Resolution 2024-33014RESOLUTION NO., 2024-33014
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH, FLORIDA AND COASTAL SYSTEMS INTERNATIONAL, INC., FOR
ARCHITECTURAL AND ENGINEERING SERVICES AT MAURICE GIBB PARK,
FOR ADDITIONAL PROFESSIONAL SERVICES ASSOCIATED WITH (1)
ADDRESSING UNFORESEEN DEBRIS, UNDERGROUND FUEL STORAGE
TANKS DISCOVERED DURING CONSTRUCTION, AND ADDITIONAL
TESTING (2) COORDINATING WITH THE CONSULTING TEAM FOR THE
ADJACENT NEW MARINE PATROL BUILDING PROJECT, AND (3) UPDATING
THE PARK DESIGN AS MAY BE REQUIRED, FOR A NOT -TO -EXCEED
AMOUNT OF $257,015.50; SUBJECT TO APPROVAL OF THE SIXTH CAPITAL
BUDGET AMENDMENT TO THE FY2024 CAPITAL BUDGET.
WHEREAS, on August 18, 2017, a Professional Services Agreement for the renovation
of Maurice Gibb Park to include a viewing/fishing platform, pavilion, floating dock, open sodded
areas, landscape, dog park and children's play area, was executed with Coastal Systems
International, Inc. (Coastal), pursuant to the Request for Qualifications (RFQ) No. 2016 -138 -KB
for Architectural and Engineering Design Services, in the amount of $318,000; and
WHEREAS, several meetings were held with the community, and presentations were
made to the Finance and Citywide Projects Committee and City Commission to facilitate the
development of the project, and to finalize the scope.and amenities that would be included; and
WHEREAS, the resultant design scope added a living shoreline with an overlook, shade
structures, the replacement of the existing seawall, and a unique, artistic, designed playground to
the project; and
WHEREAS, on October 30, 2018, the City approved Amendment No. 1 to the professional
services agreement with Coastal for additional services to include coordination of the findings of
the soil remediation report into the renovation of the park, and the addition of a living shoreline
with an overlook, shade structures, a dog park, repair and/or replacement of the existing seawall,
address resiliency initiatives such as onsite water retention and low voltage LED lighting, and
coordination with the playground design team for the inclusion of the unique, artistic playground
for a negotiated, not to exceed amount of $256,388; and
WHEREAS, on November 16, 2022, the City approved the award of a contract for
construction and authorized the City manager to negotiate and execute a contract with Lunacon
Construction Corp (Lunacon); and
WHEREAS, on November 16,-2022, the City also approved Amendment No. 2 to the
professional services contract with Coastal for the additional services associated with soil
remediation monitoring, certification, and post construction testing, extended construction
administration and special inspection services during construction, for a negotiated, not -to -exceed
amount of $428,500; and
WHEREAS, on April 17, 2023, upon receipt of all required permits, Maurice Gibb Park
was closed to the public and construction commenced and during the progress of work, between
June 23, 2023 and July 5, 2023, Lunacon discovered large amounts of unforeseen abandoned
concrete structures, foundations and slabs, old catch basins and piping buried two (2) feet below
grade, primarily along the south end of the site; and
WHEREAS, research of the historical use of the site indicates the debris found could be
remnants of buildings between 1941 and 1969, when the site was completely paved; and
WHEREAS, additional areas with petroleum contamination, not previously identified were
also discovered and removal of the debris and remediation of the additional contaminated areas,
as necessary to execute the project scope of work, had to be documented and appropriate
procedures established by Coastal Systems International, in coordination with their environmental
consultant, Gallagher Bassett; and
WHEREAS, during the progress of work between July 27, 2023, and September 1, 2023,
Lunacon discovered additional large expanses of asphalt paving, concrete slabs and found
evidence of multiple underground fuel storage tanks at the south and north portions of the site
and though the site was known to have petroleum contamination from previous use as a gas
station, these tanks were never identified in geotechnical or environmental testing performed
during the development of the project; and
WHEREAS, Coastal and Gallagher Basset worked with the City to notify Miami Dade
County Department of Environmental Resource Management (DERM) of the discovered tanks,
developed the required procedures for the removal of the tanks and their appropriate disposal;
and
WHEREAS, the debris and tanks had to be removed for the execution of the park project
and the remediation of environmental contaminants and during construction, the areas requiring
remediation and the removal of unforeseen concrete and asphalt debris increased, constituting
the majority of the site (Exhibit A); and
WHEREAS, Coastal has provided additional services to immediately address the
unforeseen debris, additional contamination and underground storage tanks, to include
coordination with regulatory agencies, sampling and testing of excavated soil and water samples,
attend meetings with sub -consultants and sub -contractors, and attend additional site visits, in a
manner to keep the project moving and minimize delays; and
WHEREAS, addressing the unforeseen debris, the underground storage tanks and the
required permits has delayed the completion of the park project approximately 3 months and
Coastal has worked with Lunacon as they address these unforeseen environmental concerns
including documenting the removal of multiple truckloads of debris, overseeing the removal of six
(6) underground storage tanks from the site, and ensuring their appropriate permitting and
disposal (Exhibit B); and
WHEREAS, Lunacon is working to minimize the delays, but the project completion date
has shifted to March 3, 2025, from the initial date of December 8, 2024; and
WHEREAS, additional Construction Administration services shall be provided by Coastal
during extended construction period should the project not recover from the delays; and
WHEREAS, simultaneously, design of the new Marine Patrol Facility located north of the
park, General Obligation Bond Project #54, is underway and the design proposes the demolition
of the existing Marine Patrol Building and the construction of a new three (3) story facility, within
and coordinated with the park's design; and
WHEREAS, Coastal has worked with the architectural and engineering consultants for the
Marine Patrol Building, to coordinate the interface between the park and the building, the
walkways, landscaping and utilities, including updating the construction documents and revising
the permit for the park project; and
WHEREAS, during the installation of the seawall,'overlook and fishing pier for the park
project, professional services are required for the testing and certification of the steel and concrete
piles, as a part of the terms of the approved building permit; and
WHEREAS, Coastal proposes to provide these services via sub -consultant Ardaman &
Associates, Inc.; and
WHEREAS, 'the cost of these services was not included in the original contract, or
subsequent amendments and is therefore included in this proposal for additional services from
Coastal; and
WHEREAS; Coastal has submitted a negotiated proposal for the additional professional
services in the amount of $257,015.50 (Exhibit C); and
WHEREAS, City staff has negotiated the proposal and found that the fees are fair and
reasonable; and
WHEREAS, this Amendment No.3 will revise the total contract amount to $1,259,903.50.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMIBEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the, City Manager and City Clerk to execute
Amendment No. 3 to the Professional Services Agreement between the City of Miami Beach,
Florida and Coastal Systems International, Inc., for Architectural and Engineering services at
Maurice Gibb Park, for additional Professional Services associated with (1) addressing
unforeseen debris, underground fuel storage tanks discovered during construction, and additional
testing (2) coordinating with the consulting team for the adjacent new Marine Patrol Building
Project, and (3) updating the park design, as may be required, for a not -to -exceed amount of
$257,195; subject to approval of the sixth Capital Budget Amendment to the FY2024 Capital
Budget.
PASSED and ADOPTED,twi; d, 5day of � /12ffff 04.
