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R7F-Execute Amendment 5 To Agmt w- Zaha Hadid Collins Park Parking Garage ProjecCOMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And City Clerk To Execute Amendment No. 5 To The Professional Architectural And Engineering (fuE) Services Agreement With The Joint Venture Of Zaha Hadid Limited f lA Zaha Hadid Architects And Berenblum Busch Architecture, lnc. Dated May 3, 2012, For The Collins Park Parking Garage Project (Collins Park Place), For The Additional Professional Services Required To Redesign The Ground Floor Of The Building To Base Flood Elevation (BFE) With Provisions To Have All Critical Systems Elevated Up To 20 Feet Or As High As Reasonably Possible, And Building Slabs Designed To Accommodate A Future lncrease ln Ground Floor Elevation; And For The Provision Of A Contamination Assessment Plan (CAP), Site Assessment (SA) And Site Assessment Report (SAR) ForThe Project Site To Address The Site Contamination ldentified ln The Phase ll Environmental Site Assessment Report Key lntended Outcome Build and maintain oriodtv infrastructure with full accountabilitv. Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over 81% of residents rated recently completed capital improvement projects as "excellent" or "good". Recently completed capital improvement projects (81Yo\, storm drainage (37%\, and condition of roads A4o/o\. |onMarch21,2012,theCityCommissionadoptedResolutionNo.2O12-27869,appr@ I Agreement between the City and a joint venture of Zaha Hadid Limited Ua Zaha Hadid Architects and Berenblum I Busch Architecture, lnc. (the Consultant) for the Planning, Architectural, Engineering, Design, Bid and Award, And I Construction Administration Services for the Collins Park Place Project. The Agreement was executed in the I amount of $2,951,823. There have been four previous Amendments approved for a total of $295,466. On December 11,2014, CIP met with the Miami-Dade County Public Works Department (County) to discuss the encroachment of the proposed elevated walkway of the garage building retail areas onto the County's right-of-way (ROW), as a result of having to design the building's ground floor at elevation of BFE+3 feet. The County rejected the plans as designed and did not allow for the encroachment on their right-of-way. On January 26, 2015 City Administrators met with the County in an attempt to negotiate a viable solution to the encroachment, but the County upheld its previous decision not to allow their right-of-way to be impacted. On January 27,2015, Administration and CIP presented to the Mayor's Blue Ribbon Panel on Flooding & Sea Rise with the conclusion of said meeting with the County Officials and the panel recommended to re-design the building to BFE with the condition that all critical equipment be designed to an elevation of 20 feet, or as high as reasonably possible and the structural provision to allow the building ground floor to be elevated in the future. On the same day, the City Commission upheld and approved the Mayor's Blue Ribbon Panel on Flooding and Sea Rise recommendation. As a result, several disciplines including architecture, civil engineering, landscape architecture, and structural engineering design will be impacted. The total negotiated fee requested for this additional effort is $250 870. Furthermore, additional environmental services aie required to address the site contamination identified on the Phase ll Environmental Site Assessment Report dated February 19,2014. These efforts will include the installation of additional monitoring wells and borings to obtain samples for laboratory analysis, and submit the results to RER and FDEP for their review and evaluation to determine if additional measures are required for final clean up and closure. The cost for this additional scope for professional services is $43,479. Therefore, the total amount for the redesign of the project and the additional environmental services under Amendment No. 5 is $294,349. The Administration believes to be a fair and reasonable cost given the level of effort required THE ADMINISTRATION RECOMMENDS APPROVAL OF THIS RESOLUTION. Advisorv Board Recommendalion : Source of Funds:Fund 365 - City Center RDA 365-2801-061357 Financial lmpact Summary: David P.E., LEED AP ext. 6972 Financial lnformation : Glerk's Office Park Place - ZHA and BBA AGENDA tV" 3l F DArE t_lFirMIAMIBEACH524 r --. -4.I-,/-' r,-t/- CAPITAL IMPROVEMENT PROJECTS OFFICE MMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager the City DATE: March 11,2015 SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 5 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A/E) SERVICES AGREEMENT WITH THE JOINT VENTURE OF ZAHA HADID LIMITED T/A ZAHA HADID ARCHITECTS AND BERENBLUM BUSCH ARCHITECTURE, INC. DATED MAY 3, 2012, FOR THE COLLINS PARK PARKING GARAGE PROJECT (coLLlNS PARK PLACE), FOR THE ADDTTTONAL PROFESSIONAL SERVTCES REQUIRED TO REDESIGN THE GROUND FLOOR OF THE BUILDING TO BASE FLOOD ELEVATTON (BFE) WITH PROVTSTONS TO HAVE ALL CRIT|CAL SYSTEMS ELEVATED UP TO 20 FEET OR AS HIGH AS REASONABLY POSSIBLE, AND BUILDING SLABS DESIGNED TO ACCOMMODATE A FUTURE INGREASE IN GROUND FLOOR ELEVATION, IN KEEPING WITH THE CITY OF MIAMI BEACH FLOOD MITIGATION EFFORTS AS !T RELATES TO SEA LEVEL RISE, !N THE LUMP SUM AMOUNT OF $250,870; AND FOR THE PROVISION OF A CONTAMINATION ASSESSMENT PLAN (CAP), SITE ASSESSMENT (SA) AND SITE ASSESSMENT REPORT (SAR) FOR THE PROJECT S|TE rN ACCORDANCE WITH ENVTRONMENTAL REQUIREMENTS BY MIAM!.DADE COUNTY REGULATORY AND ECONOMIC RESOURCES (RER) AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) TO ADDRESS THE SITE CONTAMTNATTON !DENTIFtED rN THE PHASE II ENVIRONMENTAL SITE ASSESSMENT REPORT, IN THE NEGOTIATED LUMP SUM AMOUNT OF $43,479; FOR A TOTAL COST OF $294,349 WITH PREVIOUSLY APPROPRIATED FUN D!NG. ADMINISTRATION RECOMMEN DATION Adopt the Resolution. KEY INTENDED OUTCOME Build and maintain priority infrastructure with full accountability. FUNDING Previously appropriated funds for this project will be allocated as follows: $294,349 Fund 365 - City Center RDA 365-2801 -061 357 525 Commission Memorandum - Collins Park Place -ZHA and BBA Amendment No. 5 March 11,2015 Page 2 of 3 BACKGROUND On March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a ProfessionalServices Agreement between the Cityand a jointventure of Zaha Hadid Limited tlaZaha Hadid Architects and Berenblum Busch Architecture, lnc. (the Consultant) for the Planning, Architectural, Engineering, Design, Bid and Award, And Construction Administration Services for the Collins Park Place Pro1ect. The Agreement was executed in the amount of $2,951,823. On September 30, 2013, Amendment No. 1 was executed in the amount of $8,935, forthe provision of additional surveying services, and extended representation during the July City Commission Meeting. On December 9, 2013, Amendment No. 2 was executed in the amount of $12,1 14,for the provision of a Phase ll Environmental Site Assessment, forthe investigation of recognized environmental conditions (RECs) identified on the Phase I Environmental Site Assessment report. On May 28, 2014, Amendment No. 3 was executed in the amount of $24,969, for the provision of design studies and a rough order of magnitude cost estimate related to raising the proposed ground floor elevation two (2) and three (3) feet above Base Flood Elevation. On June 20,2014, Amendment No. 4 was executed per Resolution 201 4-28615 adopted on June 1 1 , 2014, in the amount of $249,448, for construction documents revisions associated with raising the proposed finish floor elevation to Base Flood plus three (3) feet; for the design, permitting and construction administration services of certain right-of-way improvements required by Miami-Dade County Public Works (County); and for the design, permitting