any other purpose related to this project, the City shall be responsible for securing all necessary easements from the affected property owners. Any coordination between the City and FDEP regarding any issues regarding easement format or content, although it is generally assumed that there will not be issues of any significance in this regard, will be conducted under a separate Additional Services Agreement. The City shall also provide any and all temporary control easements and perpetual maintenance easements needed for the project. These need to be drafted and obtained prior to construction and phasing initiation. 2.1.10 DEP Division of State Lands Consent of Use Application and Processing (if necessary, these shall be performed under a separate Additional Services Agreement): 3 2.1.10.1 DEP Division of State Lands Consent of Use Application Regulations may require that a Consent of Use or easement be obtained by any entity (local, private, commercial) prior to construction or other activities on State-owned lands. All lands east of the Erosion Control Line are owned by the State of Florida. If the Division of State Lands is not able to confirm that Consent of Use is provided through an updated City Beachfront Management Plan, a separate application for Consent sent must be submitted. If required, CGA will coordinate with the City to prepare and submit a State Lands Consent of Use request to the DEP Joint Coastal Permitting (JCP) program. 2.1.10.2 DEP Division of State Lands Consent Processing: CGA will confer with DEP staff to advise them of the details of proposed construction and identify areas of staff concern. CGA will maintain telephone contact with the DEP to expedite their review and processing of the Consent of Use application. CGA will provide a sketch illustrating the general north and south boundaries of the Consent approval relative to DEP reference monuments. This scope of services assumes that a surveyed legal description of the boundaries of the Project upon state lands will not be required, and that a Consent to Use State Lands, rather than easement, will be required/issued. 2.1.11 Permitting with Florida Department of Environmental Protection and Florida Fish and Wildlife Conservation Commission 2.1.11.1 FDEP CCCL Permit: CGA will prepare and assist the City in obtaining a CCCL Permit for the construction of the project. Towards this effort, CGA will prepare the necessary plans and specifications to obtain this permit. The City will provide CGA with an executed CCCL permit application form, a DEP permit application fee (amount to be determined), and a letter from the Planning and Zoning Department indicating their approval of the project and confirming that the project "does not contravene local setback requirements, or zoning codes" and "is consistent with the state-approved local Comprehensive Plan." The City will provide CGA with the relevant legal descriptions and ownership/control documentation for the proposed Project area. CGA will prepare and submit a permit application package containing this information, as well as the Project design plans, for the proposed project. 1.2.11.2 FDEP and FWC Marine Turtle (Lighting) Review: CGA will coordinate with the lighting and landscaping team members toward obtaining lighting plans, cut sheets, and the lighting table required by the FDEP and Florida Fish and Wildlife Conservation Commission (FWC) for review and approval. CGA will also maintain telephone contact with the FWC to expedite their review and approval of the proposed exterior lighting. CGA will confer with the team landscape architect, lighting consultant, and City as to questions, revisions, or additional items that may be required by the FWC to assist the City in obtaining approval for the proposed exterior lighting. It is assumed that bollard light fixture (or a very similar model) and bulbs previously approved by the FWC for the Beachwalk and NBRC Project will be used exclusively for Beachwalk II. It is assumed that no lights will be proposed that would be visible from the beach (such as fixtures near or seaward of the dune crest). 2.1.11.3 Additional DEP Meetings: CGA may attend up to two (2) additional meetings, as needed, in Tallahassee with FDEP staff to review the permit application, re-confirm the acceptability of specific elements of the design, and facilitate expedited permit processing. This can be done at the written request of the City and shall be done under a separate Additional Services Agreement. CGA will prepare Minutes for each meeting documenting the discussions and summarizing FDEP's acknowledgement of compliance. 