ATTEST: MAY 2 1 2024
Rafael E. Granado, City Clerk
Steven Meiner, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CC s1 712oZ¢
City. orney. Date
5/9/24, 9:02 AM
MIAMI BEACH
TO: Honorable Mayor and Members of the City Commission
FROM: Rickelle Williams, Interim City Manager
DATE: May 15, 2024
Item 'Coversheet
COMMISSION MEMORANDUM
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK
TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDAAND COASTAL SYSTEMS INTERNATIONAL,
INC., FOR ARCHITECTURAL AND ENGINEERING SERVICES AT MAURICE GIBB PARK, FOR
ADDITIONAL PROFESSIONAL SERVICES ASSOCIATED WITH ADDRESSING UNFORESEEN
DEBRIS, AND UNDERGROUND FUEL STORAGE TANKS DISCOVERED DURING
CONSTRUCTION, ADDITIONAL TESTING, AND COORDINATING WITH THE CONSULTING
TEAM FOR THE ADJACENT NEW MARINE PATROL BUILDING PROJECT, AND UPDATING THE
PARK DESIGN AS MAY BE REQUIRED, FOR A NOT -TO -EXCEED AMOUNT OF $257,015.50;
SUBJECT TO APPROVAL OF THE SIXTH CAPITAL BUDGET AMENDMENT TO THE FY2024
CAPITAL BUDGET.
RECOMMENDATION
The Administration recommends the Mayor and City Commission adopt the Resolution.
BACKGROUNDMISTORY
On August 18, 2017, a Professional Services Agreement for the renovation of Maurice Gibb Park was executed with Coastal
Systems International, Inc. (Coastal), pursuant to Request for Qualifications (RFQ) No. 2016 -138 -KB for Architectural and
Engineering Design Services. The scope of the renovation included a viewing/fishing platform, pavilion, floating dock, open sodded
areas, landscape, dog park and children's play area in the amount of $318,000.
Several meetings were held with the community, and presentations were made to the Finance and Citywide Projects Committee
and City Commission to facilitate the development of the project, and to finalize the scope and amenities that would be included.
The resultant design scope added a living shoreline with an overlook, shade structures, the replacement of the existing seawall,
and a unique, artistic, designed playground to the project.
On October 30, 2018, the City Commission adopted Resolution No. 2018-30548, approving Amendment No. 1 to the professional
services contract with Coastal for additional services to include coordination of the findings of the soil remediation report into the
renovation of the park, and the addition of a living shoreline with an overlook, shade structures, repair and/or replacement of the
existing seawall, address resiliency initiatives such as onsite water retention and low voltage LED lighting, and coordination with
the playground design team for the inclusion of the unique, artistic playground for a negotiated, not to exceed amount of $256,388.
On November 16, 2022, the City Commission awarded the contract for construction and authorizing the City Manager to negotiate
and execute a contract with Lunacon Construction Corp (Lunacon). On November 16, 2022, the City Commission adopted
Resolution No. 2022-32389 approving Amendment No. 2 to the professional services contract with Coastal for the additional
services associated with soil remediation monitoring, certification, and post construction testing, extended construction
administration and special inspection services during construction, for a negotiated, not -to -exceed amount of $428,500.
ANALYSIS
On April 17, 2023, upon receipt of all required permits, Maurice Gibb Park was closed to the public and construction commenced.
During the progress of work, between June 23, 2023 and July 5, 2023, Lunacon discovered large amounts of unforeseen
abandoned concrete structures, foundations and slabs, old catch basins and piping buried below grade, primarily along the south
end of the site. Research of the historical use of the site indicates the debris found could be remnants of buildings between 1941
and 1969, when the site was completely paved. Additional areas with petroleum contamination, not previously identified were also
discovered. Removal of the debris and remediation of the additional contaminated areas, necessary to execute the projects scope
of work, had to be documented and appropriate procedures established by Coastal Systems International, in coordination with their
environmental consultant, Gallagher Bassett.
During the progress of work, between July 27, 2023, and September 1, 2023, Lunacon discovered additional large expanses of
asphalt paving and concrete slabs, and found evidence of mult�'p!� nderground fuel storage tanks at the south and north portions
of the site. Though the site was known to have petroleum oo anation from previous use as a gas station, these tanks were
httos://miamibeach.novusa.qenda.com/AgendaWeb/CoverSheetasp) ?ltemlD=35090 1/3
5/9/24, 9:02 AM
Item Coversheet
never identified in geotechnical or environmental testing performed during the development of the project. Coastal and Gallagher
Basset worked with the City to notify Miami Dade County Department of Environmental Resource Management (DERM) of the
discovered tanks and developed the required procedures for their removal and appropriate disposal. The debris and tanks had to
be removed for the execution of the park project and the remediation of environmental contaminants. During construction, the
areas requiring remediation and the removal of unforeseen concrete and asphalt debris increased, constituting the majority of the
site.
Coastal has provided additional services to immediately address the unforeseen debris, additional contamination and underground
storage tanks, including coordination with regulatory agencies, sampling and testing of excavated soil and water samples,
attending meetings with sub -consultants and sub -contractors, and attending additional site visits, in a manner to keep the project
moving and minimize delays.
Addressing the unforeseen debris, the underground storage tanks and the required permits has delayed the completion of the park
project approximately three months. Coastal has worked with Lunacon as they address these unforeseen environmental concerns
including documenting the removal of multiple truckloads of debris, overseeing the removal of six (6) underground storage tanks
from the site, and ensuring their appropriate permitting and disposal. Attached is a site plan and photos of the underground storage
tanks and debris discovered during construction (Exhibit A).
Lunacon is working to minimize the delays, but the project completion date has shifted to March 3, 2025, from the initial date of
December 8, 2024. Additional Construction Administration services shall be provided by Coastal during extended construction
period should the project not recover from the delays.
Simultaneously, design of the new Marine Patrol Facility located north of the park, General Obligation Bond Project #54, is
underway. The design proposes the demolition of the existing Marine Patrol Building and the construction of a new three (3) story
facility, within and coordinated with the park's design. Coastal has worked with the architectural and engineering consultants for the
Marine Patrol Building, to coordinate the interface between the park and the building, the walkways, landscaping and utilities,
including updating the construction documents and revising the permit for the park project.
During the installation of the seawall, overlook and fishing pier for the park project, additional professional services are required for
the testing and certification of the steel and concrete piles, as a part of the terms of the approved building permit. The cost of these
services was not included in the original contract, or subsequent amendments and is therefore included in this proposal for
additional services from Coastal.
Coastal has submitted a negotiated proposal for the additional professional services in the amount of $257,015.50.
City staff has negotiated the proposal and found that the fees are fair and reasonable.
This Amendment No.3 will revise the total contract amount to $1,259,903.50 (Exhibit B).
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information
has been provided by the Administration as it relates to the subject resolution:
1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in
lobbying? No
2. If so, specify name of lobbyist(s) and principal(s): Not Applicable
SUPPORTING SURVEY DATA
Not applicable.
FINANCIAL INFORMATION
Not applicable.
Amounts)/Account(s):
SUBJECT TO THE 6TH CAPITAL BUDGET AMENDMENT.
$257,015.50 TOTAL
The Administration recommends that the City Commission approve the resolution.
Applicable Area
Middle Beach
Is this a "Residents Right to
Know" item,_pursuant to
City Code Section 2-14?
Yes
Does this item utilize G.O.
Bond Funds?
Yes 380
https:/Imiamibeach.novusagenda.com/AgendaWeb/CoverSheet.aspx?ltemiD=35090 2/3
519124, 9:02 AM Item Coversheet
Strategic Connection
Non -Applicable
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
0 Exhibit A— Site Plan and photos of unforeseen tanks, additional remediation, and unforeseen debris
0 Exhibit B -Amendment # 3
0 OMB Available Balance
381
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EXHIBIT A
SITE PLAN DEPICTING LOCATION OF UNFORESEEN TANKS, ADDITIONAL REMEDIATION AND
UNFORESEEN DEBRIS
Nx
-1
SAND DAIS
7-
T-T
W/S&T BOURCAN
PROPERTY URE
TEUPORARY ----------------------- REM VL(ISR) \6�
N; CT
CONSTRUM C%TNucTIoN rEmCE KJRDY •AVE
W UTION FABRC KEY MAP
KI
�v y -M
I.......... T" C SCALE: I 2W�
a NMI"
2 -
SAND
(NOT BIDS
!/SILT BOURCARY
SO
L
CL n
—Sw B6 ......... . ...............