and construction administration for the replacement sanitary sewer line (and associated structures if required) along Liberty Avenue, requested by the City's Public Works Department. ANALYSIS On November 28,2014the office of Capital lmprovement Projects (ClP) received 60% Construction Documents for the Collins Park Place Parking Garage. On December 1 1 ,2014, as part of the review process, CIP met with the County to discuss the encroachment of the proposed elevated walkway of the garage building retail areas onto the County's right-of-way (ROW), as a result of having to design the building's ground floor at the higher elevation of Base Flood Elevation plus three (3) feet, as requested by the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and approved by City Commission Resolution2014-28615 adopted on June 11,2014. The County rejected the plans as designed and did not allow for the elevated pedestrian walkway to encroach on the right-of-way. After a number of additional studies by the design Consultant, it became clear that in order to keep the County's sidewalk untouched, the retailspace would be significantly reduced and the elevated (upper) walkway along the retail area will create a narrow and un-inviting path for pedestrian traffic and prospective shoppers. On January 26,2015, following the direction of the Mayor's Blue Ribbon Panel on Flooding and Sea Rise, City Administrators met with the County in an attempt to negotiate a viable solution to the encroachment. At said meeting, the County upheld its previous decision not to allow their right-of-way to be impacted by the construction of the elevated walkway onto a portion of their sidewalk. On January 27,2015, Administration and CIP presented to the Mayor's Blue Ribbon Panelon Flooding & Sea Rise with the conclusion of said meeting with the County Officials and the panel recommended to re-design the building to Base Flood Elevation (BFE) with the condition that all critical equipment be designed to an elevation of 20 feet, or as high as reasonably possible and the structural provision to We ore commilted tc providing excellent public service and sofety to oll ,tho live, work, ond ploy in our vibronf, tropicol, historic community'. 526 Commission Memorandum - Collins Park Place - ZHA and BBA Amendment No. 5 March 11,2015 Page 3 of 3 allow the building ground floor to be elevated in the future. On the same day, the City Commission upheld and approved the Mayor's Blue Ribbon Panel on Flooding and Sea Rise recommendation. As a result of the mandated redesign, the scope of work includes adapting the geometry to meet existing sidewalk, adapt, redesign and detail the ground floor storefront including an addition of a knee wall, adapt and implement changes to back-of-house area, all garage stairs, elevatorcores, site ramps, site grading and landscape design. The structure will have to be redesigned to account for the revisions, including the ground floor slab, columns, shearwalls and foundations. The revisions impact several disciplines including architecture, civil engineering, landscape architecture and structural engineering. The total negotiated fee requested by the design team (Zaha Hadid Limited tla Zaha Hadid Architects and Berenblum Busch Architecture, lnc.) for this redesign of the documents is $250,870. Furthermore, additionalenvironmentalservices are required to address the site contamination identified on the Phase ll Environmental Site Assessment Report dated February 19, 2014. Once a contamination is found, further assessment is necessary to address the limits and extent of such contamination and ultimately develop a Contamination Assessment Plan (CAP), in full accordance with requirements by the Miami-Dade County Regulatory and Economic Resources Department (RER) and the Florida Department of Environmental Protection (FDEP). These efforts will include the installation of additional monitoring wells and borings to obtain samples for laboratory analysis, and submit the results to RER and FDEP for their review and evaluation to determine if additional measures are required for final clean up and closure. The cost for this additional scope for professional services is $43,479. The total amount to be approved for the redesign of the project and the additional environmental services under Amendment No. 5 is $294,349 (See Attachment A). The Administration believes the cost to be fair and reasonable given the level of effort required. It is also worth mentioning that due to this redesign of the project, an additional constructability review of the revised 60% construction documents will be required by the Construction Manager at Risk, Facchina Construction of Florida, LLC. However, Facchina Construction of Florida has advised CIP that there would be no additional charges to the City by Facchina for this additional effort. CONCLUS!ON The Administration recommends approval of the attached Resolution. Attachment A - Amendment No. 5 JLM/MT/DM We ore ccmmitled to providing excellent public sen,ice and sofety to oll who li're, work, ond ploy in ourvibronf, tropicol, htstoric cammuntfy 527 Attachment A AMENDMENT NO.5 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A/E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND A JOINT VENTURE OF ZAHA HADID LIMITED TIAZAHA HADID ARCHITECTS AND BERENBLUM BUSCH ARCHITECTURE, INC. DATED MAY3RD, 2012, FOR THE PROVISION OF ADDITIONAL PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE GOLLINS PARK GARAGE PROJECT IN THE AMOUNT OF $294,349 This Amendment No. 5 to the Agreement made and entered this _day of ,2015, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and a JointVenture of Zaha Hadid Limited UaZaha Hadid Architects, a company certified bythe Registrarof Companies for England and Wales, having its principal office at 10 Bowling Green Lane, London, ECI R OBQ, United Kingdom (hereinafter referred to as the "Prime Architect"); and Berenblum Busch Architecture, lnc., a Florida corporation, having its principal office at22OO NW 2nd Avenue, Suite 203, Miami, Florida, 33127 (hereinafter referred to as the "Executive Architect"). RECITALS WHEREAS, pursuant to Request for Qualifications (RFO) No. 31-10/1 1 , the Mayor and City Commission adopted Resolution No.2012-27869 on March 21,2012, approving a Professional Services Agreement (the Agreement) between the City and a joint venture of Zaha Hadid Limited UaZaha Hadid Architects and Berenblum Busch Architecture, lnc. forthe Planning, Architectural, Engineering, Design, Bid and Award, And Construction Administration Services for the Collins Park Garage Project; and WHEREAS, the Agreement was executed for a not-to-exceed amount of $2,951 ,823; and WHEREAS, Amendment No.1 to the Agreement, for the provision of additional surveying services and extended representation during July City Commission meetings, was executed on September 30,2013, in the amount of $8,935; and WHEREAS, Amendment No. 2 to the Agreement, for the provision of a Phase ll Environmental Site Assessment, for the investigation of recognized environmental conditions (RECs) identified on the Phase I Environmental Site Assessment report, was executed on December 9, 2013, in the amount of $12,1 14; and WHEREAS, Amendment No. 3 to the Agreement, forthe provision of design studies and a rough order of magnitude cost estimate related to raising the proposed ground floor elevation between two (2) and four (4) feet (Base Flood Elevation plus 2 or 3 feet), was executed on May 28, 2014, in the amount of $24,969; and WHEREAS, on June 11,2014, pursuantto Resolution No.201 4-28615,the Mayorand City Commission approved Amendment No. 4 to the Agreement, in the amount of $249,448, for construction documents revisions associated with raising the proposed finish floor elevation to Page 1 of 4 Collins Park Garage - Amendment No. 5 528 