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HomeMy WebLinkAboutReso 2022-3444RESOLUTION NO. 2022 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE PROJECT AGREEMENT WITH KEITH AND ASSOCIATES, INC., d/b/a KEITH, FOR CIVIL ENGINEERING AND LANDSCAPE ARCHITECTURAL SERVICES FOR THE BELLA VISTA PARK, IN AN AMOUNT NOT TO EXCEED NINETY-FIVE THOUSAND FOUR HUNDRED DOLLARS ($95,400.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") is the owner of the Property located at 500 Sunny Isles Boulevard, known as Bella Vista Park ("Park"); and WHEREAS, on January 21St, 2021, via Resolution No. 2021-3160, the City Commission of short listed six (6) civil engineering firms, in response to Request for Qualifications No. 20-07-01 for Continuing Professional Services ("RFQ'), pursuant to the Consultants' Competitive Negotiation Act; and WHEREAS, the City requested general civil engineering services as one of several disciplines listed in the RFQ; and WHEREAS, Keith and Associates, Inc., d/b/a/ Keith ("Firm") was one of the six (6) firms short listed to provide general civil engineering and landscape architectural services ("Services") to the City, and entered into a Continuing Services Agreement to provide said Services on an as needed basis; and WHEREAS, on May 19, 2022, via Resolution No. 2022-3334, the City Commission approved a Project Agreement with the Firm to provide the Services for the development of the Bella Vista Park ("Park"), in an amount not to exceed $82,930.00; and WHEREAS, City staff has requested that the Firm provide additional services for the design, permitting, and construction of the seawall located at the Park ("Additional Services"); and WHEREAS, the Firm has expressed the ability and desire to provide these Additional Services and has submitted a proposal in the amount of $101,900.00; and WHEREAS, the City and the Firm have further agreed to amend Section 5 of the Project Agreement, titled "Basis of Compensation", to eliminate "Task 601 - New Seawall Design and Structural Construction Documents (CD) and Permitting — New Seawall (Trident — Structural / Environmental Sub.), reducing Not to Exceed Amount by $6,500.00; and WHEREAS, the City Commission wishes to approve a First Amendment to the Project Agreement with Keith and Associates, Inc., d/b/a/ Keith to provide additional services for the design, permitting, and construction of the seawall located at, in an amount not to exceed @BCL@CCOBD338.doc Page 1 of 2 42 Ninety -Five Thousand Four Hundred Dollars ($95,400.00), bringing the total contract amount to Not to Exceed One Hundred Seventy -Eight Thousand Three Hundred Thirty Dollars ($178,330.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of First Amendment. The City Commission hereby approves a First Amendment to the Project Agreement with Keith and Associates, Inc., d/b/a/ Keith to provide additional services for the design, permitting, and construction of the seawall located at, in an amount not to exceed Ninety -Five Thousand Four Hundred Dollars ($95,400.00), bringing the total contract amount to Not to Exceed One Hundred Seventy -Eight Thousand Three Hundred Thirty Dollars ($178,330.00), attached hereto as Exhibit "A" Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Amendment. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. A Mau Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of December 2022. Dana Robin Goldman, Mayor APPROVED AS TO FORM Aly. EGA IENCY: A_ r, nc r, CMC, City Clerk Vidward A. Dion,City Attorney Moved by: dyvu ` /rIvPP C ��71 Seconded by: Vote: Mayor Goldman / t/ Vice Mayor Viscarra (Yes) (Yes) (No) (No) Commissioner Joseph w% (Yes) (No) Commissioner Lama 3�Yes) (No) Commissioner Stuyvesant Yes) (No) @BCL@CCOBD338.doc Page 2 of 2 43 �SU'N" N Y f SFs FIRST AMENDMENT TO THE PROJECT AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND ryfFaa N" KEITH AND ASSOCIATES, INC., D/B/A KEITH FOR BELLA VISTA SEA WALL DESIGN AND OVERALL CONSTRUCTION ADMINISTRATION This First Amendment to the Project Agreement between the CITY OF SUNNY ISLES BEACH"City") and KEITH AND ASSOCIATES, INC. D/B/A KEITH ("Consultant"), executed this ,' day of , 2028 is made a part of the original Project Agreement ("Project Agreement") dated May 27, 2022, between the City and Consultant, a copy of which is attached hereto as Attachment "A". The City and Consultant hereby agree as follows: 1. AMENDMENT TO EXHIBIT "I" TO PROVIDE FOR ADDITIONAL SCOPE OF SERVICES. Exhibit "1" attached to the Project Agreement is hereby amended by adding the scope of services attached hereto as Attachment "B". 2. AMENDING COMPENSATION. The Parties hereby agree to amend Section 5 of the Project Agreement, titled "Basis of Compensation", to provide compensation for the additional scope of services described in Attachment `B," as follows: Task 502 Electrical Construction Services ................................................... $2,500.00 Task 602 New Seawall Design and Construction Documents ................... $18,400.00 Task 603 New Seawall Environmental Permitting .................................... $12,200.00 Task 604 New Seawall Bid Assistance......................................................... $4,400.00 Task 605 New Seawall Construction Administration ................................. $35,000.00 Task 703 New Seawall Construction Administration ................................... $4,200.00 Task 801 Civil/Landscape Bidding Assistance ............................................. $3,200.00 Task 802 Civil Construction Observation and Certification Services ........ $12,500.00 Task 803 Landscape Construction Observation Services ............................. $6,500.00 The Parties further agree to amend Section 5 of the Project Agreement, titled "Basis of Compensation", to eliminate "Task 601 - New Seawall Design and Structural Construction Documents (CD) and Permitting — New Seawall (Trident — Structural / Environmental Sub.) ...$6,500.00". The new total compensation for the Project Agreement shall be in an amount not to exceed $171,830.00 Except as otherwise set forth herein, all other terms and conditions of Section 5 shall remain in full force and effect. 3. AMENDING REIMBURSABLE EXPENSES. The Parties hereby agree to amend Section 6.2.1 of the Project Agreement, titled "Reimbursable Expenses", to provide for an additional $3,000.00 in reimbursables, thereby bringing the total reimbursables not to exceed amount to $6,500.00. Except as otherwise set forth herein, all other terms and conditions of Section 6 shall remain in full force and effect. 44 4. AMENDING TERMS AND CONDITIONS. The Parties hereby agree to amend the Project Agreement as more particularly set forth below: Section 2.5 is hereby amended to add the following underlined text: 2.5.9 ADMINISTRATION OF CONSTRUCTION 2.5.9.1 The Consultant shall perform those duties and discharge those responsibilities set forth herein in Sections 2.5.9.2 through 2.5.9.13. Furthermore, the Consultant shall perform and be responsible for all services requested of the Consultant by the City relating to the interpretation and implementation of the Consultant's drawings, specifications, or other Construction Documents or other contract documents prepared by the Consultant. 2.5.9.2 The Consultant shall represent the Citv duriniz construction and shall facilitate all instructions and other appropriate communications between the City and the Contractor, which shall be communicated through the Consultant. The Consultant shall act on behalf of the City only to the extent provided herein and in the Construction Contract. 2.5.9.3 Upon receipt, the Consultant shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data that the City or the Consultant may require from the Contractor. The purpose of such review and examination will be to protect the City from an unbalanced Schedule of Values that allocates .greater value to certain elements of the work than is indicated by the supporting documentation or data or, than is reasonable under the circumstances. If the Schedule of Values is not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the City directs the Consultant to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision or supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Consultant shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Consultant shall not sign such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the City. 2.5.9.4 The Consultant shall observe the work of the Contractor on a periodic basis. The purpose of such observations will be to determine the quality= quantity and progress of the work in comparison with the requirements of the Construction Documents and Construction Contract. In making such observations, the Consultant shall exercise care to protect the City from defects or deficiencies in the work from unexcused delays in the schedule and from overpayment to the Contractor. Following each such site visit, the Consultant shall submit a written report of such observations, together with any appropriate comments or recommendations, to the City. The Consultant shall not be responsible for any construction means, methods, sequences, or procedures for performing any construction activities. 2.5.9.5 The Consultant shall determine amounts owed to the Contractor based upon observations of the work as required in Subparagraph 2.5.9.4, evaluations of the Contractor's rate of progress in light of the remaining Contract Time and upon 45 evaluations of the Contractor's Applications for Payment, and shall issue Certificates for Payment to the City in such amounts. 2.5.9.6 The issuance of a Certificate for Payment shall constitute a representation by the Consultant to the City that the Consultant has made an observation of the work as provided in Subparagraph 2.5.9.4, that the work has progressed to the level indicated, that the quality of the work meets or exceeds the requirements of the Construction Contract and that to the best of the knowledge, information and informed belief of the Consultant, the Contractor is entitled to payment of the amount certified; however, the issuance of a Certificate of Payment shall not constitute a representation that the Consultant has made an examination to ascertain how the Contractor has used the monies paid by the City, 2.5.9.7 The Consultant shall be the initial intemreter of the reauirements of the drawings and specifications and the judge of the performance thereunder by the Contractor. The Consultant shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the Contractor. 2.5.9.8 The Consultant shall reject work that does not conform to the Construction Documents unless directed by the City, in writing, not to do so. If directed by the City not to reject work, the City shall be responsible for the results of such direction. The Consultant shall have the authority to reject work that affects public or personnel safety. Whenever, in the Consultant's opinion, it is necessary or advisable, the Consultant shall require special inspection or testing of the work in accordance with the provisions of the Construction Contract whether or not such work is fabricated, installed or completed. 2.5.9.9 The Consultant shall review and take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples. Appropriate action by the Consultant of the Contractor's submittal shall constitute the Consultant's representation to the City that such submittal is in conformance with the Construction Documents and Construction Contract, but does not hold the Consultant responsible for the accuracy and completeness of details such as dimensions and quantities, or for substantiating; instruction for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Construction Documents. Such action shall be taken with reasonable promptness so as to cause no delay to the Contractor of the Prod ect. 2.5.9.10 The Consultant shall review. and advise the Citv, concerning nronosals and requests for Change Orders from the Contractor. The Consultant shall prepare Change Orders for the City's approval and execution in accordance with the Construction Contract, and shall have authority to order, by Field Order, minor changes in the work not involving an adjustment in Contractor's Contract Price or an extension of Contractor's Contract Time. 2.5.9.11 The Consultant shall conduct a site visit to determine the date of Substantial Completion and the date of Final Completion. As part of that process, Consultant shall receive and forward to the City for the City's review all written warranties and related documents and operating manuals required by the Construction Contract. Contractor shall issue a final Certificate for Payment when called for by the Construction Contract. 