Area F Area C I .A a'E Ama A
A B
ENTRANCE SOIL BE I&NINTAINED IN A CONDITION
co THAT WILL PREVENT TRACKING OF RWITIC OF SEOOiENT
T/ ONTO PJELIC RIM -Or -WAY. THIS MAY REQUIRE TOP
I. THE
Aroa G v! DRE111% RVAIR AID/IR ULEAHIIIT 11 All 111"'El
CO.M.0, II I USED TO TW SEAMEN.
MIA w"
Omm"L
50 LF OF RULED .............
aaw
HAT HUM rINAi. LOCATION TIT• 2. *0 NECESSARY. MALS SHALL BE CLEANED PRIOR
BE FIELD WE
BY CONTR�CTOR ........... . TO ENTRANCE ONTO PUBLIC RICHT-OF-WAY.
...... .......
Ilr3. MEN WkSM IS REOUM. IT SHALL BE DONE ON AN
..... .............. AREA STABILIZED SON CRUSHED STONE IKAT CHAINS INTO
AN APPROVED SED31M TW OR SEDUM BASIN.
4. RUIR TO SOIL UAMAD&M PLAN FOR URKATION Of
PROPERTY LINE CONTAMINATION AND SIX RUJIMBON.
TDRORARY S. TREE PROTECTION 90" ADHERE TO THE CRY OF
ODRSTRUCOON FENCE I I I mm BEACH TREE PROTECTION PUN. SEE LA-oos FOR
w/poll" TASK I DETAIL
6. CONTRACTOR TO CC*RU LDCA" OF CONSTRUCTION
ENTRANCE WITH PALMS AND RECREATKN. AND PARKSID
DEPARTMENT.
BISCA YNE BAY 7SILT FENCE IS REQUIRED ALOND SHORELINE EVEN WHEN
PROPOSED TURDIM CURTO TURBIDITY CURTAIN 6 IN PLACE
STORMWATER POLLUTION PREVENTION PLAN
=ALE: V - O l TM SCALE: 1.30,
305-673-7080 rl W r, TANKS WERE
ISCOVE ED BELOW GRADE, THAT SHALL HE REMOVED
C
o Eff w am mm �-.NDER FIRE) 6
I AUM off:
RET
CURTAIN IAST BE LABELED WITH
CONTRTORI CO
A WHERE CON RETIJA6P I IT C~ NAIIE AM PHONE III,
r ff(S xAnoNL%w
HOURS BEFORE DIGGING REDISCOVERED THAT SHALL 13E REMOVED UNDER RCO 5 NUMBER IN 4" LETTER UNDAM PER THE CCOASTAL COASTAL SnM Nfill
CALL r..• mu TRW! Ni SEDSW AND EROSION CONTRM NOTES.
TI
1-800-4.32-4770 IS-- AND FOUNDATION. ANOASPHALT PAVING
NOTE. DISCOVERED MORE INAN 2'-0` BELOW GRADE. THAT
ALL WALES INDICATED PURITAN 10 SHALL BE REMOVED UNDER ROD 6
FULL SIZE DRAWTNOS 22.34* AS
I=LSLOURCE REMOV^L I y1.
ORIGINALLY
INCONTRACY
WRICE GIBE MEMORIAL PARK
cRoscr
BEACH SWPPP-2
OF CA al"C"
JRDY AVENUE MIAMI BEACH, FL 33131-1,1241 �'F il-�2 i;�i Ell" i
f _ t
�Jf �` `�v%` .� �" 1 i ` � ��--�" ,iY c J` -.Y�� w .'`,i -' y • - r y-_� �',?�i4.�'y , - -I'
�� - ,-yr"' _•`tea +r''! C�� � � �' �.�^�r�''<�+ �ti �,.�'-,
r.� . � ^ '}+. s;=�,� -syr• _ ���� i` S � frr' �, 4`X 'moi
�i - Y'!`;��. r ��G• ws. '� .a' 3y'L' �u�.:-r ��'>�iJ. _.Y �,
� � � .. M� r F3i3��!o.� `a� e.' .1ax� -. _ . � � � +.�i�►'� r 4 i � � •r .�._ .f'
�.r
1-1
EXHIBIT A
Area D: Fuel encountered signaled possibility of a underground fuel tank.
384
EXHIBIT A
Area D: Concrete slab removed in search of source of fuel encountered.
385
Au
139
$tater
Maurice Gib 'mori.al Pad,
' : .YANCY
=
I
a '
f
tiI o.r1
� rKr •�� - � r . 71:
Nll� � s
_,',,M 'tea �: �, ,' t.r -y# � IVa F•r"yt d ' _ 'E- - ` i +y" ^� * f
�!" . $ '7 .moi ` .� ' r ��'� \ ` 'jca•� � ''- =�
1 ���'�+ ,�. 'tip A *s �- sY a;Tf4f F +�'�`� ,,.� ^ • 4
� yi`� � �+' � h •" •sc`-.' , sM►: 1v -^ ' r � t wr�'+e qA�L • .'tiri�•;�: '� •�.
{ �' _3.. -A ,� Yom(` 4 � ,•c �..�G„ .a �4: Y
EXHIBIT A
Area D: Concrete slab removed in search of source of fuel encountered.
387
EXHIBIT A
Area D: Underground fuel tank exposed.
388
Aug 8, 2023 at 10:04:17 A
1700 Purd .
Miami Beach FL 33139
United States,
-�•.�, Maurice Gibb Memorial Park
xog
Ir
IN-
- .t P ,' 'fir - '!- ��'i`f ` .� (� •J�
I VV
10.
ir
-41
f i., r1;y Ir.r+r fit • '� 4+ `l _ �� ';� `�.
. ti
EXHIBIT A
i',, � 1 t .i'- ,�, � tom.;:', ; . � :0 :
; . • ...�, � . �
— � t �
r.+•! � 5 • i
tr�l�
-Z V
-
�-'•a� :. •�"~- ~� -''i -iti d.',>`:,r o yL'; :{:'tee. -i ="i•
1^ i. x4 it .6
` g S 4y ...w i iti �_ � •,'epi- r "Si -� -
1.
�.
a. `tea. "-?° :. 'p. .i'i. � ♦ :C" _•! �'*` y
� ,,,. ' � �i�h� Y r � of �� � � �.► a�s`�,f ._ '+s :1+ y i a�+� • . - '3+t'? v ' � ,,, t
.�;'. _ , rT iJ .. ���`i,�"f''�-.�•'•�$�t3r'��.,�'� r� r •.-.�1 .. �..�,�,� �d ,, �- _ �r r_ 'ter 'kS"� _ �. ,.
Area D: unforeseen, underground fuel storage tank removed for the execution of work. Fuel encountered
within the ground water was removed.
390
EXHIBIT A
Area D: Unforeseen, underground fuel storage tank removed for the execution of work.
391
oil—
' -f ^� � t '.` �� ± 1 A y1 � r+�.J/ may- `aG r` �. ^. 1•i �6/'L
�
f
'_ , rte; r� r , •,�+�v.^(O n. ...4d ,T
_
`i
/ f 'moi J� y�,�♦� �y�Y ` J� ^ r , , � p��� `yw `�I_ _` �.% '
EXHIBIT
1-4 LI
31 M
Area D: Cleanup of fuel encountered within the ground water underway.
393
EXHIBIT A
Area E: concrete slab and footings removed. Fuel encountered signaled possibility of an
underground fuel tank.
394
JEL
L
EXHIBIT A
Area E: Concrete slab and footings removed. Fuel encountered signaled possibility of an
underground fuel tank.
