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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 https:/imiamibeach.novusagenda.com/AgendaWeb/CoverSheeLaspx?ltemlD=35090 3/3 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� M a u'ri ceFt :b. c'`a Av�Y � , sf r �r *.� w/ 7 Y W r � •'its. v •rte - ^� s jr 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 nn4mmo �n�c urn mn mn a0no ism nnNmo i�mimid Nnm�mi IIIo01Nl11 �IIIIIIII��1 nNmn i IIIIINIIIII mmpnai �Illlll�mll , sig irons 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