46 2.5.9.12 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in its plans and specifications. 2.5.9.13 The Consultant shall visit the site at a minimum of one time per month, and at the request of the City without limitation, including site visits for verification of the Contractor's monthly pay request, to observe the entire construction operation, for the term of construction. A report outlining the details of each site visit shall be furnished to the City within three (3) days of the required site visit. The City must be informed of any site visits, so that they have the opportunily to be included in the visit. Section 2.7.1 is hereby amended to add the following underlined text: I_f, in the event that construction of the Project is suspended for more than thirty (30) days, the Consultant shall also suspend Construction Administration Services upon request of City. Any time spent on the Project at the request of the City or on the City's behalf during this suspension shall be additional services and shall be paid based on the Standard Hourly Rates attached to this Agreement as EXHIBIT "2". The reasonable term of construction upon which the fees for Construction Administration Services in this Agreement are based, shall be extended to include the period of construction suspension. This schedule, when approved by the City, shall not, except for cause, be exceeded by the Consultant. In the event the City rejects any schedules submitted by the Consultant, the Consultant shall submit a revised schedule within forty-eight (48) hours of said rejection. Submission of a schedule acceptable to the City and to which the City makes no objection shall be a condition precedent for any payment to the Consultant. Section 2.7 is hereby amended to add the following underlined text: 2.7.3 Notwithstanding the provisions of Subparagraph 2.7.2, in the event that the Contractor fails to substantially complete the Project on or before the Substantial Completion date specified in the Construction Contract or the Contractor is granted an extension of the time to complete performance under the Construction Contract and the Consultant's Contract Administration Services are materially extended by the City as a direct result thereof and through no fault of the Consultant, the Consultant shall be entitled to additional compensation at the rates shown in attached EXHIBIT "2". The amount of compensation due by the Consultant under this Subparagraph shall be pursuant to approved written Amendment to this Agreement. Except as otherwise set forth herein, all other terms and conditions of Sections 2.5 and 2.7 shall remain in full force and effect. 5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the Project Agreement between the parties dated May 27, 2022, shall remain in full force and effect. 5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements or provisions contained in any other document or attachment, including but not limited to Attachment "A", and `B". 47 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. WITNESS: eA - Signature Kristen Lawlor, Sr Director Print Name CMC City Clerk KEITH AND ASSOCIATES, INC. D/B/A KEITH BY:'L— SigiCature Alex Lazowick, President Print Name CITY OF SUNNY ULES BEACH BY: Da obin Goldman, Mayor APPROVED AFO AND LEG S F CIE C BY: c Edward A. ion, City Attorney 48 Attachment "A" Original Project Agreement 49 PROJECT AGREEMENT Between THE CITY OF SUNNY ISLES BEACH And KEITH AND ASSOCIATES, INC. D/B/A KEITH For BELLA VISTA PARK Pursuant to the provisions contained in the Continuing Services Agreement between the City of Sunny Isles Beach ("City") and Keith and Associates, Inc. d/b/a Keith ("Consultant") for Professional Civil Engineering Services pursuant to Request for Qualifications No. 20-07-01 (hereinafter referred to as "Continuing Services Agreement") dated April 30, 2021, this Project Agreement (hereinafter referred to as "Agreement") authorizes the Consultant to provide the services as set forth below: SECTION 1 INCORPORATION OF CONTINUING SERVICES AGREEMENT 1.1 All terms and conditions of the Continuing Services Agreement between the City and the Consultant dated April 30, 2021, not specifically modified by this Agreement shall remain in full force and effect and are incorporated into and made a part of this Agreement by this reference as though set forth in full. SECTION 2 CONSULTANT'S BASIC DUTIES TO CITY 2.1 By executing this Agreement, the Consultant represents to the City that the Consultant is professionally qualified to act as the Consultant for the Project (hereinafter referred to as "the Project") and is licensed to practice engineering by all public entities having jurisdiction over the Consultant and the Project. The Consultant further represents to the City that the Consultant will maintain all necessary licenses, or other authorizations necessary to act as Consultant for the Project until Consultant's duties hereunder have been completed. The Consultant shall be responsible for providing all necessary subconsultants required for the successful completion of the work as outlined in EXHIBIT "1," Scope of Services. The Consultant assumes full responsibility to the City for the improper acts, negligence, and omissions of its subconsultants and of all others employed or retained by the Consultant in connection with the Project. 2.2 VERIFICATION OF CITY DOCUMENTS AND PROJECT SITE 417 50 2.2.1 Execution of this Agreement by the Consultant constitutes a representation that the Consultant has become familiar with the Project site and the local conditions under which the Project is to be implemented. 2.2.2 Consultant shall review, examine, and verify the documents and information furnished by the City concerning the Project site with respect to locations, elevations, and all other existing conditions, etc., before preparing design documents. Consultant shall compare any documents furnished by the City to the Project site to verify dimensions, clearances and the like before preparing design documents. The Consultant shall be solely responsible for any inaccuracies or conflicts that might have been detected or avoided by such verification. 2.3 PRELIMINARY DESIGN 2.3.1 The Consultant shall review and examine the information, including any desired schedule and budgetary requirements, furnished by the City to understand the requirements of the Project and shall review its understanding of such requirements with the City. 2.3.2 The Consultant shall furnish to the City a preliminary written evaluation of such information in light of any Project budget requirements. 2.3.3 The Consultant shall review and discuss with the City any alternative approaches to design and construction of the Project. 2.3.4 The Consultant shall prepare and submit to the City for its review of Preliminary Landscape Plan documents illustrating the scale and relationship of proposed Project components. The Consultant shall be responsible for furnishing a legal description and any necessary survey(s) of the site, including, as may be reasonably required, grades and lines of streets, alleys, pavements and adjoining structures, rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings and other improvements; and information concerning available service and utility lines above and below grade, including inverts and depths. 2.3.5 The Consultant shall submit to the City an estimate of probable construction costs for the Project. 2.4 SIXTY PERCENT DESIGN DOCUMENTS 2.4.1 Based on the Preliminary Landscape Plan documents and any adjustments to that design, the proposed schedule, or Project budget authorized by the City, the Consultant shall prepare and submit to the City for its review, 60% design documents consisting of drawings and other documents to fix and describe the size and character of the Project as to civil, architectural, structural, mechanical and electrical systems; landscape architectural and irrigation design; materials and such other elements as may be appropriate. 418 51 2.4.2 The Consultant shall review its estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5 ONE HUNDRED PERCENT DOCUMENTS 2.5.1 Upon the City's authorization, the Consultant shall prepare 100% design documents consisting of drawings and specifications setting forth in detail the requirements for construction of the Project. Such Construction Documents shall be project specific and shall be accurate, coordinated and adequate for construction, and shall be in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to the City. 2.5.3 The Consultant shall assist the City in preparing and filing all documents necessary to obtain the approval of all authorities having jurisdiction over the Project. This can begin when the design documents are approximately 90% complete. 2.5.4 The Consultant shall be responsible for the preparation of electronic documents to be included in the City bid packages. Such packages shall include copies of all relevant plans, specifications, and other documents upon which the bidding is to be based. 2.5.5 In the event that there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall prepare for the City's approval written addenda as appropriate to interpret, clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall be reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to address bidders' questions and comments at any time during the bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in the evaluation of all bids received for determination of compliance with the bidding requirements. The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, nor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same. 419 52 2.6 ADDITIONAL SERVICES The following services of the Consultant are not included in Sections 2.3 through 2.5, nor in EXHIBIT "1," Scope of Services. Nevertheless, the Consultant shall provide such services as related to the Project if authorized in writing by the City prior to the performance or furnishing of same, and, unless otherwise specified in this Agreement, said services shall be paid for by the City as provided hereinafter. 2.6.1 Making revisions in drawings, specifications or other documents when such revisions are inconsistent with written direction by the City previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents and not reasonably anticipated, or are due to other causes not within the control or responsibility of the Consultant, either in whole or in part. 2.6.2 Preparing drawings, specifications and supporting data in connection with Change Orders, provided that such Change Orders are issued by the City due to causes not within the control or responsibility of the Consultant, either in whole or in part. 2.6.3 Providing services concerning repair or replacement of work damaged by fire or other cause during construction provided that such services are required by causes not the responsibility of the Consultant, either in whole or in part. 2.6.4 Providing services made necessary solely by the default of the Contractor or defects or deficiencies in the work of the Contractor. 2.7 SERVICE SCHEDULE 2.7.1 Upon receipt of the Notification of Commencement and the fully executed Purchase Order, the Consultant shall commence services to the City on the Commencement Date, and shall continuously perform services to the City, without interruption, in accordance with the time frames set forth in the "Project Schedule," a copy of which is attached and incorporated into this Agreement as EXHIBIT "1." The number of calendar days from the Commencement Date, through the date set forth in the Project Schedule for completion of the Project or the date of actual completion of the Project, which ever shall last occur, shall constitute the Contract Time. 2.7.2 No Damages for Delay: The Consultant shall not be entitled to any claim for damages including, but not limited to, loss of profits, loss of use, home office overhead expenses, equipment rental and similar costs on account of delays in the progress of the Project from any cause or national disaster or emergency, unusual delay in deliveries, unusual delay in procuring permits, differing site conditions, unavoidable casualties or other cause beyond the Consultant's control, or by delay authorized by the City, or by other causes which the Consultant determines may justify delay. The Consultant's sole recovery and remedy for any such delay shall be a reasonable extension of time and a revision to the Project Schedule as determined by the City. However, additional costs to the Consultant or delays 420 53 in the Consultant's performance caused by improperly timed activities shall not be the basis for granting a time extension. If the Consultant wishes to make a claim for an increase in time of performance, written notice of such claim shall be made to the City within three (3) working days after the occurrence of the event, or the first appearance of the condition giving rise to such claim. The City's representative shall determine whether the Consultant is entitled to a time extension for the delay. The failure of the Consultant to give such notice shall constitute a waiver of any claim under this section. 