395
EL
EXHIBIT A
Area E: Concrete slab and footings removed. Fuel encountered signaled possibility of an
underground fuel tank.
396
`f3 at 9:32:05"
.17 0 0 P u rd�
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r
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u --t ��•' ya t �-�,�T+"'74.
s •�,�'" t► - spy^ :+.. � ��; • _ , _ i
ice_ -1
or
��ii A. SF .. _ . 'f=t�7►gJ+�.� .�'�+ar4i • t e .:1 , ��
,i�#i y �. '. ` +' At �� F T ^'� �S M.�J�'+ � _i I h'�,� ^ f i++ `� • e'1
a
'+ • A
Y
f •wOi`I�d .: i �,r�". �+ �-tA..y a�. �- ,C����... ; , .�.i-1',Y.l.o.
a 54 v
Purdy
i p each FL 331u
United Statesf=z
•, `bb Memorial r54. kk,
CST ,
i-
• .,,� L _ ,� � ,ter +.1 . `x5'� "^S� *�o-^� s ,�"� .rtv `'
{a`/'P• .^�s6.b= EVIDENCE « OF
HYDRAULIC TANK
rip
A ! -�... "iii' ¢ �' %'�''• � r.�� � ..�+�� �� �� !� :r�
B. t` 9-:54,:5 I.t AM "
17 d
bo
,{
M,l mj` reg . 331 J9"'':.
,moi r ! :w a a+:
L t y. h a
`.ANt. ♦fir,. ;,"�+ s�� Q r •
4� ♦r` C " s ♦ Wil, is . a Vii: - T � rim; �,� �' ' e
fT, a .1
`A \I �. ♦ i�J�L�11 I _- ..1 1 .#tea _
vvo
r-
"...s-"' v�. :� 4 _ _ . _•.__ _____ �•_ __ Com— Y �� .
- Ski
�•`',1f�e� •, ^.�j`-'��'��
T=�a„'fa ' •,a -'"�
i4z:6iS.' _+ p.! S:aD.��. �tirli►1�i:r.a,�' *�. •+�"�
EXHIBIT A
Area F: Hydraulic fuel discovered, adjacent to estimated 20' diameter tank.
400
fs
Aug 16, 2023 at 9 53: AM *
• 1 700 'Purdy Ave
JV1. Beach FL` 331'39
- U n- ked
'Maurice Gibb -Me
\"=4���- a���,� �_��,,-'�f+ i_•-i'� R. � ,+ yam. -
EDGE OF
HYDRAULIC TAI`
Its
Aar
r 1 + • ' . - � -rte.
`�r _ "= R •� �y r'yv'`H7f�r -,fiat•—Lw4r ..�� _ �3. a'1' {`
f• 7�;-- 'a ' +ms's ��'y`?, `n.. -�.+�� - ` ,-.` a ~`: . { .a
: - ,Ii'-1� � �3i4i �• a ? - , ..lir - - - --
4v
LJ-7pl- -_
-1
ot 4
li
Up—
ck
Iw`
ip,
Vm
1, S
EXHIBIT A
Area F: Unforeseen, large chunks of concrete discovered underground removed for execution of work.
403
EXHIBIT A
Area F: Unforeseen, large chunks of concrete discovered underground removed for execution of work.
404
n i i
AMENDMENT NO.3
TO THE PROFESSIONAL ARCHITECTURAL
AND
ENGINEERING (A/E) SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
COASTAL SYSTEMS INTERNATIONAL, INC.
DATED AUGUST 18, 2017
FORTHE PROVISION OF ADDITIONAL PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES FORTHE MAURICE GIBB MEMORIAL PARK PROJECT
IN THE AMOUNT OF $257,015.20.
THIS Amendment No. 3 to the Agreement is made and entered this day of
, 2024, by and between the CITY OF MIAMI BEACH, a municipal corporation
existing under the laws of the State of Florida (the "City"), having its principal offices at
1700 Convention Center Drive, Miami Beach, Florida 33139, and COASTAL SYSTEMS
INTERNATIONAL INC., a Florida Corporation having its principal officer at 464 South Dixie
Highway, Coral Gables, Florida 33146 (the "Consultant").
RECITALS
WHEREAS, on August 18, 2017, a Professional Services Agreement was executed with
Coastal Systems International, Inc., pursuant to the Request for Qualifications (RFQ) No. 2016-
138 -KB for Architectural and Engineering Design Services, for the renovation of the park, in the
amount on $318,000; and
WHEREAS, several meetings were held with the community, which finalized the design
scope to include a fishing pier, a living shoreline with an overlook, shade structures, the
replacement of the existing seawall, a dog park and a unique, artistic designed playground; and
WHEREAS, on October 30, 2018, the City Commission adopted Resolution No. 2018-
30548, approving Amendment No. 1 to the professional services agreement, for the additional
services to include the soil remediation into the renovation of the park; add a Fishing Pier, a living
shoreline with an overlook, shade structures and a dog park; repair and/or replace the existing
seawall; address resiliency initiatives, such as onsite water retention and low voltage LED lighting;
and, coordination with the playground design team for the inclusion of the unique, artistic designed
playground for a negotiated, not to exceed amount of $256,388; and
WHEREAS, on November 16, 2022, the City Commission adopted Resolution No. 2022-
32389, approving Amendment No. 2 to the professional services agreement, for additional
environmental consulting services to oversee and coordinate the soil remediation efforts as
required by DERM, special inspector services, and additional construction administration
services, in the amount of $428,500; and
WHEREAS, on April 17, 2023, construction of the park commenced and during the
progress of the work, Lunacon Construction Corp. (the "Contractor), discovered large amounts
of unforeseen abandoned concrete structures, foundations and slabs, old catch basins and
piping buried below grade, primarily along the south end of the site; and
WHEREAS, additional large expanses of asphalt paving, concrete slabs and evidence of
multiple underground fuel storage tanks were found at the south and north portions of the site;
and
WHEREAS, the site was known to have petroleum contamination from previous use as
405
EXHIBIT B
a gas station, however, these tanks were never identified in geotechnical or environmental
testing performed during the development of the project; and
WHEREAS, additional areas with petroleum contamination, not previously identified were
also discovered; and
WHEREAS, removal of the debris and remediation of the additional contaminated areas,
as necessary to execute the project scope of work, had to be documented and appropriate
procedures established by the Consultant; and
WHEREAS, the Consultant provided additional services to immediately address the
unforeseen debris, additional contamination and underground storage tanks, including
coordination with regulatory agencies, sampling and testing of excavated soil and water samples;
and
WHEREAS, additional services are required from the Consultant to coordinate the
interface between the park and the new building with the architectural and engineering
consultants for the new Marine Patrol Building ; and
WHEREAS, professional services are required for the testing and certification of the steel
and concrete piles during the installation of the seawall, overlook and fishing pier for the park
project; and
WHEREAS, Coastal Systems International has submitted a negotiated not to exceed
proposal in the amount of $257,015.50; and
WHEREAS, the negotiated proposal submitted by the Consultant was reviewed and
analyzed by City staff and was found to be fair and reasonable; and
WHEREAS, this Amendment No. 3, in the amount of $257,015.50 will revise the total
contract to a not to exceed total of $1,259,903.50.
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. 3.
2. MODIFICATIONS
(a) The Agreement is amended, as provided h e r e i n a n d in Schedule
"A" attached hereto.
(b) In consideration for the services to be performed under this Amendment
No. 2, City shall pay Consultant the not -to -exceed amount of $257,015.50, as provided
in Schedule "B", attached hereto.
3_ . OTHER PROVISIONS.
All other provisions of the Agreement; -as amended; are unchanged and -shall -remain in -
full force and effect.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended by this
Amendment No. 3.