Base Flood plus three (3) feet; for the design, permitting and construction administration services of certain right-of-way improvements required by Miami-Dade County Public Works Traffic Division; and for the design, permitting and construction administration for the replacement of a sanitary sewer line (and associated structures if required) along Liberty Avenue, requested by the City's Public Works Department; and WHEREAS, the following Amendment No. 5 to the Agreement is for the additional professional services required to redesign the ground floor of the building to Base Flood Elevation with provisions to have all critical systems elevated up to 20 feet or as high as reasonably possible, and building slabs designed to accommodate a future increase in ground floorelevation, in keeping with the City of Miami Beach flood mitigation efforts as it relates to sea level rise, in the Lump Sum amount of $250,870; and for the provision of a contamination assessment plan (CAP), site assessment (SA) and site assessment report (SAR) for the project site in accordance with environmental requirements by Miami-Dade County Regulatory and Economic Resources (RER) and the Florida Department of Environmental Protection (FDEP) to address the site contamination identified on the Phase ll Site Assessment Report, in the negotiated fixed amount of $43,479; for a total cost of $294,349 with previously appropriated funding; and WHEREAS, the new total amount of the agreement is $3,541,638; and Page 2 of 4 Collins Park Garage - Amendment No. 5 529 NOW. THEREFORE. the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1, ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No.5. 2. MODIFICATIONS The Agreement is amended as defined in Schedule "A-5", attached herein. 3. OTHER PROVISIONS. All other provisions of the Agreement, as amended, are unchanged. 4, RATIFICATION. The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 5. lN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST:CITY OF MIAMI BEACH Rafael Granado City Clerk ATTEST: Signature / Secretary: Print Name ATTEST: Signature / Secretary: Print Name Page 3 of 4 Collins Park Garage - Amendment No. 5 Phillip Levine Mayor PRrME ARCHTTECT (P.A.y ZAHA HADTD LIMITED T/A ZAHA HADID ARCHITECTS Signature / President Print Name EXEGUTTVE ARCHTTECT (E.A.y BERENBLUM BUSCH ARCHITECTURE, tNc. Signature / President Print Name 530 SCHEDULE "A.5" SGOPE OF SERVICES Schedule "A" entitled, "Scope of Services", is amended as follows: Add the following under Task 6 - ADDITIONAL SERVICES Task 6.6.1 - Re-Design and Revise Gonstruction Documents to Place the Ground Floor Elevation at Base Flood Elevation +0 Feet and Provide Design to Allow for Future Rise of Ground Floor Elevation, as Required: Re-design and revise the construction documents to place the ground floor elevation at Base Flood Elevation with provisions to have all critical systems elevated up to 20 feet or as high as reasonably possible and building slabs designed to accommodate a future increase in ground floor elevation, in keeping with the City of Miami Beach flood mitigation efforts as it relates to future sea level rise. Task 6.6.2 - Contamination Assessment Plan (CAP), Site Assessment (SA) and Site Assessment Report (SAR) as Part of Site Cleaning Remediation Efforts: Preparation of a Contamination Assessment Report (CAP) to be presented to DERM and DER. Following approval of CAP, Smart-Science, a Sub-Consultant to Berenblum Busch Architecture, will implement CAP tasks by installing monitoring wells and drilling borings to obtain samples for further laboratory analysis (SA) and complete a Site Assessment Report (SAR) summarizing the implemented tasks, which will be presented to DERM and DER for consideration. Following this review DERM and DER may close the case or require additional remediation tasks, including removal and disposal plan for the contaminated soil and water. PAYMENT AN D COMPENSATION The total fee proposed for this Scope of Work is $294,349 (refer to Exhibit A-5 attached herein). Page 4 of 4 Collins Park Garage - Amendment No. 5 COMPENSATION Zaha Hadid Limited Berenblum Busch Architecture Total Orioinal Aoreement Amount $1,276,000 $1,675,823 $2.951.823 Amendment No. 1 N/A $ 8,935 $ 8,935 Amendment No. 2 N/A $ 12,114 $ 12,114 Amendment No. 3 $ 17.509 $ 7.460 $ 24.969 Amendment No. 4 $ 109,981 $ 139,467 $ 249.448 Amendment No. 5 $ 144,714.25 $ 149,634.75 $ 294.349 Revised Aoreement Amount $ 1,548,204.25 $ 1,993,433.75 $ 3,541,638 531 Exhibit A-5 BERENELUM BUSCH ARCHIIECTURE. INC February'13, 2015 [Revised March 02, 2015] Ms. Sabrina Baglieri City of Miami Beach 1700 Converlion Center Drive Miami Seach Fl. 33139 Re: Amendment No.S Adjustments to the project as follows: 1-Design revisions per city's request to lower the ground iinished floor elevations from l3l feet above the current Base Flood Elevation [BFE] to [0] feet above Base Flood Elevation, +6.45 NAVD. 2- Preparation ol a Contamination Assessment Plan (CAP), Site Assessment (SA) and Site Assessment Report {SAR) Dear Ms. Baglieri: Berenblum Busch Architecture, lnc. (3BA) is pleased to present the enclosed proposal for additional services related to design revisions requested by the City of Miami Beach. The revisions include the request to lower the ground finished floor elevations to BFE +0 feet per ctty's direcllve on email dated January 291',20'l5. The scope of work includes adapting the geometry to meet ex:sting sidewalk, adapt, redesign and detail the ground floor storeJront including an addrtion to a knee wall at BFE+1 feet, adapt and implement changes to back-of- house area. all garage stairs, site stairs, elevator cores, site ramps, site grading and landscape design. The structure will have to be redesigned to account for the revisions. including the ground floor slab, columns, shear walls and foundations. The revisions impact several discipltnes including architecture. crvil engineering. landscape architecture and structural engineering. This amendment will bring the design package up to the full 60% Design Development Documents. Time extension to the contract: approximately I weeks upon receiving approval. The following additional lees are being requested: ZAHA HADID ARCHITECTS: BBA: LANGAN ENGINIERING: KI M LEY-HORN AND ASSOCIATES ROSS & BARUZZINI DE SIMONE: s144,714.25 s 40,847.75 s 20,508.00 $ 4,800.00s 8,000.00 $_3_?.0-_0_000 $250,870.00TOTAI_ (LUMP SUM) A proposal for professional environmental services associated with the preparation of a Contamination Assessment Flan (CAP), Site Assessment (SA)and Site Assessment Report (SAR) for the Collins Park Place project in accordance with environmental requirements by the Miami-Dade County and the Florida Department of Fnvironmentai Prolectior. SMART-SCIENCES ENVI RONM ENTAL CONSULTI NG:$ 43,479.00 AMENDMENT NO.5 GHAND TOTAL $294,349.00 532 We thank you for the cpport*nity 1o present you need any additional information. Submilted by, thls additional seryrce request. Please lei us know il Attachments: 1. Zaha Hadid Architects and Eerenblum 3usch Architeciure lnc., {ae schedule for professional services and billing breakdown. 2. Langan Engineering contract change order for additionai services proposal. 3. Kimley-Hcrn and Associates sub-consultant additjonal services proposal. 4. Ross & Baruzzini proposal lor addltiona! HVAC, Piumbing, Electrical and Fire-Protection prolessional engineering design services for owner requested revisions to the site grading, sidewalks and grcund fioor elevalion for the Collins Park parking structure in Miami Beach, Florida. 5. DeSimone ground floor revisions to BFE+0' Additional Services Proposal 2. 