2.8 PERSONNEL 2.8.1 The Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those supervisory or primary functions indicated: NAME FUNCTION Alex Lazowick President So long as the individuals named above remain actively employed or retained by the Consultant, they shall perform the functions indicated next to their names. Furthermore, the City reserves the right to reject any proposed substitution for any of the above named individuals, and the City shall have the further right to require that any individual assigned to the Project by the Consultant be removed from the Project and reassigned for good cause. SECTION 3 CITY'S BASIC DUTIES TO CONSULTANT 3.1 The City shall provide the Consultant with adequate information regarding the City's requirements for the Project including any desired or required design or construction schedule, or both, and any budgetary requirements including fixed limit of construction cost, prior to the start of the Construction Documents Phase of design, upon which the Consultant shall be entitled to rely. 3.2 The City shall review any documents submitted by the Consultant requiring the City's decision, and shall render any required decision pertaining thereto in a timely fashion. 3.3 The City shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Construction Contract. 3.4 If the City becomes aware of any fault or defect in the Project, nonconformance with the Construction Contract, or of any errors, omissions or inconsistencies in the drawings or specifications, prompt notice thereof shall be given by the City to the Consultant. 3.5 The City shall perform those duties set forth in Sections 3.1 through 3.4 as expeditiously as may reasonably be necessary for the orderly progress of the Consultant's services and of the work. 421 54 3.6 The City's review of any documents prepared by the Consultant or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the City's construction program and intent. No review of such documents shall relieve the Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. SECTION 4 CONSTRUCTION COSTS 4.1 If the cost of construction exceeds the cost agreed upon by the City by more than 5% of the lowest bona fide bid or negotiated proposal, the City may (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of the Project, (3) terminate the Project and this Agreement in accordance herewith, or (4) cooperate in revising the Project scope or quality, or both, as required to reduce the construction cost. In the case of (4), the Consultant, without additional charge to the City, shall consult with the City and shall revise and modify the drawings and specifications as necessary to achieve compliance with the cost agreed upon by the City. Absent negligence on the part of the Consultant in making its estimates of probable construction cost, providing such modifications and revisions shall be the limit of the Consultant's responsibility arising from the establishment of such construction costs, and having done so, the Consultant shall be entitled to compensation for all other services performed, in accordance with this Agreement. SECTION 5 BASIS OF COMPENSATION 5.1 The City shall compensate the Consultant for an amount not to exceed $79,430.00 based on services rendered pursuant to Sections 2.3 through 2.5 and EXHIBIT "I," Scope of Services. Billings for each phase shall not exceed the amount allocated to each phase. 5.2 Payment to the Consultant of the sum set forth in Section 5.1 shall be allocated for work completed for each of the following tasks: Task 101 - Boundary and Topographic Survey .......................................... $10,000.00 Task 102 - Mean High Water Survey (Optional Service) ............................. $2,500.00 Task 103 - Existing Easement Research (By Subconsultant - Paramount Title Services) — Optional Services..........................................................................................$1,350.00 Task 201 - SUE Horizontal Designation Services ........................................ $2,000.00 Task 202 - SUE Location Services............................................................... $3,250.00 Task 203 - SUE Utility Mapping.................................................................. $1,400.00 Task 204 - Geotechnical Testing and Reporting (NV5 — Geotech Sub.)...... $5,250.00 Task 301 - Site Plan Preparation and Processing .......................................... $67000.00 Task 401 - Preliminary Engineering / Design Development Plans .............. $5,000.00 Task 402 - Engineering Construction Documents ........................................ $8,000.00 422 55 Task 403 - Engineering Permitting............................................................... $9,500.00 Task 501 - Electrical Construction Documents (CD) (SGM Engineering - Electrical Sub.) .....................................................................................:................................. $2,680.00 Task 601 - Structural Construction Documents (CD) and Permitting — New Seawall (Trident — Structural / Environmental Sub.) ................................................. $6,500.00 Task 701 - Preliminary Landscape / Design Development Plans ................. $6,500.00 Task 702 - Landscape Construction Documents .......................................... $9,500.00 5.3 Additional services of the Consultant as described in Section 2.6, if any, shall be compensated as follows: See EXHIBIT "1" of this Agreement "Fee Schedule" — 5.4 Reimbursable Expenses as defined in Section 6 shall be reimbursed to the Consultant by the City as provided in Section 6. 5.5 If the scope of the Consultant's services are changed materially through no fault of the Consultant, compensation due to the Consultant shall be equitably adjusted, either upward or downward. SECTION 6 BILLING AND PAYMENTS TO CONSULTANT 6.1 Billing by the Consultant shall be in accordance with EXHIBIT "1" of this Agreement. Payments to the Consultant shall also be in accordance with EXHIBIT "F" of the Continuing Services Agreement and EXHIBIT "1" of this Agreement. 6.2 REIMBURSABLE EXPENSES 6.2.1 Reimbursable Expenses shall mean expenses incurred by the Consultant and Consultant's subconsultants in the interest of the Project, as follows: Not to exceed $3,500.00 without prior written authorization by the City. 6.2.1.1 Reasonable expenses of: mileage reimbursement in accordance with Chapter 112, Florida Statutes; fees paid for securing approval of authorities having jurisdiction over the Project; actual cost of reproduction, postage and handling of drawings, specifications and other documents; renderings, models and mock-ups requested by the City; additional insurance coverage or limits, including professional liability insurance, requested by the City in excess of that required in the Request For Qualifications. The Consultant shall only be reimbursed for the direct cost of the item without additional mark-up. Costs for meals, snacks, and beverages are not considered a reimbursable expense. 423 56 SECTION 7 TERM 7.1 This Agreement shall commence on the date this instrument is fully executed by all parties and shall continue in full force and effect for a term of two (2) years unless otherwise terminated pursuant to Section 8.1 or 8.2, or other applicable sections of this Agreement. SECTION 8 TERMINATION 8.1 TERMINATION FOR CAUSE 8.1.1 This Agreement may be terminated by either party upon seven (7) days' written notice to the other should. such other party fail substantially to perform in accordance with its material terms through no fault of the party initiating the termination. In the event of a termination for cause, the Consultant shall be entitled to receive compensation for any work completed pursuant to the Agreement to the satisfaction of the City through the date of termination, less any amounts which the City reasonably deems necessary to withhold in order to correct any defects or deficiencies in the work performed by the Consultant. In no event shall the City pay for profit or overhead on work not performed. 8.2 TERMINATION FOR CONVENIENCE 8.2.1 This Agreement may be terminated by the City without cause upon ten (10) days' written notice to the Consultant. In the event of such a termination without cause, the Consultant shall be compensated for all services completed pursuant to this Agreement to the satisfaction of the City up to and through the date of termination, together with Reimbursable Expenses incurred. In such event, the Consultant shall promptly submit to the City its invoice for final payment and reimbursement which invoice shall comply with the provisions of Section 2.5 of EXHIBIT "F" of the Continuing Services Agreement. 8.2.2 Under no circumstances shall the City make payment of profit or overhead for. work that has not been performed. Additionally, the City shall not make payment for the following items: 8.2.2.1 Anticipated profits or fees to be earned on completed portions of the work; 8.2.2.2 Consequential damages; 8.2.2.3 Costs incurred in respect to materials, equipment or services purchased or work done in excess of reasonable quantitative requirements of this Agreement; 8.2.2.4 Expenses of Consultant due to the failure of Consultant or its subconsultants to discontinue the work with reasonable promptness after notice of termination has been given to the Consultant; and 8.2.2.5 Losses upon other contracts or from sales or exchanges of capital assets or Internal Revenue Code Section 1231 assets. 424 57 8.2.2.6 Damage or loss caused by delay. 8.3 Assignment Upon Termination. Upon termination of this Agreement, the work product of the Consultant shall become the property of the City and the Consultant shall within ten (10) working days of receipt of written direction from the City, transfer to either the City or its authorized designee, all work product in its possession, including but not limited to, designs, specifications, drawings, studies, reports and all other documents and data in the possession of the Consultant pertaining to this Agreement. Upon the City's request, the Consultant shall additionally assign its rights, title and interest under any subcontractor's agreements to the City. All work product provided under this Section shall be used solely for its intended purpose. SECTION 9 SEVERABILITY 9.1 If any term or provision of this Agreement or its application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. [SIGNATURE PAGE TO FOLLOW] 425 58 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: the City, signing by and through its Mayor, attested to by its City Clerk, duly authorized to execute same and by Keith and Associates, Inc. d/b/a Keith, signing by Alex Lazowick and through its President duly authorized to execute same. A City Verlk Mauricio B (SEAL) CITY CITY OF SUNNY ISLES BEACH, FLORIDA By: Dana Robin Goldman, Mayor :?