406
EXHIBIT B
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
Rafael E. Granado,
City Clerk
ATTEST:
Secretary
Print Name
407
CITY OF MIAMI BEACH, FLORIDA
Steven Meiner
Mayor
CONSULTANT:
Coastal Systems International, Inc.
President
Print Name
EXHIBIT B
SCHEDULE "A" - SCOPE OF SERVICES
CITY OF MIAMI BEACH
MAURICE GIBB MEMORIAL PARK PROJECT
Amendment #A -4-R3 — February 15, 2024
The following is an addendum to the original Scope of Work, Amendment #A-1, Amendment #A-
2, and Amendment #A-3 to be provided by the Coastal Systems International, Inc. (Coastal
Systems) team for the City of Miami Beach (City) relative to the proposed Maurice Gibb
Memorial Park Project (Project). The terms of the Original Contract remain in force. The task
numbers are sequential to the original and amendment contract.
CONSULTING SERVICES
PART 19 -ADDITIONAL ENVIRONMENTAL COORDINATION & SERVICES:
a. Gallager Basset Technical Service (GBTS) Fees — GBTS will perform the below tasks
as outlined in their proposal enclosed with this amendment.
i. Task 1 — Unforeseen Environmental Services — This task is intended to replenish
the funds utilized under currently approved Task 16 to provide emergency
response from GBTS to address a spill in the Bay. The funds utilized were taken
from the post -construction services and match the fee amount for this task.
ii. Task 2 — Tank Closure Assessment Report
b. Gardner + Semler Landscape Architecture (GSLA) Fees — GSLA will perform the below
tasks as outlined in their proposal enclosed with this amendment.
i. Fuel Tank Removal Coordination
c. Unforeseen Conditions Coordination & Services — Coastal Systems will coordinate
with GBTS to oversee the construction and removal of contaminated materials at the
Project site as well as the documentation necessary to comply with all environmental
agencies. Coastal Systems will also work with the City of Miami -Beach and-the'Contractor
on the removal of unforeseen petroleum tanks and concrete debris discovered in the park,
as well as attend meetings with the environmental subconsultants and subcontractors
Maurice Gibb Memorial Park Scope of Services - Page 1
408
U_ -
during the removal process. Site visits will be done to document the discovery and removal
process for all unforeseen elements. Review and keep track of construction schedule to
avoid potential. construction delays. Additionally, Coastal Systems will perform weekly
topographic survey and aerial photographs of the park, utilizing a drone, to document
volumetric quantities of material removed and added to the park.
Subs: Gallagher Bassett Technical Services (Appendix A)
Gardner + Semler Landscape Architecture (Appendix B)
PART 20 - MARINE PATROL BUILDING (MPB) COORDINATION & SERVICES:
a. Gardner + Semler Landscape Architecture (GSLA) Fees — GSLA will perform the below
tasks as outlined in their proposal enclosed with this amendment.
Marine Patrol Building Coordination
ii. Electrical Service Coordination
b. Coastal Systems MPB Coordination & Services — Coastal Systems will coordinate with
GSLA to overlay the MPB design and update the approved landscape drawings. Coastal
Systems will also work with MCHarry Associates and the City of Miami Beach to overlay
the Marine Patrol Building design onto the existing park framework, updating the park
design drawings to integrate both projects. Coastal Systems will participate in meetings
and will implement design updates into the drawings.
Subs: Gardner + Semler Landscape Architecture (Appendix B)
PART 21 -ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES:
Coastal Systems will perform the following tasks related to the construction administration of the
project.
_ _Review and process -submittals and -Request for Information (RFIs).
Review and process Request for Contingency Draws (RCDs).
Review and certify Contractor's pay applications.
Maurice Gibb Memorial Park Scope of Services - Page 2
409
EXHIBIT B
Additionally, Coastal Systems will perform weekly site visits and attend bi-weekly meetings in
conjunction with the appropriate professional consultants. After each site visit, Coastal Systems
and/or Coastal Systems' sub -consultants will complete and submit to the City of Miami Beach a
field observation report (FOR). If the funds for this task are exceeded, Coastal Systems will
request approval from the City of Miami Beach to utilize funds available under Part 23 (refer to
Schedule "B"), as required, to provide construction administration services until project completion
date, January 2025, and project close out.
PART 22 - TESTING & CERTIFICATION SERVICES:
a. Ardaman & Associates Fees — Ardaman & Associates will provide testing and
certification for the installation of the seawall steel sheetpiles and concrete piles along the
seawall, lookout structure piles, and overlook pier piles. Additionally, Ardaman will perform
pile testing and certification on the wood piles in the fishing pier.
b. Subcontractor Coordination Services — Coastal Systems will coordinate with Ardaman
& Associates to schedule inspections as needed alongside with the City of Miami Beach,
and the General Contractor for all pile testing and certification required in the project.
Subs: Ardaman & Associates (Appendix C)
F:V'rojcct\3605001Proposals110241(24-01.1 i) PRO Mauricc Gibb Memorial Park - Additional 5miccs - A4-R3.dou.
Maurice Gibb Memorial Park Scope of Services - Page 3
410
EXHIBIT B
SCHEDULE"B"
SUMMARY OF COSTS FOR CONSULTING SERVICES
MAURICE GIBB MEMORIAL PARK PROJECT, MIAMI BEACH, FLORIDA
- DESCRIPTION
TYPE
FEES
Part 19. Additional Environmental Coordination & Services
19a. Gallager Basset Technical Service (GETS) Fees
Lump Sum
$23,360.00
19b. Gardner + Semler Lanscape Architecture (GSLA) Fees
Lump Sum
$875.00
19c. Urdorseen Conditions Coordination & Services
Lump Sum
$19,156.70
Subtotal:
$43,391.70
Part 20. Marine Patrol Building (MPB) Coordination & Services
20a. Gardner+ Semler Landscape Architecture (GSLA) Fees
Lump Sum
$2,875.00
20b. Coastal Systems MPB Coordination & Services
Hourly, NTE
$11,247.00
Subtotal:
$14,122.00
Part 21. Additional Construction Administration Services
Hourly, NTE
$78,637.00
Subtotal:
$78,637.00
Part 22. Testing & Certification Services
22a. Ardaman & Associates Fees
Lump Sum
$17,685.00
22b. Subcontractor Coordination Services
Lump Sum
$2,164.30
Subtotal:
$19,849.30
Part 23. Design and Construction Administration Allowance
Hourly, NTE
$100,015.50
Subtotal:
$100,015.50
SUBTOTAL:
$256,015.50
Estimated Expenses:
$1,000
GRAND -TOTAL:
$257,015.50
Maurice Gibb Memorial Park Scope of Services - Page 4
411
EXHIBIT B
Maurice Gibb Memorial Park Scope of Services - Page 5
412
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Maurice Gibb Memorial Park Scope of Services - Page 5
412
EXHIBIT B
APPENDIX A
Maurice Gibb Memorial Park Scope of Services - Page 6
413
EXHIBIT B
GALLAGHER TECHNICAL SERVICES
BASSETT
December 14, 2023
Project No. 2020-3030
Ms. Maria Fernanda Corrales, M.S., E.I.
Structural Engineer
Coastal Systems International, Inc:
464 South Dixie Highway
Coral Gables, Florida 33146
mcorrales@coastalsystemsint.com
Subject: Change Order #1- Environmental Consulting Proposal
Maurice Gibbs Memorial Park, Miami Beach, Miami -Dade County, Florida
Dear Maria:
Gallagher Bassett Technical Services (GETS) has prepared this Change Order #1 to our environmental
consulting contract.
Task 1— Unforeseen Environmental Services:
GBTS will provide additional environmental consulting as needed to respond to anticipated
unforeseen issues that may arise during the tank removals and final capping of the property.