6. Smart-Sciences Environmental Consulting Proposal for Contamination Assessment Plan and Site Assessment at proposed Collins Park Garage properly located at 340 23'd Street, Miami Beach. Florida. C: Humberto Cabaiias, Fernando Paiva, CMB: Chris Lepine, Eva Tiedemann, ZHA; project fite. 2 bl$m, AlA. 533 Zaha Hadid Architects 1737 COLLINS PARK PLACE MIAMI BEACH AMENDMENT NO. 5 FEE SCHEDUI.E FOR PROFESSIONAL SERVICES AND BII.LING BREAKDOWN \'i jn c(i \,'J a,.r,,.2. 2i i -\ Ground Floor Slab Elevation Change to "BFE+o" [=5.45'NAVD] throughout; adapt geometry to meet existing sidewalk; adapt, redesitn & detail storefront ladding now required knee wall] and adapt & implement changes to back-of-house area. Ta5k 1 Design Concept IZHAI Task 2 30 Modelling [ZHA] Task 3 Coordination [ALL] Task 4 Code Analysis [BBA] Task 5 lmplementation up to 60% Design Development Documents [ALL] BERENBLUM Professional Personnel Principal 5r. Architect Architect CAD Clerical Subtotal TOTAL (Lump Sum) ZAHA HADID ARCHITECTS Professional Personnel Principal Sr. Architect Sr. Designer Sr. Designer Architect Clerical Sub-total TOTAI (Lump Sum) r Reflects hourly rate adjustments as per the Agreement, at a CPI average yearly increase ol 2.1o/o AEEachment L 5r22 5L22 S122 S1o7 S37 534 Studio Londorr l0 Bowling Green L.ane London ECl R 0BO T +442O1253514-l F +442}72ilA322 mail@zaha-hadid.com ww.zaha-hadid.com Ms. Sabrina Baglieri City Of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 USA London. 26 February 201 5 RE: 1737 Collins Park Place - Fee Proposal Amendment No.5 Dear Ms. Baglieri, We can confirm that our fee proposed for Amendment No.S is based on a thorough review of all items to be amended, adapted and revised following the City's directive to settle the ground floor elevation throughout the CPP project to BFE+O - and subsequent conversations with the CMB and consultants. The work load is anticipated to be more comprehensive and extensive than Amendment 3 and 4 combined. While the latter 2 amendments entailed studies done during the 60% DDD Phase, this amendment will bring the design package up to the full 60% Design Development Documents. It entails additional challenging design work, adapting to existing sidewalk conditions [as per latest County directivel without losing an extensive amount of area, avoiding ramps within valuable retail space. ln addition, the design of the Feature Stair will need to be reviewed as the Public Plaza design may need to be adapted to revised landscape elevations. Finally, Amendment 5 now entails the redesign and detailing of the entire Ground Floor Storefront due to a new directive from Public Works that does not allow the use of flood panels other than at doors and requires knee walls at BFE+ 1 . This is reflected in our proposed fee schedule. List of tasks anticipated:o Review and Analyse impacto Prepare sketches. ln house 3D studieso Sessions with Consultant team for preliminary design. lntegrate BBA input into Design sketcho Adjust geometry and test. lmplications at retail side. lmplications at Urban plaza. Design sketches to resolv€ elevation changes across site. Tsst and Coordinate alternatives fif requiredl. Besearch and test design suitability of new products required as result ol the changeo Distribute results to consultant teamr Coordinate information with BBA to present to CMBr Prepare documentation. Adopt relovant feedback where possibleo Refine designr Coordinate results with consultant team. Update 3D model. Rework Plans, Sections & Elevations. Coordinate drawing set changes with BBA. Coordinate drawing set changos with Consultant team. Update CD drawing set docum€ntation We trust this clarifies. Please do not hesitate to call should you have any further guestions. Kind Regards, N A,7 A, -A, CL CL -ln J =;on -Cul g{iiiIE:I[g= EEi sEtn:x igr;t;erg Irao-aBI3; Associate 535 LANGAN ENGINEERING & ENVIRONMENTAL SERVICES 15150 NW 79th Court Suite 200, Miami Lakes, FL 3301 6 (215) 864-0640 FAX (215) 864-0671 CONTRACT CHANGE ORDER FOR ADDITIONAL SERVICES Attachment 2 DATE: 11 February 2015 REVISED: CHANGE ORDER NO: CONTRACT: PROJECT NO.: 300089801 PROJECT TITLE: Collins Park Garage ORDER BY: Gustavo Berenblum COMPANY: Berenblum Busch Architecture (GLIENT) STATEMENT OF WORK: This change order has been prepared to identify additional scope and fees associated with regrading the proposed site of the Collins Park Garage. Currently the proposed grading reflects finished floor elevations that are 3 feet above the FEMA base flood elevation. We have been asked by Berenblum Busch Architecture that the City of Miami Beach would like the finished floor elevation at a lower elevation that is compatible with the existing perimeter site elevations. This proposal has been prepared to address the revision of the site grading and drainage plan for the project. COST: This additional work will be invoiced on a lump sum basis based upon the fee estimate. CHANGE ORDER TOTAL:$ 20.508 (See attached man-hour allocation table) LANGAN will proceed with the above described scope of services upon receipt of this form signed by you which authorizes Langan to begin work.. lf notified to stop work on these services, the client agrees to pay Langan for all work completed up to the stop-work notification. All terms of the original agreement remain in effect. Agreement Authorized By : Gustavo Berenblum, AIA cc: for Langan: Leonardo Rodriguez, P.E. \\langan.com\dataMAdata8\300089801\N4arketing Data\ProposalsV0l5-02-11 Grading Add ServicesV0l5-02-25 Revised Site Grading ADD Services\2015-02-11 Site Regrading Add Services.docx 536 with Design Team to conceptual grading plan 50% of the 600/o design 100% of the 60% design 537 Attachment 3 AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN THE CLIENT AND KIMLEY. HORN AND ASSOCIATES, INC. AMENDMENT NUMBER 1 DATED February 12, 2015 to the agreement between Berenblum Busch Architecture, lnc. ("BBA") ("Prime") and Kimley-Horn and Associates, lnc., ("Sub-Consultant") dated May 20th, 2012 ("the Agreement") concerning City of Miami Beach Collins Park Parking Garage Documents (the "Project"). The Sub-Consultant has entered into the Agreement with Prime for the furnishing of professional services, and the parties now desire to amend the Agreement. Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by Sub-Consultant and provisions for additional compensation by the Prime to the Sub-Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference. PRIME: BERENBLUM BUSCH ARCHITECTURE, INC. SUB-CONSULTANT: KIMLEY.HORN AND ASSOCIATES, INC. ./ I -',1 ,.',/ r-to,". o;[+lL- By:By: Title: Date: Title:Vice President Date: February 12,2015 Rev. ll-08 538 Exhibit A to Amendment Number 1, Dated February 12,2015 Sub-Consultant will perform the following Additional Services: Ground Floor Elevation Revisions Ground Floor Elevation Revisions: This task consists of revisions to the landscape and irrigation plans and details based on the City of Miami Beach requiring the finish floor elevation be revised to BFE+ 6.45 NAVD. For the Additional Services set forth above, Prime shall pay Sub-Consultant the following additional compensation : FEE AND BILLING Kimley-Horn will perform the services described in this Scope of Services for the lump sum fees outlined below. lndividual task amounts are informational only. ln addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, large format reproductions (larger than 11" x L7"1, air travel, and other direct expenses will be billed at cost. Expenses for the project such as in-house duplicating, facsimile, local mileage, telephone, postage, in-house blueprinting, and word-processing are included in the lump sum fees. Technical use of computers for design, analysis, GlS, and graphics, etc., will be included in the labor fees. Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services completed or actual services performed and expenses incurred as of the invoice date. Payment will be due within 25 days of your receipt of the invoice. LUMP SUM LABOR TASK Description Ground Floor Elevation Revisions TOTAL LUMP SUM LABOR FEE t t I I I I I I Lump Sum $4,800 $4,800 ADDITIONAL SERVICES The following tasks are not part of the scope of services, but may be performed as additional services, if requested by the Prime. These services may include, but are not limited to: I I Revisions to the plans due to substantial changes in project scope, budget, and/or concept. Services required by additional governmental regulations which might be put into effect after the date of this agreement Water feature design plans, details and documents Architectural Design Electrical Engineering plans, details and documents Stormwater Pollution Prevention Plan (SWPPP) Paving, Grading and Drainage Plans and Details Erosion Control Plans, Notes and Details Signing and Pavement Marking Plans and Details Hardscape Plans Rev. I l-08 539 KimleyDHorn March 2,2015 RE: Cify of Miami Beach - Collins Park Parking Garage Additional services requested for the following tasks: r Coordination with the Projecl Architect regarding the building footprint, access points and architectural elevations to complete the revisions to the landscape and irrigation plans and details based on the City of Miami Beach requiring the finish floor elevation be revised to BFE+ 6.45 NAVD. r Bringing the design up to the full 60% Design Development Documents (60% Construction Documents) Please contact me at (305) 673-2025 or qeorqe.puiq@kimley-horn.com should you have any questions. Sincerely, George Puig, PLA Associate 540 Attachment 4 RosqS"Baruzzrnr February 25,2075 Mario Menendez / Project Architect Berenblum Busch Architecture 22OO NW 2nd Avenue, Suite 203 Miami, FL 33L27 RC: PROPOSAL FOR ADDITIONAL HVAC, PLUMBING, ELECTRICAL AND FIRE-PROTECTTON PROFESSIONAT ENGINEERING DESIGN SERV!CES FOR OWNER REQUESTED REVISIONS TO THE SITE GRADING, SIDEWALKS AND GROUND FTOOR ETEVATION FOR THE COILINS PARK PARKING STRUCTURE IN MlAM!BEACH, FLORIDA. Dear Mario: We are pleased to submit our Additional Services Proposal for the professional engineering services for the above-referenced project. PROJECT UNDERSTANDING We understand the project to include modifying the existing MEP-FP design intent documents to accommodate the Owner requested revisions for changes to the site grading, sidewalks and ground floor elevation for the future tenant retail spaces. This add-services proposal is based on assumptions and information conveyed to us during our weekly scheduled project coordination teleconferences, therefore we reserve to right to modify this proposal, as required, once we receive the actual revised Architectural floor plans and we can fully evaluate the impact on the existing design intent documents. SUMMARY OF SERVICES A. SCOPE OF WORK Scope includes design of required modifications to the existing MEP design-intent documents. B. DETIVERABLES t. Revisions to existing 60% DD design documents addressing the required modifications. One (1) set of pdf format files for the 50% DD re-submittal. C. SCHEDUTE We will work closely with the construction schedule established by the Architect. Our design should be completed within three (3) weeks of notice to proceed and having the required, complete information from the other project Consultants. D. EXCTUSTONS The following items are not included in R&B's cope of work: 7205 NW lgth Streeq Suite 5OI I Miami, FL 33126 I t 305.477-8338 I f: 305.477.1378 www.tossbar.com 541 Ross[B atuzztnt 1,. Construction cost estimating is by others. E. FEES: Ross & Baruzzini proposes to provide the aforementioned additional services to be invoiced on an hourly basis with a "not-to-exceed" fee of: S 8,ooo (EightThousand Dollars) lf this proposal is acceptable, we understand that you will issue an amendment to our Sub-Contract Agreement for our services. We appreciate the opportunity to continue to provide these services and look forward to our continued cooperation toward the successful completion of the project. Respectfully, Ross & Baruzzini, lnc.-|a*-{'\. -Raul S. Mastrapa, PE, CIPE, LEED AP Director of Operations, Miami Office Cc: James M. Mindur Raul-Arnaldo Mastrapa 542 Re: RossfrBaruzzrnr March 2,2OtS Mario Menendez / Project Architect Berenblum Busch Architecture 22OO NW 2nd Avenue, Suite 203 Miami, FL 33727 TETTER OF EXPTANATION FOR ADDITIONAL SERVICES FOR ADDENDA # 5: HVAC, PLUMBING, ELECTRICAT AND FIRE-PROTECTION PROFESSIONAL ENGINEERING DESIGN SERVICES FOR OWNER REQUESTED REVISIONS TO THE SITE GRADING, SIDEWALKS AND GROUND FLOOR ELEVATION FOR THE COTLINS PARK PARKING STRUCTURE !N MtAMt BEACH, FLOR!DA. Dear Mario: We did not submit an add-services request for the previous Amendment # 4for setting the ground floor elevation at BFE+3. This had no impact on our design documents as the Mechanical and Electrical equipment could be mounted on the ground floor slab. We are now submitting an add-services proposal for Addenda # 5 for modifying the existing MEP-FP design intent documents to accommodate the Owner requested revisions to lower the ground floor slab elevation to BFE+0. Code requires that any electrical driven equipment be mounted at one foot above flood elevation. Scope includes design of required modifications to the existing MEP design-intent documents, coordination with Architect and Civil Consultant for revising underground utilities services and ground floor Mechanical and Electrical equipment rooms per Architectural and Civil floor plans and issuing final revised 60% Construction Documents set. Our add-services proposal for Addenda # 5 is based on assumptions and information conveyed to us during our weekly scheduled project coordination teleconferences, therefore we reserve to right to modify this proposal, as required, once we receive the actual revised Architectural floor plans and we can fully evaluate the impact on the existing design intent documents. Respectfully, Ross & Baruzzini, lnc. Raul S. Mastrapa, PE, CIPE, LEED AP Director of Operations, Miami Office James M. Mindur Raul-Arnaldo Mastrapa Miami,FL33126 I t unnrw.rossba r.com Cc: 7205 NW lgth Street Suile 5ot I 305.477.8338 I l: 3o5.477337a 543 Attachment 5 Dqte: Februory 24,2015 To: Gustovo Berenblum BERENBLUM BUSCH ARCHITECTURE 2200 NW 2nd Avenue, Suite 203 Miomi, Florido 33127 Project Nome:Collins Pork Ploce - Porking Goroge DESIMONE Project No.: 5684 DESIMONE \::v lCl?( \,1r A \11 S;1 \ ;?Ai\lC SCO i-AS VEG AS FONG KONG A3T DHABi tsosToN COLOMtsiA Re:Ground Floor Revisions to BFE+0' Additionol Services Proposo! 2-REVISED Deor Mr. Berenblum, We hove received o request from Berenblum Busch Architecture to redesign our structure to occount for the revisions ossocioted with lowering the ground floor slob from elevotion N.A.V.D. 9.45' to N.A.V.D. 6.45'. The top of slob elevotion will therefore be of the bose flood elevotion requiring the slob to be redesigned to resist hydrostotic flood forces. The required revisions to our drowings ore outlined below: 2X.1 - Coordinote ground floor chonges in elevotion ond revise stoir, romp, ond slob drop detoils. Provide soil retoining wolls where required. 2X.2 - Redesign ground floor slob os o structurol slob to resist flood loods ond provide grode beoms to spon between pile cops to support the slob. 2X.3 - Lower foundotions to cleor new ground floor structure. 2X.4 - Redesign columns for toller floor to floor height between Ground Floor ond Level2. 2X.5 - Redesign sheor wolls to resist wind forces from toller building. 2X.6 - Redesign feoture stoir for toller floor to floor height. 