*day of , 2022. Approved as to form for the City: Edward A. Dion, City Attorney By: L, Edward A. Dion Z,-- City Attorney 426 59 CONSULTANT Keith and Associates, Inc. dba KEITH 20th day of April , 2022. _" s7�317/*""') f ' '/ a-, G /�� Please type name of Secretary (CORPORATE SEAL) WITNESSES: �Z. GG F '. ti► ' SEAL I 0 ��r fi�OR10�' •'' � ,� 1%- C4 V 60 KEI TH Engineering inspired Design. WORK AUTHORIZATION PURSUANT TO THE CONTINUING PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF OF SUNNY ISLES BEACH AND KEITH AND ASSOCIATES, INC. (KEITH) pFil n 2022 ApFil 14, 292 April 19, 2022 WORK AUTHORIZATION NO. # 04 TASK ORDER NO. (CITY No. TBD) PROJECT NO.11723.04 (KEITH) PROJECT NAME: Bella Vista Park Project Location: 500 Sunny Isles Beach Blvd., Sunny Isles Beach, FL 33160 PROJECT The City of Sunny Isles Beach (CITY/OWNER/CLIENT) has requested that KEITH (CONSULTANT) provide Civil Engineering and Landscape Architecture professional services for the development of a new park at the Bella Vista Park site. The property is identified within Folios # 31-2214-007-0210. The property is owned by the City of Sunny Isles. The existing park property is located on the southeast corner of the Sunny Isles Beach Blvd (S.R. 826) bridge and the Intracoastal Waterway. The overall property is approximately 0.9 acres. The CITY has requested KEITH to develop Construction Documents consisting of: 1. Install new seawall to replace existing Rip -Rap Embankment to fill-in area and maximize uplands. 2. Construct a small building consisting of: a. Marine patrol office, open concept welcome kiosk station for kayak/paddle board rentals. b. City would like to use existing concrete slab as building foundation. The City advised that the building will be designed by City selected Architect under separate contract but will require KEITH to closely coordinate with them. 3. Provide baywalk connection alternatives. Site may have significant elevation changes with the adjacent new Chabad building currently under construction (approx. 8' NGVD). City advised that alternative baywalk connection solution may be to connect the Chabad' baywalk and wrap it along the alley and not connect it to the park. 4. Wastewater service to the new building will need to use a new grinder pump station . 5. Site lighting should be limited to life safety only. Park will not be open at night. 6. Landscape and Hardscape Improvements consistent with other existing parks throughout the City. The City indicated that they will allow variations in hardscape elements from other parks but in addition to aesthetics, durability and low maintenance is key. www.KEITHteam.com pompano beach (HQ) • fort Lauderdale • miami • west palm beach • orlando • tallahassee 428 61 Page 2 of 14 11723.04 — Bella Vista Park City of Sunny Isles Beach Per the CLIENT, the following professional services are to be included in the proposal: 1. Surveying by KEITH 2. Civil Engineering by KEITH 3. Landscape Architecture by KEITH 4. Geotechnical Testing by subconsultant (NV -5) 5. Site Lighting by subconsultant (SGM) 6. Marine Structural Design and Environmental Permitting for new Seawall by subconsultant (Trident) Per the CLIENT, the following deliverable/phases are to be included in the proposal: • Design Development Plans (including Civil and Landscape). • Initial Construction Documents (60% CDs) • Final Construction Documents (100% CDs) SCOPE OF SERVICES Project Areas — Site Map 5<1 Engineering Inspired Design. 429 62 Page 3 of 14 11723.04 — Bella Vista Park City of Sunny Isles Beach SURVEY SERVICES Task 101 Boundary and Topographic Survey KEITH shall prepare a Boundary and Topographic Survey of the site. Survey shall show the boundary lines together with surface improvements such as buildings, roadways, pavement, sidewalks, traffic striping, walls, fences, surface utilities, etc. Topography includes surrounding rip -rap, boulders and neighboring southern seawall. As -built of dock, piles, electrical hook-ups,etc. (below deckfeatures excluded). Includes soundings of submerged are to the approximate boundary as depicted in yellow. Storm and Sanitary structures shall be noted with the pipe invert elevation, diameter, material, and direction. Off-site survey along the service road up to the existing sanitary sewer manhole to the east of the site. Elevations shall be shown at an interval of approximately 50 feet, including intermediate changes in grade. Note: Vertical Datum for this survey shall be NGVD 1929 unless otherwise directed by Client and the Horizontal Datum shall be NAD 83/2011. Task 102 Mean High Water Survey (Optional Service) KEITH shall prepare a Mean High Water Survey. Survey to determine the Mean High Water Line following the guidelines set by the Bureau of Surveying and Mapping, Florida Department of Environmental Protection. Note: Vertical Datum for this survey shall be NGVD 1929 unless otherwise directed by Client and the Horizontal Datum shall be NAD 83/2011. 5<1 Engineering Inspirer! Design. 430 63 Page 4 of 14 11723.04 — Bella Vista Park City of Sunny Isles Beach Task 103 Existing Easement Research (By Subconsultant - Paramount Title Services) — Optional Services The Subconsultant (Paramount Title Services) will prepare an on-site easement and adjoining right- of-way search. This is not a title commitment. Results of such search will be provided to KEITH to include as part of the Boundary and Topographic Survey. This task is offered as Optional Services in lieu of the City/Client supplying KEITH with all documents covering easements, encumbrances, Title Commitment and exception documents referenced therein. Survey will include review, depiction and/or notation of applicable documents. SUBSURFACE UTILITY ENGINEERING (SUE) SERVICES KEITH will follow ASCE Standard 38-02 — "Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data" during the field and office operations for this project. The quality levels discussed below are defined within the standard. KEITH is to provide professional services associated with designation, location, and mapping of existing subsurface utilities within the depicted survey limits. KEITH shall designate all known tone able and non -tone able utilities. Gravity systems, service laterals, irrigation or overhead facilities are not included in this investigation. Task 201 SUE Horizontal Designation Services KEITH will horizontally mark any known tone able and non -tone able underground utilities that are represented on as -built plans, above ground appurtenances, and other miscellaneous utility records (to be provided by CLIENT). Conductive utilities will be marked on the surface utilizing active geophysical prospecting techniques in conjunction with electromagnetic equipment utilizing passive radio and audio frequencies. Known non-conductive utilities and/or structures will be marked on the surface utilizing Ground Penetrating Radar (GPR), above ground features, professional judgment, utility plats and/or as-builts. This task does not include identifying gravity systems, service laterals, irrigation, or overhead facilities unless specifically requested by the CLIENT and included in the scope of services. Task 202 SUE Location Services KEITH will perform up to five (5) test holes at specific sites requested by the design engineer. Test holes will be utilized to expose utilities to minimize any potential for damage. Test holes performed will be of minimum size (usually 1' by 1'). Backfill of test holes will be performed utilizing the removed material, if suitable. Areas will be restored back as close as possible to their original condition. Installation of an identifiable above ground marker will be performed at each test hole location. Field markers will consist of a nail and disk in asphalt, or an iron rod and cap with survey stake in grassed areas. Test holes performed in the street will be patched using cold patch. The test hole number and utility will be identified on the ground or on the stake, as appropriate. A test hole summary report will be created providing coordinates, depth of cover, type, size, and material if applicable. Subsurface Utility Engineering Conditions and Understandings CLIENT and/or their contractor is required by law to contact Sunshine State One Call of Florida forty-eight (48) hours in advance of any CLIENT excavation. KEITH will not access confined spaces. If confined spaces need to be accessed for locating purposes, then the client will be notified, and further arrangements will be made for said access. Additional fees may be applicable. If additional MOT is required beyond the capability of KEITH's standard MOT operations, KEITH will notify the client. Additional requests outside the scope of services, when requested by client and/or client's representative, will be invoiced on an hourly basis. This proposal assumes site access is available and work can be performed between the hours of 7:30 AM and 5:00 PM Monday through Friday. Z11 Engineering Inspired Design. 431 64 Page 5 of 14 11723.04 — Bella Vista Park City of Sunny Isles Beach Task 203 SUE Utility Mapping KEITH will perform surveying services to collect the surface markings completed in Task 201 and/or Task 202 that mark the underground utilities. Survey of said markings shall be based on Real -Time Kinematic (RTK) GPS observations and referenced to the Florida State Plane Coordinate System (NAD83/11) and the National Geodetic Vertical Datum of 1929 (NGVD29). Survey of Horizontal Designations shall be delivered in a geo-referenced (NAD83/11) AutoCAD file. Survey of Location Services (Test Holes) shall be delivered in Excel in PNEZD format. GEOTECHNICAL ENGINEERING SERVICES (NV5 - Geotechnical Sub.) Refer to Exhibit'A' — NV5 (Sub -Consultant) Geotechnical Engineering Services Scope and Fees. Task 210 Geotechnical Testing and Reporting (NV5 - Geotechnical Sub.) Provide geotechnical engineering testing and reporting services by NV5 (Geotechnical Consultant) for the new Park located in the City of Sunny Isles Beach in Florida. We propose drilling two borings. One of the borings would be drilled to around 40 to 50 feet below grade close to the shoreline. A second boring will be drilled further inland and will extend to 15 to 20 feet below grade. Proposed boring locations are shown with red circles in the image below. We have not visited the site, and assume at this time that we can access the site from the parking lot to the north, or the property immediately east. Boring locations could shift due to actual site conditions. The borings will be drilled utilizing the rotary wash method with a truck -mounted drill rig. Samples of the subsurface materials encountered will be collected continuously down to 10 feet below ground surface. Below that depth the sampling will be performed at roughly 5 -foot intervals. Sampling will be performed using a Standard Penetration Test (SPT) sampler per ASTM D-1586. Upon completion of the borings, the boreholes will be grouted to the ground surface. 2. In addition to the borings, we propose performing one (1) field permeability test to provide information for drainage design at the site. The test will be performed to 15 feet below the existing grade in general accordance with the South Florida Water Management District's Engineering Inspired Design, 432 65 Page 6 of 14 11723.04 — Bella Vista Park City of Sunny Isles Beach Usual Open Hole Procedure. Upon completion of the test, the borehole will be abandoned with grout to the ground surface. Test location can be coordinated with the project civil engineer as appropriate. 3. For performing the fieldwork, NV5 will contact Sunshine One Call for advice about the location of underground utilities. Additionally, we require that any other available information regarding the location of underground utilities be provided to us. NV5 cannot be held responsible for damage to below ground structures or utilities that are not identified to us. We specifically request any available information about the location of underground utilities for this project. 4. An NV5 representative will layout test locations based on the furnished drawings. NV5 will perform borings in areas that are indicated to be free from underground utilities. 