Task 1 Budget = $3,790.00
Task 2 —Tank Closure Assessment Report:
GBTS' Professional Geologist will inspect the subject property during tank removal activities, and
maintain communication with the tank contractor and the General Contractor to document the
removal of the tanks in accordance with Chapter 62-761, Florida Administrative Code (F.A.C.).
GBTS will maintain communication with the Coastal Systems and the City of Miami throughout
the process to provide status updates and respond to questions or concerns.
GBTS will mobilize a field geologist to document the removal of the underground storage tanks
(USTs) found on the south side, north side and west side of the subject property, and the
hydraulic cylinder in the central portion of the subject property. The geologist will field -screen
the soils from the excavation walls with an organic vapor analyzer (OVA) equipped with a photo -
ionization detector (PID).
• GBTS will collect one confirmation soil sample from three (3) of the four (4) of the former UST -
excavation areas. The three (3) soil samples will be analyzed--for-VOCs; "PAHs—TRPHs; and total
lead. Note — a confirmation soil sample is not needed in the southern UST excavation area as
this area was already under enforcement within the Brownfields Agreement.
414
Coastal Systems International, Inc.
December 14, 2023
Page 2
• GBTS will mobilize a drilling contractor to install one monitoring well in three (3) of the four (4)
of the former UST -excavation areas, which will be sampled for VOCs, PAHs, TRPHs, and total
lead. Note — a well is not needed in the southern UST excavation area as this area was already
under enforcement within the Brownfields Agreement.
• GBTS will prepare a Tank Closure Assessment Report (TCAR), summarizing the tank removal, and
sampling methodology & findings. The report will be signed/sealed by a Florida -licensed
Professional Geologist. A draft will be provided to client for review prior to finalizing.
• All work can be completed and reported within 30 business days (and dependent upon the
General Contractor's schedule to permit and remove the UST).
Task 2 Budget = $19,570.00
FEE SUMMARY
GBTS will completed the Change Order tasks for a total budget of $23,360.00.
Please do not hesitate to contact us if you have any questions concerning this proposal.
Sincerely,
Craig C. Clevenger, P.G.
Managing Director, Environmental Services
Gallagher Bassett Technical Services
Attached: Terms & Conditions
415
n
COST AND FEE SCHEDULE
Change Order #1
Maurice Gibb Park
Miami Beach, FL
oon icer un -jann7-anon
EXHIBIT B
Copy or Foe Eelimato - Change Omer 1
Subtotal
Task 1
Task 2
Staff Classiflcatlon/Ex erise Item
Rate $
Unit
Unforeseen Task
TCAR
S
LABOR:
Professional Geologist - Principal
Staff Geologist
$175.00
$90.00
Hour
Hour
10
8
40
40
$8,750.00
$4,320.00
CADD Draftsperson
$65.00
Hour
2
8
$650.00
Clerical
$45.00
Hour
2
4
$270.00
Subtotal -Labor Billing:
$2,690
$11.300_
$13,990.00
EXPENSES
Quantity
Rate
Unit
Laboratory Testing
Laboratory: Soil and Gro undwaterSamples -VOC/PAHITPH/Pb
2
6
$450
$420
Each
Each
$900
$0
$0
$2.520
$900.00
$2,520.00
Driller to install monitoring well
3
$1,500
well
$0
$4,500
$4,500.00
Organic Vapor Analyzer
Soil & Groundwater Sampling Equipment
Truck Rental - Geologist
3
4
4
$150
$100
$100
Day
Day
Da
$0
$100
$100
$450
$400
$400
$450.00
$500.00
$500.00
Subtotal Expenses
$1,100
$8,270
$9,370.00
Total Pro'ect Par Task:
$3,790
$19,570
Change Order Total =
$23,360
Copy or Foe Eelimato - Change Omer 1
EXHIBIT B
APPENDIX B
Maurice Gibb Memorial Park Scope of Services - Page 10
417
.� GARDNER a SEMLER
Y$'•`t 1 .E =`.
LAN DSCAPE ARCHITECTURE
■ WWW.GSLADESIGN.COM
019M . G N'
17670 NW 781h AVE.. SUITE 214
.•.c~ I MIAMI, F l 33015
P305.392.1016 F305.392,1019
CORP. IDs0000266
February 1, 2024 February 2, 2024
February 14, 2024
Maria Fernando Corrales
Coastal Systems Intemational
464 South Dixie Highway
Coral Gables, Florida 33146
RE: Maurice Gibb Park - Additional Services II
Dear Maria,
EXHIBIT B
We appreciate being invited to participate in the design of your project located at 18 I Street & Purdy Avenue in
Miami Beach, FL.
I. SCOPE OF SERVICES
GSLA Design shall provide the following landscape architectural services for your project:
1) The purpose for this additional services contract is to incorporate the changes necessary to coordinate with
the new marina building, incorporate new electrical service at the northeast corner, accommodate the
removal of the fuel tank, and adjustment in the layout of the seawall. Note, these additional services are not
for time spent in normal Construction Administration activities.
2) GSLA will update the previously prepared Contract Documents:
a. Existing Tree Disposition Plan showing existing trees and denoting if they are to remain, be removed
or relocated. GSLA does not provide Arborist's services but will coordinate the Existing Tree
Disposition Plans with the Arborist's report. GSLA will calculate the necessary mitigation and
incorporate as much of that mitigation in the proposed planting plan as feasible. GSLA does not get
permits but will provide the necessary plans and details to get the permits.
b. Planting Plan sufficient in detail for bidding and installation by qualified contractors.
c. Irrigation Plan sufficient in detail for bidding and installation by qualified contractors.
3) GSLA will attend up to two (2) meetings during the design phase. Attendance at additional meetings will be
billed hourly, recorded portal to portal.
4) GSLA will prepare plans on a base Site Plan provided by Coastal Systems International. Any changes to
GSLA plans required by changes to the Site Plan shall be billed hourly. Any changes to GSLA plans required
as a result of comments concerning our design by Review Boards or government staff shall be made at no
additional cost.
5) Construction Administration is not included in this proposal.
II. CLIENTS RESPONSIBILITIES
The Client shall provide any required site surveys, as -built drawings, soil tests, as well as architectural and
engineering services as required.
GSLA will prepare any documents necessary to receive permits pertaining to GSLA's scope of work. GSLA will not
be responsible to submit the plans through the governing agencies.
Maurice Gibb Park - Additional Services 11
M-]
page 1 of 3
III. FEES
GA RONER t SEMLER
LANOSCA/E ARCNITE CTURE
WWW.GSLADESION.COM
17670 NW 78th AVE , SUITE 214
M I A M I, F L 3 3 0 1 5
P 305 392.1016 F 305.392.1019
CORP. 10 0 00002 66
1) The fee shall be $ 3,750 payable as follows:
EXHIBIT B
For Marine Patrol Building coordination - $2,000
$ 2,000 - upon submission of revised 100% Construction Document drawings based on:
• Principal Landscape Architect — 4 hours ($250/hour) = $1,000
• Landscape Architect — 8 hours ($125/hour) = $1,000
For Electrical Service coordination - $875
$ 875 - upon submission of revised 100% Construction Document drawings based on:
• Principal Landscape Architect — 1 hour ($250/hour) = $250
• Landscape Architect — 3 hours ($125/hour) = $375
Landscape Designer — 2 hours ($125/hour) = $250
For Fuel Tank Removal coordination - $875
$ 875 - upon submission of revised 100% Construction Document drawings based on:
Principal Landscape Architect — 1 hour ($250/hour) = $250
• Landscape Architect — 5 hours ($125/hour) = $625
$ N/A - for Contract Administration
2) Hourly rates are as follows (time recorded portal to portal):
$250/hr for Principal Landscape Architect
$200/hr for Project Manager
$125/hr for Landscape Designer
$ 75/hr for Staff
3) Reimbursable expenses shall be billed at actual cost for plan -reproduction, courier fees, postage and handling
and any out-of-town traveling expenses connected with the project. Prints created in-house by GSLA for
submittal will be charged at $ .10 each for 11x17 sheets, $2.00 each for D size sheets (24"x36") and $ 2.50
each for E size sheets (30"x42"). In-house coordination prints shall not be submitted for reimbursement.