4 2.2 CONSTRUCTION DRAWINGS AND SPECIFICATIONS 2.2.1 30% Preliminary Construction Drawings: Omitted and shall be understood as haven been fulfilled 2.2.2 60% Construction Drawings 2.2.2.1 CGA will prepare construction plans at approximately the 60% level of completion illustrating details of the proposed Project. The design drawings will illustrate plan and sectional views of the improvements and will include details of paving and grading. All path geometry and elevations will be established, including slopes and ADA considerations and accesses. Minor drainage design (slopes, swales, etc., but no drainage structures or underground piping) will be completed as appropriate for the improvements. Revisions to the number of existing dune crossovers and modifications to sand-on- grade access, and clarification of connections to existing parks and parking lots will be provided. Design for minor beach structures (such as fences and showers, etc.) are not a part of this Project. Paving and utility connection (water/electrical) design will also be developed as required. The plans will incorporate existing conditions and basic design elements including construction details, decorative details for the path, vegetation, and lighting and ADA access assurances. The 60% preliminary plans will graphically convey the engineering and landscape architectural design, and be formatted for a logical sequence of construction. CGA will submit a complete set of all 60% plans to City Staff for review and comment relative to compliance with City Standards. Any significant design changes made to the plan set during this phase of services by the City or a regulatory agency will be addressed under a separate scope of services. 2.2.2.2 Updated Cost Opinion: The opinion of probable construction cost will be revised and submitted with the design submittal package. 2.2.2.3 Preliminary Technical Specifications: CGA will prepare preliminary technical specifications in the Construction Specifications Institute (CSI) format for the Divisions 2-16 specifications required for the construction plans. The City will be responsible for all "up-front" bid package documents such as General Conditions, Construction Contracts, and Division 1 specifications, etc. 2.2.2.4 60% Plans Review: Drawings will be presented to the City for processing through various City Departments. The City shall be responsible for coordinating and routing all plans through the various departments to obtain input. City shall coordinate a review by various City departments and collect all comments from the various departments. CGA will attend one (1) meeting with City Staff to review all comments and obtain direction for further development to be reflected in 90% plans, particularly to address any conflicting comments and to move the process forward. It is expected that to obtain clear direction on how to resolve potentially conflicting comments as issued by different City Departments, various department representatives will attend the meeting. 2.2.2.5 FDEP CCCL Permit Application Submission and Permit Processing: CGA will submit the necessary plans and specification to obtain and process a CCCL Permit with the FDEP. CGA will address any comments issued by the agency. Any significant design changes made after submittal of the permit application will be considered a change in scope. Significant design changes include, but are not limited to, the enlargement of footprint, addition of structures seaward of the CCCL, relocating structures farther seaward, or new activities. CGA will confer with FDEP staff to advise them of the details of the proposed construction and to identify areas of staff concern. CGA will maintain telephone contact with the FDEP to expedite their review and processing of the permit application. CGA will review available working drawings to ensure their compliance with FDEP criteria toward expediting the FDEP Final Order. In addition, CGA will confer with the team members and City as to questions, 5 revisions, or additional items that may be required by the FDEP and will represent the Project before FDEP staff to assist the City in securing a FDEP Permit (Final Order)for the proposed Project. 2.2.2.6 FDEP and FWC Marine Turtle (Lighting) Review: CGA will submit the necessary plans and specification to obtain and process all lighting-related permits with the FDEP. Application permits fees will be the responsibility of the City. CGA will address any comments issued by the agency. 