5. Based on our field data we will perform engineering analyses and prepare an engineer report with evaluations and discussions of the geotechnical aspects of the proposed development, and provide geotechnical recommendations for design and construction. Specifically, the report will provide: • Drawings showing test locations, a graphic summary of the generalized subsurface conditions, and boring logs with detailed descriptions of the materials encountered. • Discussion of generalized subsurface conditions at the site including groundwater including hydraulic conductivity. • Discussion of feasible foundation type(s) for the proposed construction. • Design parameters for the recommended foundation type, including vertical and lateral load resistance, including recommendations for driven piling for the bulkhead and dock. • Estimates of foundation settlements. • Modulus of subgrade reaction for any slabs on grade. • Design parameters for sheet piles including unit weight, angle of internal friction, and earth pressure coefficients • Recommendations for site preparation and grading, including the re -use of site -excavated materials for fill, fill placement and compaction, and slab and pavement subgrade preparation. • Construction considerations including excavation support and dewatering, impacts of existing foundations, and impacts for adjacent structures. The report will be signed electronically and sealed by a professional engineer licensed in the State of Florida. PLANNING SERVICES Task 301 Site Plan Preparation and Processing KEITH will develop up to three (3) Conceptual Design options for City's review. Based on client feedback, up to two (2) revisions will be developed to define the preferred design direction to be moved forward into the Design Development phase. Concept package shall include: a. Illustrative Site Plan(s) b. Supporting Diagrams c. Character Imagery Once the City has selected the preferred concept, KEITH will prepare one (1) dimensioned / detailed Site Plan in accordance with the requirements of the City Land Development Code which will include proposed building locations, vehicular circulation, required landscape areas/buffers, parking requirements, setbacks, dumpster location, fire access and other issues required by City Land Engineering Inspired Design. 433 66 Page 7 of 14 11723.04 — Bella Vista Park City of Sunny Isles Beach Development Code. KEITH shall process one (1) Site Plan application which encompasses the project through the City. Services include assisting with the preparation of the application and submittal requirements. Additional tasks associated with the conditions of the development order, additional tasks related to the DRC approval and/or CLIENT comments, may be required. If required, KEITH will provide these additional services under a separate agreement. CIVIL. ENGINEERING SERVICES Task 401 Preliminary Engineering / Design Development Plans The Preliminary Plans are for CITY and/or City's Planning and Development Services Department to review and approve the preliminary design. KEITH will utilize the topographic survey prepared by KEITH under Task 101 and prepare a conceptual site plan for the new park. The preliminary engineering plan shall include available existing utility information collected from various sources (City, utility providers etc.). This preliminary utility information will be relied upon by KEITH in the preliminary design phase. Final design may require additional survey and/or Subsurface Utility investigation to verify the preliminary information supplied. Preliminary water, sanitary sewer and drainage calculations shall be performed to address the impacts of the proposed development relating to the requirements of the site plan submission. One preliminary engineering plan will be prepared based on the supplied conceptual site plan provided by the CITY. The preliminary plans will contain the location of the proposed site lighting as designed by the Site Lighting Electrical subconsultant (SGM). KEITH shall attend one (1) coordination meeting with the CITY and City's Planning and Development Services Department to review the preliminary design, code and integration of the design with existing conditions (including utilities/trees/etc.) and environmental impacts of the project. KEITH will coordinate with the CITY and other team members in the preparation of plans to avoid conflicts between disciplines. KEITH shall coordinate, prepare for and attend meetings with Government Agencies, including project orientation meetings for base -line design agreements, review with City Planning, Zoning, Fire Marshall, Engineering, and Utility representatives, and coordinate with applicable State, and County Agencies required for final permit submittals. Deliverables 1. Preliminary Engineering / Design Development Plans. 2. Preliminary Water, Sanitary Sewer and Drainage Calculations as required. 3. Meetings and Team Coordination — During the specified duration ,in the project schedule, the KEITH team will attend up to three (3) required meetings and coordination. It is assumed all meetings will be in South Florida. Task 402 Engineering Construction Documents (CD) On-site Paving, Grading, and Drainage Plans KEITH shall prepare on-site paving, grading, and drainage construction plans, to support the proposed development, that meet the requirements of the jurisdictional regulatory agencies. Engineering Inspired Design. 434 67 Page 8 of 14 11723.04 — Bella Vista Park City of Sunny Isles Beach Calculations shall be performed to address the impacts of the proposed development relating to the requirements for permit agency submittal. The stormwater management system will address water quality treatment and water quantity storage to meet the requirements of the jurisdictional agencies. It is anticipated that the proposed drainage system will consist of a series of catch basins, pipes, swales and perhaps exfiltration trenches. Typical sections and standard paving and drainage details and notes for the construction of the paving, grading, and drainage system are included. Soils percolation tests to satisfy regulatory agency requirements will be performed by the geotechnical subconsultant (NV -5). Off-site roadway improvements, other than direct driveway connections, are not included in this scope of work. On-site Water Distribution and Sanitary Sewer Plans KEITH shall prepare combined water distribution and sanitary sewer system plans to service the proposed improvements. It is assumed that there is existing water and sanitary sewer service readily available to the site and have sufficient capacity to provide service to the new park site. Off-site water improvements (including new water services and/or meters) are not included in the scope of work. North Miami Beach (NMB) Utilities is the water service provider and it is anticipated that the existing water service and meter located near the north east corner of the site will provide the required service. The sanitary sewer improvements will consist of a proposed on-site "private" grinder station and a proposed off-site force main extension connecting into the existing public sanitary sewer manhole located east along the service road to provide service to the site. Miami -Dade Water and Sewer Department (MDWASD) is the sanitary sewer service provider. It is anticipated that the proposed on-site "private" grinder station will be a MOPS station. Erosion Control Plan KEITH shall prepare an Erosion Control Plan for the project that meets the requirements of the regulatory agencies and for the Contractor's use in preparing and processing the required Stormwater Pollution Prevention Plan (SWPPP), in compliance with the "Generic Permit for Stormwater Discharge from Large and Small Construction Activities (CGP)" through FDEP. The Erosion Control Plan(s) shall include standard details and notes to meet the requirements of the regulatory agencies. On-site Demolition Plan KEITH shall prepare a Demolition Plans incorporating removal of the existing improvements in conflict with the proposed improvements. This plan shall include standard details and notes. Should permitting be required for this work, it will need to be provided by a licensed demolition contractor. Note: The use of explosive demolition materials and the assessment for or removal of hazardous materials or toxic waste are not included in these services and will not be incorporated in the Demolition Plan. Deliverables 1. Construction Documents (60% and Final Construction Documents) for above referenced Plans. 2. Specifications — For above referenced Design Elements (specifications may be included in the plan sheets or a separate document for inclusion in the Contract Document Specification book.) 3. Water Sewer and Drainage Calculations as required. 4. Itemized Opinion of Probable Construction Cost. Items and Quantities to be used by City as Bid Tabulation. 5. Meetings and Team Coordination — During the specified duration in the project Engineering Inspired Design. 435 68 Page 9 of 14 11723.04 — Bella Vista Park City of Sunny Isles Beach schedule, the KEITH team will attend up to three (3) required meetings and coordination. It is assumed all meetings will be in South Florida. Task 403 Engineering Permitting KEITH shall attend required pre -application meetings with agencies having jurisdiction over the facilities designed by KEITH, and prepare and submit the permit applications for the construction of the following improvements and process them through the following regulatory agencies: Development Review • Site Plan/Design Review through the City of Sunny Isles Beach. • Floodplain Management. Water and Sewer System • Miami -Dade Water and Sewer Department (MDWASD) — Sanitary Sewer service provider. • Miami -Dade County DERM —Wastewater. • North Miami Beach Water and Sewer Department (NMB) — Water service provider. • City of Sunny Isles Beach Engineering Department. • Florida Department of Transportation (FDOT) — Utility Connection Permit. Paving, Grading, and Drainage System • Miami -Dade County DERM — Water Control Section (WCS). • City of Sunny Isles Beach Engineering Department. • Florida Department of Transportation (FDOT) — Driveway Connection and Drainage Connection Permits. Not included. • Coordination with the Structural and Environmental Engineering (Sub -Consultant) for Processing the required Seawall Permits through: o US Army Corps of Engineers (ACOE) — ERP o Florida Department of Environmental Protection (FDEP) — ERP o Miami -Dade County DERM Class I — Coastal Resources Section. Pavement Markings and Signage • Not Applicable If additional permits are required, KEITH shall process them and the fees for these additional services will be submitted to CLIENT as additional services under a contract addendum if required. Deliverables 1. Permit applications and submittal documents required for above listed regulatory agencies for the listed project improvements. ELECTRICAL ENGINEERING DESIGN SERVICES (SGM Engineering - Electrical Sub.) Refer to Exhibit `B' — SGM Engineering (Sub -Consultant) Electrical Engineering Services Scope and Fees. Task 501 Electrical Construction Documents (CD) (SGM Engineering - Electrical Sub.) Provide electrical engineering services for the design documents of the new life safety lighting for the new park added for the Bella Vista Park located in the City of Sunny Isles Beach in Florida. The following elements will be addressed in the design phase: 5<1 Engineering Inspired Design. 436 69 Page 10 of 14 11723.04 — Bella Vista Park City of Sunny Isles Beach Visit the site where the new park is going to be built to investigate and survey the following conditions of the area: a. Record all existing electrical utilities in the area that are required to be removed or relocated to make space for the new park. 2. Provide design for new electrical underground branch circuits (conduit and wire) for the life safety lighting added to the park. All design associated with upland portions and excludes new dock. 3. Provide lighting fixture schedules for all life -safety lighting. 4. Provide selection of code complaint (wind load) parking lot poles with associated bases and underground boxes. Provide new panelboards and circuit breakers at existing buildings for source of power for all lighting fixtures and irrigation equipment. 