4) ALL ACCOUNTS ARE DUE AND PAYABLE IN FULL UPON SUBMISSION OF INVOICE TO CLIENT.
5) A Late Payment Charge of 1.5% per month will be added to all invoices past due.
6) If it becomes necessary incur collection fees and/or employ the services of an attorney to collect debt, then such
- --fees shall be paid by -the client:
IV. ADDITIONAL SERVICES
1) Any revisions to our drawings, specifications or other documents required as a result of changes to base plans or
other information or instructions provided to GSLA from the Client or his Architect or Engineer, shall be billed on
Maurice Gibb Park - Additional Services 11 419 page 2 of 3
GA RD NER f S E M L E R
LAN DSCAPEARCNITECTURE
WWW.GSLADESIGN.COM
17670 NW 781h AVE . SUITE 214
M I A M I, F L 3 3 0 1 5
P 305.392.1016 F 305.392.1019
C O R P. I D 0 0 0 0 0 2 6 6
EXHIBIT B
an hourly basis at our current hourly rates. Any additional services requested by the Client shall also be billed
on an hourly basis.
2) When GSLA is contracted to prepare plans for the layout and design of roof top hardscape amenities, plantings
and irrigation, the Client shall provide the services of a structural engineer. GSLA shall rely upon the advice of
the engineer for information as to the roof structure's weight bearing capacity, roof drainage, waterproofing
systems, etc. GSLA shall not be responsible for the preparation of structural, mechanical or electrical
construction plans for the roof top areas. GSLA is not responsible for any construction operations during
installation of elements designed by GSLA that damage the structure, waterproofing or clog drains.
3) When GSLA is contracted to prepare plans for projects that are attempting to achieve LEED credentialing, GSLA
will make calculations, specify qualifying materials and make recommendations necessary to apply for any points
relating to GSLA's disciplines. GSLA makes no guarantee that these points will be granted.
V. TERMINATION
This agreement may be terminated by either party upon seven (7) days written notice. In the event of termination,
GSLA shall be paid its compensation for service performed to the termination date including reimbursable expenses
then due. The client may not, at any time, use or allow the use of any work which is either incomplete in any
respect, or is not fully paid for, even if complete.
The persons executing this agreement warrant and represent that they are authorized to enter into this Agreement on
behalf of the person or entity for whom they are signing.
We look forward to being of service to you.
This agreement is executed this day of
GSLA DESIGN
0
ner
2024.
For the Firm
Client:
(Individually and as a Corporate Representative): Signature
Name & Title Printed
Maurice Gibb Park - Additional Services 11 420 page 3 of 3
WAMII:112:a
APPENDIX C
Maurice Gibb Memorial Park Scope of Services - Page 14
421
/'1t Mt.1111K/t V.I TJJV VIN\VV, IItV•
_ 2608 W. 841" St, Hialeah, FI. 33016
Phone: 305-825-2683 EXHIBIT B
Geotechnical, Environmental and
Materials Consultants
vir. Julio Olano
'.oastal Systems International
164 South Dixie Highway
,oral Gables, Fl. 33146
aolano@coastalsystemsint.com
December 15, 2023
Proposal No: 23-0296
AAI File No. 17-2597
PROPOSAL FOR PILE INSTALLATION MONITORING
MAUTICE GIBB PARK
1700 PURDY AVENUE
MIAMI BEACH, FL.
)ear Mr. Olano:
Ne are most pleased to offer our inspection and testing services for the above referenced project. Ardaman 8
kssociates, Inc. has assisted the construction industry for more than 50 years and we pride ourselves on fact
luality, and dependable service to help you complete your projects on time and within budget.
rhe Miami Branch laboratory facilities have been fully certified by the Construction Materials Engineerinc
;ouncil (CMEC), complying with ASTM standards for testing of construction materials.
please see the fee schedule below for pricing on the driven and sheet pile installation observations and grou
sampling_ during pile installation.The amnt ouof testing may vary. You will only be billed for the actua
NorkTperformed, at the unit pricing_listed below; The totals provided are estimated totals only:
'lease feel free to contact us when we can be of service to you, or if you have any questions concerning ou
esting services. We look forward to assisting you on your project.
kRDAMAN & ASSOCIATES, INC.
=velio Horta, Ph.D P.E.
/ice President
422
Maurice Gibb Park EXHIBIT B
1700 Purdy Avenue
Miami Beach, FI.
Driven and Sheet Pile Installation
Ne understand that the pile installation will consist of 29 driven piles, 84 sheet piles and 34 wood piles. Our field
echnician will observe each pile through the entire installation process. At the completion of the field work, the data will
)e reviewed by our engineers. The pile capacities will be re-evaluated and a report will be sent to you. The report will
nclude the field data and our estimated capacity for each pile. The piles installation observations will be billed at the
ollowing rates:
technician (includes 1 hour a day travel time)
9 hours a day x $55/hr x 26 days $12,870.00
ngineering
Senior Project Engineer 5 hours x $135
$675.00
Staff Engineer 16 hours x $100
$1,600.00
Principal Engineer 2 hours x $220
$440.00
Final Pile Reports
$1,500.00
Abration Monitoring
Seismograph (equipment) $150.00/day
4 days x $150 .$600.00
-Estimated total, Pile Installation $17,685.00
Technician time above the defined hours will be charged at $73.00 an hour.
The. total hours will depend on the actual time required by the contractor to install the piles
'lease feel free to contact us when we can be of service to you, or if you have any questions concerning ou
esting services. We look forward to assisting you on your project.
kRDAMAN & ASSOCIATES, INC.
=velio Horta Jr. MSCE P.E.
Senior Project Engineer
423
EXHIBIT B
•-'I' Ardaeman
PROPOSAUPROJECT ACCEPTANCE AND AGREEMENT
PROJECT INFORMATION:
IROPOSAUPROJECT ACCEPTANCE AND AGREEMENT
3ROJECT INFORMATION:
project Name Maurice Gibby Park
3roject Location 1700 Purdy Ave, Miami Beach, FI. Miami Dade County
3roposal Number and Date 23-0296December 15, 2023
)escription of Services pile installation observations
stimated Fee Piles $17,685.00 **ESTIMATED** This is NOT a " not to exceed" or "lump sum"
3ROPERTY OWNER IDENTIFICATION:
flame
11roperty Identification Number,
kddress
:ity/State Zip Code Phone,
kttention Title
SPECIAL INSTRUCTIONS:
.3AYMENT TERMS:
'ayment shall be due within 30 days after date of each periodic invoice. Interest at the rate of 18% per annum (or the highest rate
dlowable by law) shall accrue on all amounts not paid within 30 days after date of invoice. All attorney fees and expenses
associated with collection of past due invoices will be paid by Client. Failure to timely pay any invoice shall constitute a waiver of
my and all claims arising from or related to Ardaman & Associates, Inc.'s services, including but not limited to the services
iescribed in this Proposal.