2X.7 - Provide foundotions for flood borriers beyond the building perimeter, or provide continuous knee wolls ond foundotions oround the building to resist flood loods of the ground floor. Fee: RAIES TAS{ 2X.t TASK 2X.2 TAS|( 2X.3 TA3( 2XI TASX 2X-S TASX 2X_6 TASX 2X_' {OUro BItTABLf {OUro BILLABTT HOUR!BILLABLE HOURS BII.IAELE 8fl.t A8LE HOURS SIII.ABLE {OUR:BILLABIE Principals S15o.oo So.oo 5.5 s97S.00 s22S.00 2S s375.OO 2S 375 00 so oo s225 00 Proiect ManaqeB 120 00 5S s780 00 l5 920 00 6q sTao oo s600 00 7S qqoo oo 6q <7ao oo q500 00 Proiect E noineeB ql 01 00 il ?1? OO la Rla OO 1Sn 10 nlooo ,8.5 i3.888.s0 1.313.00 10 S1.o10.oo Enoinerino ComDuter l'ime Senior CAD DEfrets s60.00 5.5 s330.00 6.5 S39o.oo 5 s300.00 4 s240.00 6.5 s390.oo s s300.00 2 120.00 CAD DEfteE Sss.oo 27 1.1SS.00 41.S ;2)42.5O 14 5 s797 50 to s550 00 ?o I 5qO OO la sqqo oo s440 00 CAD/BlM Computer Time Clerical foti L. hi lrSD l,E{.ri}rl l ,.(Cim6..*'I6i aLrrt i{rffiril E';I68, tt, .w DESIMONE CONSULTING ENGINEERS 8OO BRICKELL AVENUE 6TH FLOOR MIAMI, FLORIDA 33I3I P. 305.44I.0755 F.786.383.2329 544 DESIMONE ?oge 2 of 2 The fee for the obove-described structurol engineering services sholl be $32,000 os outlined in the fee schedule obove. Terms ond conditions sholl be in occordonce with our originol proposol with Zoho Hodid Architect on November 03, 2011. lf the obove is occeptoble, pleose sign on the Approved line below, returning the executed originol to us ond retoining o copy for your file. lf you hove ony questions pleose feel free to contoct me. Gregory Lewis P.E., Project Monoger Approved: Berenblum Busch Architecture 545 Morch 2,2015 Sobrino Boglieri Senior Copitol Projects Coordinotor CAPITAL IMPROVEMENT PROJECTS OFFICE 1700 Convention Center Drive Miomi Beoch, FL 33139 DESIMONE NIW'1ORK MIAMI SAN FRANCISCO I'.]EW HAVTN LAS VEGAS HONG KONG ABU DHABI SHANGHAI Re:Collins Porking Goroge - Miomi Beoch, Florido BFE+0' (Amendment 5) - Additiono! Services Norrotive DESIMONE Project No. 5684 Deor Ms. Boglieri, We ore pleosed to continue to provide design services on the Collins Pork Ploce goroge complex. We hove received o request from Berenblum ond Busch Architecture to perform o redesign of the structure to occount for the chonge in elevotion of the ground floor slob. ln the previous Amendment 4 redesign, the structurol chonges were driven by roising the ground floor slob to obove the bose flood elevotion. During this redesign, the entire building wos roised ond the moin structurolchonges occuned of the ground floor. The structures required to resist flood loods were eliminoted. A simplified ground floor slob on grode reploced o structurol slob with tie downs. Grode beoms oround the perimeter of the structurol slob were eliminoted. Amendment 5 moves the ground floor slob to bose flood elevotion without reducing the height of ihe building, which wos increosed during Amendment 4. The ground floor slob is oi o higher elevotion thon prior to Amendment 4 ond os such the flood loods ore lower. The toller building will require the redesign of the building's sheor wolls to resist the higher wind loods ond the toller columns will need to be redesigned due to the increose in their unbroced length. The foundotion will need to be redesigned to occount for the hydrostotic uplift loods ond the toller building's higher overturning loods. As the hydrostotic forces will be less thon prior to Amendment 4, the structurol ground floor slob ond perimeter grode beoms will be optimized for these loods. The foundotions will need to be lowered to qvoid the lower ground floor slob. The revised feoture stoir loyout will require o redesign for the lorger spon from ground floor to level 4. New retoining wolls will be needed oround the building of the revised romp ond stoir locotions. As the ground floor slob loyout wos chonged during Amendment 4 there will need to be odditionol foundotions for either flood borriers or knee wolls oround the building's perimeter to resist the flood loods. These structurol chonges will require coordinotion with the design teom. The obove covers the work necessory to issue Amendment 5 60% Design Development Documents 160% Construction Documentsl. The completion of the drowings from 60% DESIMONE CONSULTING ENGINEERS 8OO BRICKETL AVENUE 6IH FLOOR MIAMI, FLORIDA 33] 3] P. 305.44] .0755 F.212.481 .6108 546 DESIMONE forword will be per our originol design proposol. We hope this outline clorifies tf," .riffii't' of our scope in this redesign. Yours very truly, DESIMONE CONSUTTING ENGINEERS Gregory Lewis, P.E. Project Monoger 547 f-u RE: December 29,2014 Mr. Mario Menendez Berenblum Busch Architecture, Inc. 848 Brickell Avenue, Suite 625 Miami, Florida 33131 REVISED PROPOSAL FOR CONTAMINATION ASSESSMENT PLAN AND SITE ASSESSMENT AT PROPOSED COLLINS PARK GARAGE PROPERTY LOCATED AT 340 23RD STREET, MIAMI BEACH, FLORIDA SMART-SCIENCES PROJECT NUMBER 20 14-0065-POI Dear Mr. Menendez: Smart-Sciences is pleased to provide you with this proposal for the professional environmental services associated with the preparation of a Contamination Assessment Plan (CAP), Site Assessment (SA) and Site Assessment Report (SAR) for the above referenced property in accordance with environmental requiranents by the Miami-Dade County and the Florida Department of Environmental Protection. The scope of work for this proposal is based on our review of previous environmental reports provided to Smart-Sciences and submittal requiranents for petroleum contaminated sites as presented in Chapter 62-780 of the Florida Administrative Code. The proposal includes the scope of work and associated costs to prepare an approvable CAP which will be reviewed by the Miami-Dade County Department of Environmental Resources Management (DERM) prior to its implementation. Please note that this proposal conservatively estimates a certain number of locations for soil and groundwater analysis to determine the present subsurface conditions. Although we have included contingencies for some additional work that may be necessary and/or required by DERM, associated costs to delineate potential off-site contaminant plumes or plumes from other properties are not included. However, Smart-Sciences is confident that the scope of work to be presented in the CAP to DERM will meet the assessment requirements. SCOPE OF WORK Smart-Sciences recommends to meet with Berenblum, Busch Architecture (Client) to briefly discuss a course of action for the contamination assessment to be presented in the CAP. Further investigation by Smart-Sciences may result in a potential recommendation for a Limited Contamination Assessment on behalf of the Client and the City of Miami Beach. Upon further investigation ofprevious assessment activities and consensus on the appropriate regulatory course of action, a CAP will be prepared and presented to Miami-Dade County DERM. Following approval of the CAP, Smart-Sciences will implement the scope of work for the assessment. We will submit a draft CAP to the client within three weeks of authorization. We will submit the final CAP to DERM within one week of receiving the client's comments on the draft. DERM's review time is typically between 30 and 60 days. 329 Palermo Avenue I Suite 210 | Coral Gables,FL 33134 | P: 786-313-3977 lF:305.356.4333 www. Smart-Sciences.com 548 Proposalfor Contamination Assessment Plan and Site Assessment Proposed Collins Park Garage 340 23d Street, Miami Beach, Florida S mart-S ciences P ropo sal No. 2 0 I 4 -0 0 6 5 -P 0 I (Revised) December 29,2014 Page 2 of4 Smart-Sciences will schedule a utility clearance and notify DERM of scheduled activities including specific dates for subsurface drilling and sampling activities. The drilling activities will be conducted by a licensed environmental driller and supervised by Smart-Sciences personnel. It is estimated that fifteen (15) soil borings and eleven (11) groundwater monitoring wells will be advanced in areas including former underground storage tanks (UST), former dispanser islands, oil/water separator and used oil storage tank. Drilling will be performed using the direct-push methodology. Soil borings will be advanced in two-foot intervals to the water table (approximately 