2.2.2.7 FDOT ERC Comments Processing: CGA will address comments issued by FDOT through their ERC system to meet any commitments between the City and FDOT as a condition of any funding allocations. 2.2.3 90% Final Construction Drawings 2.2.3.1 CGA will incorporate comments and agreed-upon resolutions from the City's review of the 60% Final Construction Drawing plans and the comments review meeting into the final construction drawings. A subsequent submittal of the design plans will be made to the City at the 100% level of completion. It is anticipated that the review comments from the 90% level drawings will be minor in nature. The drawings will be prepared with industry-accepted guidelines for the production of construction drawings on 24"x36" sheets at appropriate scales. 2.2.3.2 Revised Cost Opinion: The opinion of probable construction cost will be revised and submitted with the design submittal package. 2.2.3.3 Revised Technical Specifications: The CGA Team will develop revised Technical Specifications to reflect construction and installation specifications for all planned components, particularly with an attention to criteria necessary to address. 2.2.3.4 90% Plans Review: Drawings will be presented to the City for processing through various City Departments. The City shall be responsible for coordinating and routing all plans through the various departments to obtain input. City shall coordinate a review by various City departments and collect all comments from the various departments. CGA will attend one (1) meeting with City Staff to review all comments and obtain direction for further development to be reflected in 90% plans, particularly to address any conflicting comments and to move the process forward. It is expected that to obtain clear direction on how to resolve potentially conflicting comments as issued by different City Departments, various department representatives will attend the meeting. 2.2.3.5 FDEP CCCL Permit Application Submission and Permit Processing: CGA will submit the necessary plans and specification to obtain and process a CCCL Permit with the FDEP. CGA will address any comments issued by the agency. Any significant design changes made after submittal of the permit application will be considered a change in scope. Significant design changes include, but are not limited to, the enlargement of footprint, addition of structures seaward of the CCCL, relocating structures farther seaward, or new activities. CGA will confer with FDEP staff to advise them of the details of the proposed construction and to identify areas of staff concern. CGA will maintain telephone contact with the FDEP to expedite their review and processing of the permit application. CGA will review available working drawings to ensure their compliance with FDEP criteria toward expediting the FDEP Final Order. In addition, CGA will confer with the team members and City as to questions, revisions, or additional items that may be required by the FDEP and will represent the Project before FDEP staff to assist the City in securing a FDEP Permit (Final Order)for the proposed Project. 6 2.2.3.6 FDEP and FWC Marine Turtle (Lighting) Review CGA will submit the necessary plans and specification to obtain and process all lighting-related permits with the FDEP. Application permits fees will be the responsibility of the City. CGA will address any comments issued by the agency. 2.2.3.7 FDOT ERC Comments Processing: CGA will address comments issued by FDOT through their ERC system to meet any commitments between the City and FDOT as a condition of any funding allocations. 2.2.4 100% Final Construction Drawings 2.2.4.1 CGA will incorporate comments and agreed-upon resolutions from the City's review of the 90% Final Construction Drawing plans and the comments review meeting into the final construction drawings. It is anticipated that comments or directives for revisions will be completed and the scope to develop the design drawings shall be considered finalized. Any additional or subsequent submittals of the design plans shall be made under a separate additional services agreement. The drawings will be prepared with industry-accepted guidelines for the production of construction drawings on 24"x36" sheets at appropriate scales. Final 100% Construction Drawings will be sealed by Florida Registered Landscape Architect or a Professional Engineer, as appropriate. Deliverables: Five (5) hard copies of 100% Final Construction drawings. 2.2.4.2 Final Cost Opinion: The opinion of probable construction cost will be finalized and submitted with the final submittal package. 