3ROPOSAL ACCEPTANCE:
3y accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Ardaman &
lssociates, Inc.'s General Conditions appearing on the following page of this Proposal, are incorporated herein by reference. In
he event this Proposal Acceptance was received by facsimile, Client hereby confirms that the above described Proposal, the
"erms and Conditions of this Proposal, including the Terms on this page, and Ardaman & Associates, Inc.'s General Conditions
lave been made available and. are incorporated in this agreement.
kccepted this day of 2023
Print or type individual, firm or corporate body name)- - -
Signature of authorized representative)
Print or type name of authorized representative and title)
424
Revision 2017 — FL
GENERAL CONDITIONS ��[� ��RIT
'artles And Scope Of Work —A&A shall include said company and any subsidiary or affiliate performing the Work. "Work" means the specifiC�ei'bi6Pl 6e�erformed by A&
s set forth in A&A's proposal as well as any additional services requested or accepted by Client. "Client' refers to the person or business entity ordering the Work to be done b
►&A. If the Client is ordering the Work on behalf of a third party or intends to provide A&A's Work to induce a third party's reliance, Client shall disclose the identity of such thir
arty to A&A in writing before the commencement of A&A's Work hereunder. In the event Client fails to disclose the identity of such third party prior to commencement of A&A'
Vork, A&A will owe no legal duty to such third party unless the third party negotiates and obtains a written reliance letter from A&A. Client agrees that A&A's professional dutie
re specifically limited to the Work as set forth in A&A's proposal. The Client assumes sole responsibility for determining whether the quantity and the nature of the Work ordere
y the Client is adequate and sufficient for the Client's intended purpose. A&A's Work is for the exclusive use of Client. In no event shall A&A owe any legal duty to any thir
arty (including, but not limited to, assignees, successors in interest and subsequent purchasers) unless those third parties are disclosed by Client in accordance with this paragrap
nd those third parties accept these General Conditions.
M -Call Services — In the event A&A is retained to perform construction materials testing ("CMT"), including but not limited to proctor and soil density tests, concrete tests, etc., o
n On -Call basis such that A&A is not retained to perform continuous observations of construction, Client assumes sole responsibility for determining the type, location an
requency of sampling and testing. In such On -Call testing, A&A's test results are only representative of conditions at the test location and elevation, and different conditions ma
xist at other locations and other elevations. Furthermore, in the event Client fails to properly determine the location or frequency of sampling and testing, under no circumstance
fill A&A assume that duty by performing its CMT services.
tight -0f --Entry — Unless otherwise agreed, Client will furnish right -of -entry on the property for A&A to make the planned borings, surveys, and/or explorations. A&A will tak
-asonable precautions to minimize damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may result from th
lanned operations is not included in the contracted amount.
lamage to EAsting Man-made Objects — It shall be the responsibility of the Client to disclose the presence and accurate location of all hidden or obscure man-made object
elative to field tests, sampling, or boring locations. Client waives any claim against A&A and A&A's subcontractors arising from any damage to existing man-made objects. I
eldition, Client shall defend, indemnify, and hold A&A and A&A's subcontractors harmless from any third party claim arising from damage to existing man-made objects. Client'
bligation to indemnify for such third -party claims is limited to $1,000,000 per occurrence which the parties agree bears a reasonable relationship to this Agreement.
.imitation of Liability - A&A shall perform services for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standard
T competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this obligation and A&A is promptl
otified in writing prior to one year after completion of such portion of the services, A&A will re -perform such portion of the services, or if re -performance is impracticable, A&.
fill refund the amount of compensation paid to A&A for such portion of the services. In no event shall A&A be liable for any special, indirect, incidental, or consequential damage:
lie remedies set forth herein are exclusive and the total liability of A&A whether in contract, tort (including negligence whether sole or concurrent), or otherwise arising out o
onnected with or resulting from any and all services provided by A&A, including but not limited to ,the Work, shall not exceed the total fees paid by Client or $50,000-00, whichevc
i less.
'URSUANT TO §558.0035, FLORIDA STATUTES, A&A'S INDIVIDUAL EMPLOYEES AND/OF
kGENTS MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF
:ONNECTED WITH, OR RESULTING FROM THEIR SERVICES PROVIDED PURSUANT TO THI:
kGREEMENT.
sampling or Testing Location — Unless specifically stated to the contrary, the unit fees included in this proposal do not include costs associated with professional land surveying t
ie site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches are based on specific infornatio
umished to us by others or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated i
:re report.
ample Handling and Retention — Generally test samples or specimens are consumed and/or substantially altered during the conduct of tests and A&A, at its sole discretion, wi
ispose (subject to the following) of any remaining residue immediately upon completion of test unless required in writing by the Client to store or otherwise handle the samples. (r
TON HAZARDOUS SAMPLES: At Client's written request, A&A will maintain preservable test samples and specimens or the residue therefrom for thirty (30) days afte
ubmission of A&A's report to Client free of storage charges. After the initial 30 days and upon written request, A&A will retain test specimens or samples for a mutuall
cceptable storage charge and period of time. (b) HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain substances or constituent
azardous or detrimental to human health, safety or the environment as defined by federal, state or local statutes, regulations, or ordinances ("Hazardous Substances" and "Hazarelou
,onstituents", respectively), A&A will, after completion of testing and at Client's expense: (i) return such samples to Client; (ii) using a manifest signed by Client as generator, wi
ave such samples transported to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of such sample:
.lient recognizes and agrees that A&A is acting as a bailee and at no time does A&A assume title of said waste.
)iscovery of Differing Site Conditions or Unanticipated Hazardous Materials — Differing site conditions or certain types of hazardous materials (unanticipated materials) ma
xist at a site where there is no reason to believe they could or should be present. A&A and Client agree that the discovery of unanticipated materials constitutes a changed conditio
iandating a renegotiation of the scope of work or termination of services. A&A and Client also agree that the discovery of unanticipated materials may make it necessary for A&
i take immediate measures to protect health and safety- A&A agrees to notify Client as soon as practicable should unanticipated materials be encountered. Client encourages A&.
:) Make any and all measures that, in A&A's professional opinion, are justified to preserve and protect the health and safety of A&A's personnel and the public. Client agrees t
ompensate A&A for the additional cost of working to protect employees' and the public's health and safety. In addition, Client waives any claim against A&A arising from A&A'
iscovery of unanticipated materials.
ndemnification — Client agrees to defend, indemnify, and save harmless A&A from all claims, including negligence claims, suits, losses, personal injuries, death and propert
iability resulting from the actions or inactions of Client, Client's contractors, representatives, agents and employees.
assignment — Client hereby agrees that this Agreement shall not be assignable by Client without A&A's written consent.
.egal Jurisdiction — The parties agree that any litigation shall be governed by the laws of the State of Florida and only be brought in a court of competent jurisdiction located i
Mando, Orange County, Florida. All causes of action, including but not limited to actions for indemnification and contribution, arising out of A&A's Work shall be deemed to hav
ccmed and the applicable statutes of limitation, which are unaltered by this provision, shall commence to run not later than the date of issuance of A&A's final invoice for the Worl
!ach of the parties hereto irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement.
.ompliance With Laws - A&A shall perform its services consistent with the applicable standard of care and endeavor to incorporate laws, regulations, codes, applicable at the tim
ie work i"s performed. In -the event-tharstandards of -practice change -during -the Project, A&A shall beentitled to -additional compensation where additional services are needed t
T.
onform to the standard of practice. Both A&A and the Client shall abide by all local, state, and federal regulations and laws, the U.S. Foreign Corrnpi Practices Act, UK Bnbbry A(
nd other laws as may apply.Termination - A&A may terminate this Agreement with cause for non-payment of invoices upon fourteen (14) days written notice -
Force Majeure - A&A shall not be held responsible for any delay or failure in performance caused by fire, flood, explosion, war, strike, embargo, government requirement, civil c
lilitary authority, acts of God, pandemic, epidemic, government shutdowns, act or omission of subcontractors, cattier, clients, or other similar causes beyond its control.
)rafting and Severability — This Agreement has been drafted by all Parties hereto and shall not be construed against one Party or in favor of any other Party. In the event that an
envision of this Agreement is held invalid, the remainder of this Agreement shall be fully enforceable- 6/22/2_
425