3 to 5 feet below land surface) and screened in the field for hydrocarbon vapors using an Organic Vapor Analyzer (OVA) equipped with a flame ionization detector. Soil samples with the highest OVA readings or from the soiVwater interface will be further analyzed at a laboratory for parameters of concern. Ten (10) shallow groundwater monitoring wells will be advanced to approximately thirteen (13) feet below land surface (bls) for the purpose of sample collection and to determine groundwater conditions at the shallow aquifer. One (1) deep groundwater monitoring well will be advanced to approximately twenty-five feet bls for sample collection and to determine groundwater conditions at the intermediate aquifer and delineation of potential contamination. Soil and groundwater samples will be either collected for laboratory analysis of the Gasoline/I(erosene Analytical Group or Used Oil Analyical Group as presented in Chapter 62-770 FAC. The first group includes a fulIrange of volatile organic compounds and polynuclear aromatic hydrocarbons (EPA Methods 8260 and 8270), Total Recoverable Petroleum Hydrocarbons (TRPH) by FL-PRO, Ethylene dibromide (EPA Method 504) and Lead (EPA Method 6010). ln addition to the described parameters and analyical methods, the Used Oil Group includes Polychlorinated biphenyls (EPA Method 8082) and metals; Arsenic, Cadmium and Chromium (EPA Methods 610 and 620). Ethylene dibromide is not included in the Used Oil Group. All sampling activities will be conducted by trained personnel following sampling operating procedures in accordance with the Florida Department of Environmental Protection (FDEP). The laboratory analysis will be performed at a NELAC accredited and State-certified environmental laboratory. Following hydrogeological field activities to be performed by a State of Florida registered Professional Geologist, a SAR will be prepared. The SAR summarizes the implanented tasks pursuant to subsection 62-780 FAC. The SAR will include information such as the history of the facility, topography of the site and surrounding areas, details of preliminary assessments of source removal activities, a vicinity map showing features such as drainage, property boundaries, water supply wells, potential off-site sources of petroleum contamination, a scaled site map showing surface and subsurface features such as former and current tank farms, integral piping, dispensers, monitoring wells, buildings, streets, right-of-ways, utilities, sewers, floor drains, and subsurface drainage in the immediate vicinity. Technical information will include data and calculations used to determine the top of casing elevations, depth to water and water-level elevations to determine groundwater flow direction, a scaled site map showing groundwater flow direction, scaled site maps showing location of new and existing wells, soil borings and concentrations of contaminants, scaled site maps showing contour lines of the extent of contaminant plumes, figures showing well construction profiles, summary tables with OVA screening data, and soil and groundwater analytical data. Other important data that will be reported includes the description of the regional and site-specific geology, hydrogeology and site-specific lithology based on the soil and groundwater assessment drilling activities. The SAR will have recommendations in accordance with Chapter 62-780 and will be signed and sealed by a State of Florida Registered Geologist. 549 Proposalfor Contamination Assessment Plan and Site Assessment Proposed Collins Park Garage 340 23'd Street, Miami Beach, Florida S ma rt- Sciences P ropo sa I No. 2 0 I 4 -00 6 5 -P0 I (Revis ed) December 29,2014 Page 3 of4 PROGRAM COSTS The following are Smart-Sciences estimated consulting and subcontracting charges. Should additional work be necessary or required by site-specific conditions or additional requirements by permitting and regulatory agencies, the client will be informed of work and associated costs prior to the performance of the additional work and/or materials. Task Description and Estimated Labor Effort Fee Contamination Assessment Plan Research and review of past environmental conditions and data, tables of data, assessment strategy, meetings with DERM, Client and City officials, preparation of CAP for DERM review, revisions and final submittal Project Manager 25 hours @ $120/trour StaffScientist l0 hours @ $82lhour GIS Specialist 3 hours @ $75lhour $ 4,045.00 Drilling (Subcontractor) Advancement of 15 soil borings and I I well locations Estimated time2 days @ $1,600/day Well completions (concrete, manhole, locking cap and covers) $350/well Permittine $50/well $ 7,600.00 Laboratory Analysis (Subcontractor) Thirteen samples for Gas/I(erosene Group @ $54O/sample Eleven samples for Used Oil Group @ $590/sample (includes oualitv assurance/control blank analvsis) $13,510.00 Contamination Assessment Activities Activities: Utility clearance, coordination of drilling, sampling and notifications to DERM, site activities supervision, OVA screening, soil and groundwater sampling, surveys, water table and casing elevation surveys, and hydrological evaluations. Project Manager 50 hours @ $120/trour Staff Scientist 22 hours @ $S2lhour Environmental Technician 15 hours @ S65/hour $8,779.00 Contamination Assessment Report Preparation Project Manager 40 hours @ $120/hour GIS Specialist l5 hours @7llhour Clerical 8 hours @ $4O/hour $6,24s.00 Miscellaneous Survey and sampling equipment rental $1,000 Travel mileage $300 Contingencies for additional drilling and analysis if required by DERM $ 2,000 $3,300.00 Total $ 43,479.00 550 Proposal for Contamination Assessment Plan and Site Assessment Proposed Collins Park Garage 340 23d Street, Miami Beach, Florida Smart-Sciences P roposal No. 20 I 4-00 65 -P0 I (Revised) AUTHORIZATION December 29,2014 Page 4 of4 Attached is a copy of our Standard General Conditions for Professional Services Agreement, which is a part of the proposal. If the above scope of services and fees are acceptable, please sign below and return a signed, fully executed copy of our proposal. The above proposal is hereby agreed to by: Signature: Name: Title: Company: Date: We appreciate the opportunity to offer our professional services on this project. If you have any questions conceming this proposal, please contact me at 786-313-3977. Sincerely, SMART-SCIENCES, INCORPORATED 9^4 6e'/-t,/ t ,,n t/'|-t.1.r\1 > ror Isidro Duque, P.G. Senior Geologist Gisele L. Colbert, LEP Principal Scientist Attachments Professional Services Agreement M:\Proposals\2014 Proposals\2114-0065-P0l Collins Parking Garage ESA\Smart Sciences CAP ard SAR Proposal for Collins Park Garage rev updated.docx 551 STANDARD GENERAL C ONDITIONS 1.01 Basic Agreemerlr Smart-Sciences, Incorporated (Smart-Sciences) shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Client, or if otherwise required, Smart-Sciences shall fumish services in addition to those set forth in this Agreement. Client shall pay Smart-Sciences for its services as set forth in Paragraphs 7.01 and 8.01. 2.01 PaymentProcedures: A. Invoices: Smart-Sciences shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to the Client at least once per month. Invoices are due and payable upon receipt. If Client fails to make any payment due Smart-Sciences for services and expenses within 30 days after receipt ofSmart-Sciences' invoice, then the amounts due Smart-Sciences will be increased at the rate of L0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition Smart-Sciences may, after giving seven days written notice to Client, suspend services under this Agreement until Smart-Sciences has been paid in full all amounts due for services, expenses, and other related charges. Client waives any and all claims against Smart-Sciences for any such suspension and shall be responsible for any attorney's fees incurred in collecting past due amounts. Payments will be credited first to interest and then to principal. The Client warrants that payment is not dependent on third parties. 