2.2.4.3 Final Technical Specifications: The CGA Team will finalize the Technical Specifications to reflect construction and installation specifications for all planned components, particularly with an attention to criteria necessary to address. 2.2.4.4 Pre-Construction FDEP Conference: Subsequent to issuance of the FDEP Notice to Proceed, the CGA permitting project manager will schedule and attend one (1) Pre-Construction Conference with the FDEP Field Representative, City, Contractor, and Project team members, as required in the Special Permit Conditions outlined in the Final Order. PART 3 — BIDDING AND AWARD SERVICES — Not included in this Additional Services Agreement; shall be ruled by the terms of the original contract under the section titled Part 3 — Bidding and Award Services. PART 4 — CONSTRUCTION ADMINISTRATION SERVICES — Not included in this Additional Services Agreement; shall be ruled by the terms of the original contract under the section titled Part 4 — Construction Administration Services. REIMBURSABLE EXPENSES (Consistent with original contract): Reproduction, transmissions, photocopies, telephone calls, airfare, travel, and other direct expenses related to the performance of this contract will be invoiced pursuant to the attached Schedules B and C. GENERAL CONDITIONS/ASSUMPTIONS (Consistent with original contract): 1. Design drawings created in AutoCAD will be provided to the City in electronic format. 2. It is assumed that the Project will be designed with minimal impact to the beach-dune system — this includes siting landward of the dune profile and vegetation wherever possible, maintenance of existing beach access corridors (or reduction of beach access points if appropriate to reduce dune breach frequency), etc. It is assumed that no structures will be proposed seaward of the 30-year erosion projection that are not in support of the erosion control function of the project, and that no major structures will be proposed seaward of the DEP 30-year erosion projection. It assumed that no major 7 structures such as bathrooms, walls, concrete pads greater than 100 square feet, etc. will be proposed as part of the Project. 3. Major design changes after the completion of the Final Conceptual Design as confirmed by the City after review of the Conceptual Design Report or the 30% set of preliminary construction drawings will be negotiated under a separate scope of services. For the purposes of this agreement, a "major" change would be a total increase or decrease greater than 10% of the total design. 4. CGA is not responsible for any change in the scope of services that may be incurred due to circumstances beyond our control, including, but not limited to, changes in regulations and other legal actions. 5. It is assumed that the Project can be designed as self-mitigating — i.e. that there will be a net benefit to the beach/dune systems through the proposed addition of fill and native vegetation, and that all exotic vegetation is to be removed. If additional mitigation is required by the FDEP, this additional design and negotiation will be provided under a separate scope. 6. The schedule for construction is assumed to be approximately 9 months. Any rebid process or extended construction schedule will require services to be provided under a separate scope. 7. The following items are not included in the scope of services presented herein: 7.1. Meetings or other coordination associated with the Beachfront Management Plan updates 7.2. Street-End, streetscape and associated utilities 7.3. Design of retaining walls, bathrooms, cafes, or other major structures with substantial foundations 7.4. Revisions to riparian property access points based on modifications to those riparian properties 7.5. Transportation planning 7.6. Aerial Photography or Planimetric Mapping 7.7. Public outreach, hearings, meetings, or workshops 7.8. Environmental testing or engineering 7.9. Geotechnical analysis and related sediment quality coordination with FDEP or other agency staff regarding sand proposed to be brought onsite for fill 7.10. Illustrative renderings or Model building 7.11. FEMA consultations 7.12. FDEP Permit Modifications (major or minor) 7.13. FDEP Partial Notices to Proceed 7.14. FDEP Field Permits 7.15. FDEP Permit Time Extensions 7.16. FDEP or MD-PERA(former DERM) Permits for Stormwater Drainage System Modifications 7.17. MD-PERA Tree Removal Permits 8 SCHEDULE B-1 SUMMARY OF COSTS FOR CONSULTING SERVICES The City Commission gave the direction to redesign the Beachwalk project to a wider width of 25 feet (where allowable) to better accommodate both pedestrians and cyclists. This change in design strategy came at the 60% completion