6. Design documents will include electrical book of construction specifications. LEED administration or design services are not included in this proposal. These services can be provided by SGM at additional cost. STRUCTURAL AND ENVIRONMENTAL ENGINEERING DESIGN SERVICES (Trident — Structural and Environmental Sub.) Refer to Exhibit 'C' — Structural and Environmental Engineering (Sub -Consultant) Scope and Fees. Task 601 Marine Structural Construction Documents (CD) and Permitting — New Seawall (Trident — Structural i Environmental Sub.) Provide detailed drawings and specifications for County, State, Federal and Municipality Approval, including plans, cross sections, layout, details and calculations. Prepare and submit the permit applications for the construction of the new seawall for the new Bella Vista Park and process them through the following regulatory agencies: • US Army Corps of Engineers (ACOE) — ERP • Florida Department of Environmental Protection (FDEP) — ERP • Miami -Dade County DERM Class I — Coastal Resources Section. • City of Sunny Isles Beach Engineering Department. LANDSCAPE ARCHITECTURE SERVICES Task 701 Preliminary Landscape I Design Development Plans (DD) KEITH will prepare for the approval of the Client the Preliminary Landscape Plans. The purpose of this task is to work collaboratively with the design team to finalize the optimum arrangement of all program and site design elements. These drawings will be in sufficient detail for submittal to the City's Planning and Development Services Department for review and approval of the preliminary design. The following elements will be addressed in the Preliminary / Design Development phase: 1. Site program a. Landscape treatment and design approach for each development zone, including refinement of design concepts for all outdoor spaces. b. Hardscape and vehicular treatments. c. Pedestrian circulation and access issues identified in conceptual programming. Engineering Inspired Design. 437 70 Page 11 of 14 11723.04 — Bella Vista Park City of Sunny Isles Beach Deliverables 1. KEITH will develop drawings, plans, sections and other information to describe the nature, quality, and scope of site elements of the project. 2. KEITH will furnish the design development submittal, which will be sufficient detail for Site Plan Submittal for Landscape. This submittal also includes a revision for response to City Comments. Changes to the plan due to other disciplines are not included. a) Landscape Plan — Specification, quantity, layout, notes and details. b) Irrigation Statement — Indicate water source and general requirements. 3. Meetings and Team Coordination — During the specified duration in the project schedule, KEITH will attend all required meetings and coordination. It is assumed all meetings will be in South Florida. NOTE: This task includes one (1) drawing revision with corresponding comment response letters with the intent of obtaining city approval. If additional revisions are required as a result of city, CLIENT and/or Design Team changes, a contract addendum will be submitted to the CLIENT. Task 702 Landscape Construction Documents (CD) Based on the approved Design Development phase, KEITH will develop the construction documents in coordination with the overall design team and CLIENT. The drawings will be developed in a 60% or preliminary documentation for review and coordination, as well as a final for Permit or 100% Construction Documentation. Deliverables 1. Construction Documents (60% and Final Construction Documents) a. Hardscape & Layout Plan — Material type and layout. b. Sitework Details — General details and section/elevations for character and project understanding - All structural engineering by others and not included in this proposal. c. Landscape Plan and Details — Specific elements, specification, quantity, layout, notes and details. d. Irrigation Plans and Details — Point of connection, head layout, piping, equipment schedule and details. e. Site Furniture — Furniture layouts and specific catalog cuts and material selections. 2. Specifications — For above referenced Design Elements (specifications will be included in the plan sheets). 3. Itemized Opinion of Probable Construction Cost. Items and Quantities to be used by City as Bid Tabulation. 4. Meetings and Team Coordination — During the specified duration in the project schedule, KEITH will attend all required meetings and coordination. It is assumed all meetings will be in South Florida NOTE. • This task includes one (1) drawing revision (after the release of 100% Construction Drawings) in response to City comments. If additional revisions are required as a result of CLIENT and/or Design Team changes, a contract addendum will be submitted to the CLIENT. * CONSTRUCTION 1 PROJECT MANAGEMENT SERVICES Construction / Project Management Services are not included in this scope of work. If required, the CONSULTANT will be pleased to provide additional services under a separate agreement. PROJECT SCHEDULE Engineering Inspired Design, 438 71 Page 12 of 14 11723.04 — Bella Vista Park City of Sunny Isles Beach Subsequent to the issuance of a Purchase Order from the CITY, CONSULTANT shall commence work on the project. We anticipate commencing work within 5 business days from notice to proceed, completing the prescribed work within six (6) months. Table 1 Schedule Estimate of Services Task 101 - Boundary and Topographic Survey 6 weeks Task 102 — Mean High Water Survey (Optional Service) 6 weeks Task 103 Existing Easement Research (By Subconsultant - Paramount Title Services) — Optional Services 4 weeks Task 201 - SUE Horizontal Designation Services Concurrent with Task 101 Task 202 - SUE Location Services 2 weeks Task 203 -SUE -Utility Mapping Concurrentwith Task 202 Task 204 - Geotechnical Testing and Reporting (NV5 — Geotech Sub.) Concurrent with Task 401 Task 301 - Site Plan Preparation and Processing 2 months Task 401 - Preliminary Engineering / Design Development Plans 1 month Task 402 - Engineering Construction Documents 3 months Task 403 - Engineering Permitting 2 to 3 months Task 501 - Electrical Construction Documents (CD) (SGM Engineering - Concurrent Electrical Sub.) with Task 401 Task 601 - Structural Construction Documents (CD) and Permitting — New Seawall Trident — Structural / Environmental Sub. 6 months Task 701 - Preliminary Landscape / Design Development Plans Concurrent with Task 401 Task 702 - Landscape Construction Documents Concurrent with Task 402 Engineering Inspired Design. 439 rZ1 72 Page 13 of 14 11723.04 — Bella Vista Park City of Sunny Isles Beach Schedule Disclaimer: Considering the ongoing outbreak of the Coronavirus 2019 (COVID-19), KEITH remains fully committed to pursuing the completion of our work in a safe, diligent, and reasonable manner under the current circumstances based on the schedule provided. It is possible that we will encounter certain delays because of this pandemic. Potential impacts may include, but are not limited to, labor shortages due to mandated quarantine regulations, material shortages and significant delays in lead times because of factory closings across the globe. We will continue to monitor the situation and advise of any delays resulting from the impacts of the current worldwide health scenario. CITY'S RESPONSIBILITY The CITY shall assist CONSULTANT with the following items to expedite the completion of the project in an effective manner. A. Designate a representative(s) who shall have the authority to transmit instruction, receive information and enunciate policies and decisions. B. Provide access to and obtain permission for CONSULTANT to enter upon public lands as required at no additional cost to perform observations or other necessary services under this Agreement. C. Make available to CONSULTANT all existing information which may in any way be pertinent to the project. D. Assist in contacting all permitting agencies to facilitate expediting reviews and/or approvals. ADDITIONAL SERVICES Consultant shall not perform any additional services without the written consent of the CITY. Services performed beyond the Scope of Services described above shall be considered additional services and will be presented to the CITY as an Addendum to this Agreement prior to initiating the work. Additional services shall be invoiced on a time and material basis in accordance with our current Professional Service Fee Schedule or on a lump sum basis if a scope of service can be defined. Engineering Inspired Design, 440 73 Page 14 of 14 11723.04 — Bella Vista Park City of Sunny Isles Beach COMPENSATION Consultant shall invoice the City for services rendered under this Agreement on a lump sum basis, unless otherwise stated, and in accordance with the terms and conditions of the Continuing Services Agreement for Professional Engineering Services between the City of Sunny Isles Beach and KEITH. Table 2 Budget Estimate of Engineering Services Task 101 -Boundary and Topographic•Surve rY Y $10,000(Lump Sum Task 102 - Mean High Water Survey (Optional Service) $2,500(Lump Sum Task 103 - Existing Easement Research (By Subconsultant - Paramount Title Services) — Optional Services $1,350 (Lump Sum) Task 201 - SUE Horizontal Designation Services $2,000(Lump Sum Task 202 - SUE Location Services $3,250(Lump Sum Task 203 - SUE Utility Mapping $1,400(Lump Sum Task 204 - Geotechnical Testing and Reporting (NV5 — Geotech Sub.) $5,250 (Lump Sum) Task 301 - Site Plan Preparation and Processing $6,000(Lump Sum Task 401 - Preliminary Engineering / Design Development Plans $5,000(Lump Sum Task 402 - Engineering Construction Documents $8,000(Lump Sum Task 403 - Engineering Permitting $9,500(Lump Sum Task 501 - Electrical Construction Documents (CD) (SGM Engineering - Electrical Sub.) $2,680 (Lump Sum) Task 601 - Structural Construction Documents (CD) and Permitting — New Seawall (Trident — Structural / Environmental Sub. $6,500 (Lump Sum) Task 701 - Preliminary Landscape / Design Development Plans $6,500(Lump Sum Task 702 - Landscape Construction Documents $9,500(Lump Sum CONSULTANT'S TOTAL COMPENSATION $79,430 Lump Sum) DIRECT EXPENSES / REIMBURSABLES $3,500 (Time and Materials) TOTAL FEE $82,930(Lump Sum "CITY": CITY OF SUNNY ISLES BEACH in CONSULTANT: KEITH By: ALEX LAZOWICK President Engineering Inspired Design. 441 74 � KEITH CITY OF SUNNY ISLES BEACH - PROFESSIONAL SERVICE FEE SCHEDULE Hourly Rate ProjectExecutive.................................................................................................. .......................$350.00 ExpertWitness...........:.................................................................................................................$500.00 GovernmentLiaison.....................................................................................................................$400.00 SeniorProject Manager...............................................................................................................$225.00 ProjectManager III....................................................................................................................... $175.00 ProjectManager II.................................................................................:......................................$140.00 ProjectManager I.........................................................................................................................$120.00 Assistant Project Manager...........................................................................................................$100.00 Senior Traffic Engineer................................................................................................................$175.00 TrafficEngineer............................................................................................................................$125.00 EngineerIII..................................................................................................................................$110.00 EngineerII.................................................................................................................................... $100.00 EngineerI................................................................................................................................... $90.00 Senior Construction Manager...................................................................................................... $180.00 ConstructionManager.................................................................................................................. $150.00 EngineeringInspector III.............................................................................................................. $125.00 EngineeringInspector II............................................................................................................... $100.00 EngineeringInspector I................................................................................................................ $90.00 Chief Surveyor............................................................................. ........ ........................ $175.00 SeniorSurveyor & Mapper..........................................................................................................