3.01 Termination: The obligation to provide services under this agreement may be terminated: A. By either party upon seven days written notice, in the event of substantial failure on the part of the other party to perform in accordance with the terms of this agreement, through no fault of the terminating party. Failure to pay Smart-Sciences for its services is a substantial failure to perform and a basis for termination. B. By Smart-Sciences, upon seven days written notice, if Client demands that Smart-Sciences furnish or perform services contrary to Smart-Sciences' responsibilities as a licensed professional; or upon seven days written notice if Smart- Sciences' services for the Project are delayed for more than 90 days for reasons beyond Smart-Sciences' control. Smart-Sciences shall have no liability to Client on account of a termination by Smart-Sciences under this section. C. In the event of any termination, Smart-Sciences will be paid for all services and reimbursable expenses rendered to the date of termination, in addition to termination expenses. 4.01 Successors, Assigns and Beneficiaries A. The Client and Smart-Sciences each binds themselves, and their partners, successors, executors, administrators, assigns and legal representatives to the other party ofthis agreement. Neither party may assign, sublet or transfer any rights under, or interest in, this agreement without the written consent of the other. Nothing contained in this paragraph shall prevent Smart-Sciences from employing such independent consultants, associates and subcontractors, as Smart-Sciences may deem appropriate. B. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Client or Smart-Sciences to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit ofClient and Smart-Sciences and not for the benefit ofany other party. 5.01 GeneralConsiderations: A. Smart-Sciences will perform its services using that degree of skill and care ordinarily exercised under similar conditions by reputable members of Smart-Sciences' profession practicing in the same or similar locality at the time Services are performed. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED. B. Smart-Sciences shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Smart-Sciences have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and progtams incident thereto, for security or safety at the project site, nor for any failure ofa contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. Smart-Sciences neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Client and such contractor. Smart-Sciences is not responsible for variations between actual construction bids or costs and Smart-Sciences' opinions or estimates regarding construction costs. C. Smart-Sciences shall not be responsible for the acts or omissions ofany contractor, subcontractor, or supplier, or of any oftheir agents or employees or ofany other persons (except Smart-Sciences' own employees) at the Project site or otherwise fumishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification ofthe construction contract other than those made by Smart-Sciences. Excerpted from EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services 552 D. All documents prepared or furnished by Smart-Sciences are instruments of service, and Smart-Sciences retains an ownership and property interest (including the copyright and the right ofreuse) in such documents, whether or not the project is completed. Client shall have a limited license to use the documents on the project, subject to receipt by Smart-Sciences of full payment for all services relating to preparation of the documents and subject to the following limitations: (l) Client acknowledges that such documents are not intended or represented to be suitable for use on the project unless completed by Smart-Sciences, or for use or reuse by Client or others on extensions ofthe Project, on any other project, or for any other use or purpose, without written verification or adaptation by Smart-Sciences; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Smart-Sciences, as appropriate for the specific purpose intended, will be at Client's sole risk and without liability or legal exposure to Smart-Sciences; (3) Client shall indemnify and hold harmless Smart-Sciences from all claims, damages, losses, and expenses, including attorneys' fees, arising out ofor resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Smart-Sciences; and (4) such limited license to Client shall not create any rights in third parties. E. To the fullest extent permitted by law, Client and Smart-Sciences (l) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of resulting from, or in any way related to the project, and (2) agree that Smart-Sciences total liability to Client under this Agreement shall be limited to $50,000 or the total amount of compensation received by Smart-Sciences, whichever is greater. F. Client and Smart-Sciences agree to negotiate each dispute between them in good faith during the 30 days after notice ofdispute. Ifnegotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. Ifmediation is unsuccessful, then the parties may exercise their rights at law. G. This Agreement is to be governed by the law of the State of Florida and the local jurisdiction in which the project is located. H. PURSUANT TO FLORIDA STATUTE 558.0035, NO INDIVIDUAL EMPLOYEE OR AGENT OF SMART-SCIENCES MAY BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING FROM THE PERFORMANCE OF PROFESSIONAL SERVICES UNDER THIS CONTRACT. (p*pf,asis in accordance with the statute.) I. The proposal and fees are valid for thirty (30) days from the date at the top ofthe proposal. J. Notice to proceed must be within thirty (30) days of signed agreement, unless otherwise specified in the agreement. K. For purposes of statutes of limitations/repose, our contract services will be considered complete upon delivery of the last service or instrument described in our agreement. 6.01 Total Agreement: This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Client and Smart-Sciences and supersedes all prior written or oral understandings. 7.01 Basis of Payment A. Fixed price services are based on doing the work one time. Changes due to causes beyond the control of Smart- Sciences shall be compensated as Additional Services. B. Fixed fees do not include printing charges. Reimbursable expenses shall be compensated at cost times 1.15. C. All governmental fees and testing service charges, if any, shall be paid directly by the Client. D. Any VAT, excise, gross receipts, or sales taxes that may be imposed by government shall be added to the compensation otherwise due under the professional services agreement. E. All fees and rates are based on normal eight hour weekday work. Work performed, by request of the Client, on week nights, weekends, or holidays shall bear a 50olo surcharge. F. All fees are subject to renegotiation one year from the date ofthe agreement. 8.01 AdditionalServices: A. Client shall pay Smart-Sciences an amount equal to the cumulative hours charged to the Project by each class of Smart-Sciences' employees, times standard hourly rates for each applicable billing class; plus reimbursable expenses and Smart-Sciences' consultants'charges, ifany. Smart-Sciences' standard hourly rates are attached. B. The Client may wish to establish control procedures for pre-authorization of Additional Services. Any such procedures shall be communicated to the Smart-Sciences in writing. Excerpted from EJCDC E-520 Short Form ofAgreement Between Owner and Engineer for Professional Services 553 RESOLUTION TO BE SUBMITTED 554 THIS PAGE INTENTIONALLY LEFT BLANK 555