level of the plans preparations of the contract's "Part 2 — Design Services" phase, when a substantial amount of the 15-foot design direction had been designed and engineered and after several rounds of review by the State agencies negotiating what allowances the State would permit in meeting the directives of the City Commission. Originally, the fees allocated for the Design 2—Design Services phase was: Landscape Architectural and Engineering Services $ 99,295.14 Construction Drawings and Specifications $ 61,376.61 Permitting $ 54,466.03 Following the negotiations phase with the State to account for this change in design directive, the following are the amounts spent and remaining for the completion of the tasks in the Design 2—Design B Services phase in the original contract: Landscape Architectural and Engineering Services $ 91,462.63 spent; ($ 7,832.51 Remaining) Construction Drawings and Specifications $ 35,688.00; ($ 25,688.61 Remaining) Permitting $ 27,025.38; ($ 27,440.65 Remaining) (Total Remaining $ 60,961.77) In order to redesign and re-engineer the Beachwalk to the wider 25-foot width, Calvin, Giordano & Associates, Inc. (CGA) will need additional monies to be allocated to cover for the expenses in this change in design and direction. Utilizing the amounts identified above as "remaining", the following will be the amounts needed for these Additional Services Agreement (shown in bold) to redo those affected portions of the Design 2 — Design Services phase: Landscape Architectural and Engineering Services $ 24,160.50 Needed -$ 7,832.51 Remaining =$ 16,327.99 for this Additional Services Agreement Construction Drawings and Specifications $ 72,481.50 Needed -$ 25,688.61 Remaining = $46,792.89 for this Additional Services Agreement Permitting $ 42,554.00 Needed -$ 27,440.65 Remaining = $ 15,113.35 for this Additional Services Agreement Additional Services Agreement Total Requested: $ 78,234.23 9 COSTS DESCRIPTION FOR CONSULTING SERVICES FEES REQUIRED TO LABOR LABOR DESCRIPTION COMPLETE FEES FEES FOR REDESIGN OF REIIADING THIS ASA THE PROJECT PART 2—DESIGN SERVICES 2.1 — Landscape Architectural and Engineering Services I $24,160.50; _ 37,832.51 $16,327.99 2.2 — Construction Drawings and Specifications _ $72,481.50: $25,688.61, $46,792.89 2.3 — Permitting $42,554.00; $27.440.65' $15,113.35 FEES TOTAL $78,234.23 ESTIMATED REIMBURSIBLE EXPENSE BUDGET $3,900.00 10 SCHEDULE C-1 HOURLY BILLING RATE SCHEDULE- PROFESSIONAL FEE SCHEDULE 11 m �C)cn` mmv� D mrrrrnrmrmcnDC cncnmvc;cn7 mm ooN .7 NCDx D.Ca 2 1" c7 C C D 1 map cn�. cu N c c m = D D < D 7 CO 4 7 c C m ] D_.m co�°(0 O ZO' co C c 0 0 3 m p is D a a 9 3 O m . m O o- n n n �• n n = o o 0 a Q. _ p 0 D > D c0i v'Q a -. • p O > > 7 C) cn N N O . 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A CA O CO N A W tD tr 63 63 Cl7 fA CO(�63 ER N 63 EA CO 00 (A(A 69 EA Efl(fl EA O CD EA EA O 69 69 O EA CD 69 63 A EA EA V► b9 69 A +� O O O O O O 6)O O O O O O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 O O O W O O 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 O O O O O 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 O 0 0' ....4411 SCHEDULE E-1 ANTICIPATED PROJECT SCHEDULE Duration Ead Task Name (Working Start i Moles Days) PART 2-DESIGN SERVICES - 2.2_.. __-.-- Construction Drawings and Specifications 22.2 - 60%Final Cone*rtios QrI iM s _-- f 2.2.2.1 - 60%Final Construction Dra�isi 9 Plans - 2.2.2.2 - Updated Cost Opinion 4 ! ; 2.2.2.3 - Preliminary Technical Speoiicaeons 5 2.2.2.4 - 60%Comments Review Meeting 2 1 2.2.2.5 - FDEP CCCL Permit J _ Application Submission and Permit Processing 3 2.2.2.6 - FDEP and FWC Marine T• le(Lighting)Review t 2.2.2.7 FOOT ERC Comrnents 4 22.3 - 90%Ficai Caeeearuclk n . 22.11 - 90%Final Construction Draiuq Marts 20 2.2.3.2 - Revised Cost Opinion 4 2.2.3.3 - Revised Technical Spec ona 5 2.2.3.4 - 90%Comments Review Meeting 2 iisbaue 2.2.3.5 - FDEP CCCL Permit Application Submission and Permit Processing 3 2.2.3.6 - FDEP and FWC Marine Tunas if_igistingl Review 1 ii- 2.2.3.7 - FOOT ERC CamAents Processing 4 _224 = 100%Final Caaslr>rt Pima 2.2.4.1 - Final 106%Canstirrson Drawings g 2.2.4.2 - Final Cost Opinion n 5 2.2.4.3 - Final Technical Spa licationis - 4 �---- 2.2.4.4 - Pre-Construction D'EP Conference 1 • ' OVERALL TOTALI 117 days (24 1 . NOTE This schedule represents approximate working days needed to complete the items described. It does not, however, account for time needed or spent by any agency or department to review the plans and provide comment, as these are beyond of the control of Calvin, Giordano&Associates, Inc. I 12