$150.00 Project. Surveyor 11.......................................................................................................................$125.00 ProjectSurveyor I...............................................................................................................:........ $110.00 TechnicianIII............................................................................................................................... $100.00 TechnicianII................................................................................................................................ $90.00 TechnicianI................................................................................................................................. $80.00 SeniorPlanner............................................................................................................................. $140.00 PlannerII...........................................................................................7........................................$120.00 PlannerI.....................................................................................................................................$100.00 Senior Landscape Architect.........................................................................................................$150.00 LandscapeArchitect.................................................................................................................... $135.00 Arborist....................................................................................................................................... $140.00 Landscape Designer III ......................................... ........... .......................................................... . $125.00 LandscapeDesigner II................................................................................................................. $100.00 LandscapeDesigner I.................................................................................................................. $90.00 Chief Utility Coordinator............................................................................................................... $160.00 SeniorUtility Coordinator.............................................................................................................$140.00 UtilityCoordinator........................................................................................................................ $100.00 Subsurface Utility Location Manager...........................................................................................$140.00 Subsurface Utility Field Supervisor.............................................................................................. $90.00 UtilityDesignating/GPR...............................................................................................................$200.00 SurveyCrew IV............................................................................................................................ $160.00 SurveyCrew III............................................................................................................................ $130.00 SurveyCrew II.............................................................................................................................$110.00 SurveyCrew I.............................................................................................................................. $90.00 SurveyStatic Laser Scanning......................................................................................................$250.00 Survey Terrestrial Mobile LiDAR............................................................................................ Per Project SurveyDrone Photos................................................................................:.................................. $200.00 ImperviousCoring >8 .. .........................................................................................................$150.00/Each Vacuum Excavation Test Hole (Pervious Surface)....................................................$350.00/Each Vacuum Excavation Test Hole (Impervious Surface).................................................$450.00/Each Administrative Assistant II............................................................................................................ $80.00 Administrative Assistant I............................................................................................................. $60.00 Effective 01/01/2021 www.KEITHteam.com pompano beat ) • fort Lauderdale • miami s west palm beach • orlando • tallahassee 442 75 Exhibit 'A' N V 5 March 30, 2022 Mr. Mark Castano, P.E. Keith mcastano@keithteam.com Reference: Proposal for Subsurface Exploration & Geotechnical Engineering Study Proposed Bella Vista Park SW Corner Intersection Collins Avenue and Sunny Isles Boulevard Sunny Isles, Florida NV5 Proposal No. 22-0300REV1 Dear Mr. Casta no: We are pleased to submit this proposal in response to your request. This proposal describes our understanding of the project, lists a purpose for our work, suggests a specific scope of work, and presents our compensation. CAPABILITIES AND EXPERIENCE NV5, Inc. is a consulting firm providing geotechnical and construction materials engineering. We also have equipment and personnel capable of performing soil borings, installing monitor wells, and testing soil/concrete during construction. Our senior engineering personnel are registered professional engineers in Florida, California, Maine, Massachusetts, and New Hampshire. Combined, they have over 120 years of experience in geotechnical engineering. As a local firm, we have the ability to exercise a great deal of flexibility during the various stages of project development, enabling us to provide a better and more efficient service to our clients, and to maintain direct involvement of the senior personnel on every project. We have worked on many of South Florida's tallest, largest and most notable structures, and over our 35 -plus -year history have successfully completed more than 5,000 projects. Our project experience includes residential, commercial, and industrial developments over soft soils, as well as high-rise development. We have the distinction of providing geotechnical services for a significant number of the major high-rise structures that have been constructed in South Florida. and for the majority of those constructed in Miami. To date our local project portfolio includes some 75 -plus towers, constructed or planned, ranging in height from 20 to 93 stories tall. PROJECT INFORMATION The project site is located on the southwestern corner of the intersection of Sunny Isles Boulevard and Collins Avenue in Sunny Isles Beach, Florida. According to the Miami -Dade County Property Appraiser's webpage, the site corresponds to Folio Number 31-2214-007-0210. It is bounded State Road 826 to the north, the Intracoastal Waterway to the south and west, and a high-rise development to the east. The site is roughly rectangular measuring about 60 by 115 feet in plan. It is mostly vacant of buildings except for an abandoned structure along its western border. We were not provided with site topographic information but estimate site grades to be on the order of +8 feet relative to the 1929 National Geodetic Vertical Datum (NGVD). 14486 Commerce Way I Miami Lakes, FL 33016 1 www.NV5.com I Office 305.666.3563 1 Fax 305.666.3069 CONSTRUC:IIFiN QIiALf(Y?SSI IR;\i lc;Cc 1INFRASI'RUMURE E,\1ERC;Y PROGbf2A\I ;,I;U41\G P:If.i ll' EiNVIRONNAEN IAL. 443 76 Mr. Mark Castano Keith Proposal for Geotechnical Study - Proposed Bella Vista Park March 30, 2022 Page 2 NV5 Proposal No. 22-0300REV1 We understand the site will be redeveloped with a park comprising a small welcome building that would be also a marine patrol office, and house watersports rental, and a new bulkhead and dock. PURPOSE The purpose of NV5's services on this project will be to perform a subsurface exploration and engineering analyses to provide recommendations for design and construction of the proposed project. PROPOSED SCOPE OF ENGINEERING SERVICES 1. We propose drilling two borings. One of the borings would be drilled to around 40 to 50 feet below grade close to the shoreline. A second boringwill be drilled further inland and will extend to 15 to 20 feet below grade. Proposed boring locations are shown with red circles in the image below. We have not visited the site, and assume at this time that we can access the site from the parkins lot to the north, or the property immediately east. Boring locations could shift due to actual site conditions. The borings will be drilled utilizing the rotary wash method with a truck -mounted drill rig. Samples of the subsurface materials encountered will be collected continuously down to 10 feet below ground surface. Below that depth the sampling will be performed at roughly 5 -foot intervals. Sampling will be performed using a Standard Penetration Test (SPT) sampler per ASTM D-1586. Upon completion of the borings, the boreholes will be grouted to the ground surface. 2. In addition to the borings, we propose performing one (1) field permeability test to provide information for drainage design at the site. The test will be performed to 15 feet below the existing grade in general accordance with the South Florida Water Management District's Usual Open Hole Procedure. Upon completion of the test, the borehole will be abandoned with grout to the ground surface. Test location can be coordinated with the project civil engineer as appropriate. NIV15 (Y11\6I"RUCTION )UALITYASSUR,Ai`ICE I`dFRASTRUCrURE ENERGY OR(uli?Abl:MAiNMIDNJENC v.,.Ni iiioi\jP,1i=.`arAL 444 77 Mr. Mark Castano Keith Proposal for Geotechnical Study - Proposed Bella Vista Park March 30, 2022 Page 3 NV5 Proposal No. 22-O3O0REV1 3. For performing the fieldwork, NV5 will contact Sunshine One Call for advice about the location of underground utilities. Additionally, we require that any other available information regarding the location of underground utilities be provided to us. NV5 cannot be held responsible for damage to below ground structures or utilities that are not identified to us. We specifically request any available information about the location of underground utilities for this project. 4. An NV5 representative will layout test locations based on the furnished drawings. NV5 will perform borings in areas that are indicated to be free from underground utilities. 5. Based on our field data we will perform engineering analyses and prepare an engineering report with evaluations and discussions of the geotechnical aspects of the proposed development, and provide geotechnical recommendations for design and construction. Specifically, the report will provide: • Drawings showing test locations, a graphic summary of the generalized subsurface conditions, and boring logs with detailed descriptions of the materials encountered. • Discussion of generalized subsurface conditions at the site including groundwater including hydraulic conductivity. • Discussion of feasible foundation type(s) for the proposed construction. • Design parameters for the recommended foundation type, including vertical and lateral load resistance, including recommendations for driven piling for the bulkhead and dock. • Estimates of foundation settlements. • Modulus of subgrade reaction for any slabs on grade • Design parameters for sheet piles including unit weight, angle of internal friction, and earth pressure coefficients • Recommendations for site preparation and grading, including the re -use of site -excavated materials for fill, fill placement and compaction, and slab and pavement subgrade preparation. • Construction considerations including excavation support and dewatering, impacts of existing foundations, and impacts for adjacent structures. The report will be signed electronically and sealed by a professional engineer licensed in the State of Florida. COMPENSATION We can complete the scope of services proposed herein for a lumpsum fee of $5,250. The fee assumes access to the test locations will be provided at no cost to us and that the test locations can be accessed with a regular truck -mounted drill rig. AUTHORIZATION AND SCHEDULE Our work will be performed in accordance with the attached General Terms and Conditions. The attached Proposal Acceptance Agreement should be completed to serve as our written authorization to proceed. We can begin the fieldwork on this project within three to four workweeks following receipt of written authorization. The field work will require one (1) to 2 workdays. Our report can be submitted within two work weeks following the completion of the field work. NIV15 COPlSiRUO1'Ibil i)UALIiY \SP,L;R \i iCl::: I`IFRAS TRUCfURE. Ir:i\IERGY PROiOA`A .V1;\i IAGEi41E il' I iNVIRONHHEi irAL 445 78 TRIDENT ENVIRONMENTAL marine design and permitting April 5, 2022 Contact Information: Keith Associates 301 E Atlantic Blvd Pompano Beach, FL 33060 Attn: Mark Castano, PE 954-788-3400 Exhibit 'B' Blbl Villazon Project Information: Bella Vista Bay Park 500 Sunny Isles Blvd Sunny Isles Beach, FI Job Description: New Concrete Seawall PROPOSAL /CONTRACT President 305 244 0595 bibl@trldentenv.com www.tridentenv.com This proposal is based on your request for design and permitting services for the following scope of work: Approx. 180 LF of New Concrete Seawall, including panels, batter piles and new concrete cap. New cap elevation to match adjacent property at Chabad. NOTE FINAL DESIGN IS CONTINGENT ON AGENCY APPROVALS AND MAY CHANGE DUE TO MARINE RESOURCES, WATER DEPTHS AND OTHER FACTORS. This proposal includes signed sealed engineered construction drawings, specifications and processing of these drawings thru the required agencies, including: DERM, FDEP, ACOE and your local Municipality. The following is our scope of work: DESIGN AND PERMIT PHASE a. Provide detailed drawings and specifications for County, State, Federal and Municipality Approval, including plans, cross sections, layout, details and calculations. b. Process all applications to agencies as necessary to obtain building permit as well as environmental permits. c. Surveys, Tree Surveys, As -built surveys, Bathymetric Surveys, and Geotechnical Reports including pile length recommendations, as may be required to provide additional information to the permit agencies, shall be provided to us and are not included in this contract. TOTAL DESIGN AND PERMIT PHASE $ 6,500.00 d. Agency fees required by the permitting agencies are NOT included in this proposal and are payable by Owner directly to the permit agencies. These fees are based directly on construction costs. Below is an approximate breakdown of permit fees based on a construction cost of $180,000.00. v Miami -Dade County RER Application Fee $ 5,075.00 Approx a 446 79 TRIDENT ENVIRONMENTAL marine design and permitting Miami -Dade County RER Permit Fee $ 5,000.00 Approx DERM Mitigation Bond for Rip -Rap $ 16,200.00 Approx. City of Sunny Isles Beach TBD FDEP $ 100.00 CONSTRUCTION PHASE/ INSPECTIONS / PERMIT CLOSE OUT: a. Engineered inspections for framing, reinforcing steel, pile logs and/or close out letters may be required by your municipality during the construction phase. Inspections will be charged at $450.00 each as they occur. b. We will coordinate with your contractor for all inspections, including inspections noted above. 48 -hours' notice is required to produce inspection logs. c. Engineer letter approving deviations from plans shall be $1,000.00 each. d. We will coordinate with contractor for all inspection, however it is Owner's and Contractor's responsibility to monitor permit expirations. Building permits expire 180 days from permit issuance unless there is an approved inspection. e. Your municipality may require additional surveys upon project completion in order to close out building permits. This cost is not included in this proposal. PAYMENT TERMS: 1. 50 % of Design and Permit Phase Due Upon Signing. 2. Balance of Design and Permit Phase and Due Upon Issuance of Permits. Accepted by: Date MENTAL CONSULTANTS, INC. dent W ai W a 447 80 SGM ENGINEERING March 28th, 2022 5805 Blue Lagoon Dr Exhibit 'C' Suite 285 Miami, Florida 33126 (954) 421-1944 (954) 421-1924 fax www.sgmengineering.com Mark Castano, PE Director of Civil Engineering Office: 954.788.3400 1 Mobile: 954.235.5112 Email: MCastano@keithteam.com www.KEITHteam.com Reference: Proposal # 2022-XXXX; 2022 -XXX City of Sunny Isles Beach - Bella Vista Park Dear Mark, It is our pleasure to provide electrical engineering services for the design documents of the new life safety lighting for the new park added for the Bella Vista Park located in the City of Sunny Isles Beach in Florida. Scope of Professional Services: ➢ Visit the sites where the new park is going to be built to investigate and survey the following conditions of the area: o Record all existing electrical utilities in the area that are required to be removed or relocated to make space for the new park. ➢ Provide design for new electrical underground branch circuits (conduit and wire) for the life safety lighting added to the park. ➢ Provide lighting fixture schedules for all life -safety lighting. ➢ Provide selection of code complaint (wind load) parking lot poles with associated bases and underground boxes. ➢ Provide new panelboards and circuit breakers at existing buildings for source of power for all lighting fixtures and irrigation equipment. ➢ Design documents will include electrical book of construction specifications. ➢ Provide for submittal reviews required during construction. ➢ Included are two (2) 2 -hour site visits for substantial conformance. Commissioning LEED ➢ Fundamental and enhanced commissioning are excluded. These services can be provided by SGM at additional cost. 5805 Blue Lagoon Drive ■ Suite 285 ■ Miami, FI 33126 ■ 954-421-1944 ■ www.SGMEngineering.com 448 81 Page 2 of 3 ➢ LEED administration or design services are not included in this proposal. These services can be provided by SGM at additional cost. Exclusions Codes ➢ Progress cost estimates of construction cost'are excluded from our scope of services. ➢ Redesign to provide for VE ideas to be incorporated. ➢ Competitive bid: Preparation of bid, submission of bid, selection/award of bid is excluded from our scope of services. ➢ Any permitting cost including but not limited to application fees, agency fees, impact fees and environmental fees. ➢ Multiple alternates for the design are not included unless specifically included. Any alternates will need to be provided as additional services since it is additional design scope. ➢ Multiple phases of construction documents are not included unless specifically stated. Breaking the project into multiple design phase submissions will require additional services to account for the additional cost to perform the additional submissions. ➢ Plans and specifications will be in accordance with the Florida Building Code 7th Edition and Florida Fire Prevention Code 7th Edition. Schedule ➢ TBD. Deliverables. ➢ Five (5) sets of 100% construction/permit drawings. ➢ One set of final documents on disk (pdf or CADD). ➢ Submittal review comments. ➢ Site visit comments, only if there is an issue. ➢ Conformed plans for submission to Building Department at completion. Compensation ➢ SGM is pleased to provide the described professional services for a lump sum fee of Two Thousand Six hundred and Eighty Dollars ($ 2,680). ➢ Reimbursable expenses including but not limited to travel, lodging, per diem, postage, printing/plotting, courier, and delivery shall be invoiced at cost. ➢ Keep below if required by Owner, otherwise move to the add services section. 5805 Blue Lagoon Drive ■ Suite 285 ■ Miami, FI 33126 ■ 954-421-1944 ■ www.SGMEngineedng.com 449 82 Page 3 of 3 Additional Services ➢ Any additions to this scope of services, including but not limited to an increase in the scope of the project, revisions, construction errors, additional site visits and inspections will be provided for an additional negotiated fee or on an hourly basis in accordance with the billing rates shown above. ➢ Hourly rates are subject to change after 2 years from the date of this proposal. Payments for Enaineerina Services ➢ Monthly progress billings for professional services will be submitted based on percent complete for each task. ➢ Payment is due upon presentation and considered past due 30 calendar days after the date of the billing. If you need any additional information or would like the scope modified, please let me know. Sincerely SGM ENGINEERING, INC. Manuel Hernandez, P.E. Project Manager 5805 Blue Lagoon Drive ■ Suite 285 ■ Miami, A 33126 ■ 954-421-1944 ■ www.SGMEngineering.com 450 83 Attachment "B" Additional Scope of Services Supplement to Exhibit "1" of Project Agreement 84 K Z KEITH Engineering Inspired Design. CONTRACT ADDENDUM November 2, 2022 Richard Labinsky, PE, City Engineer City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Phone: (305) 947 — 0606 E-mail: rlabinsky@sibfl.net DESCRIPTION OF ADDITIONAL SERVICES Project Name: Bella Vista Park Project Location: 500 Sunny Isles Beach Blvd. Suny Isles Beach, FL 3160 KEITH Project Number: 11723.04 Contract Addendum: #01 Project Manager: Sarah Landucci MARINE ENGINEERING AND ENVIRONMENTAL CONSULTING SERVICES (Cummins Cederberg — Structural and Environmental Sub.) Refer to Exhibit `A' — Structural and Environmental Engineering (Sub -Consultant) Scope and Fees. Task 602 New Seawall Design and Construction Documents (CD) (Cummins Cederberg — Structural / Environmental Sub.) Cummins Cederberg will design a new seawall, at or landward of mean high water, along the southwest shoreline (approximately 180 linear feet) of the site. The new seawall is anticipated to include concrete panels, batter piles, and a new concrete cap. Cummins Cederberg will prepare drawings in sufficient detail for submittal to the regulatory agencies, as well as ultimate construction. The following drawing sheets are anticipated: 1. Cover Sheet — Location maps, titles. 2. Site Plan — Existing conditions, survey, water depths 3. Proposed Plan — Seawall layout, piling locations, turbidity curtains 4. Sections — Cross sections, structural details 5. General Notes — Specifications, materials, list of abbreviations Task 603 New Seawall Environmental Permitting (Cummins Cederberg — Structural / Environmental Sub.) Cummins Cederberg will prepare and submit the permit applications for the construction of the new seawall for the new Bella Vista Park and process them through the following regulatory agencies: 1. Miami -Dade County DERM Class I — Coastal Construction Permit Application and Processing 2. State-wide Environmental Resource Permit (SWERP) Exemption Verification Form and Processing. 3. US Army Corps of Engineers (ACOE) Application and Processing Task 604 New Seawall Bid Assistance (Cummins Cederberg — Structural / Environmental Sub.) Cummins Cederberg will provide consulting services as part of the bid selection process for the proposed marine works. This will include submitting bid documents to potential marine contractors and subsequent review of bids. A summary outlining potential variations in bids will be prepared to simplify comparison and a recommendation of the preferred bidder will be made. Cummins Cederberg will also attend (1) meeting, as requested by the Client. www,[(EITHteam.com Pompano Beach (HQ) • Fort Lauderdale • Miami • West Palm Beach • Orlando 85 November 2, 2022 / Page 2 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 Task 605 New Seawall Construction Administration (Cummins Cederberg — Structural / Environmental Sub.) Cummins Cederberg will provide construction administration services for the Project as requested by the Client. Services provided may include review of pile driving logs, shop drawing review, site observations with reports (including milestone and final inspections), responses to Requests for Information (RFI's), and/or review of Contractor's Payment Applications. Task 703 Seawall Design Coordination (KEITH) The CITY has requested the CONSULTANT (KEITH) provide design coordination for the new seawall extension. KEITH will coordinate the overall seawall horizontal and vertical layout in coordination with other proposed improvements with the CITY and Cummins Cederberg (structural designer). CIVIL & LANDSCAPE POST -DESIGN & CONSTRUCTION SERVICES Task 801 Civil/Landscape Bid Assistance KEITH shall provide assistance to the CITY during the pre-bid and procurement phase. This assistance shall consist of: 1. Provide bid and construction documents (plans and technical specifications) in CITY approved format, including incorporating the CITY's front-end documents. 2. Attending one (1) pre-bid meeting with the CITY, other Consultants and Contractor(s) and prepare meeting minutes. 3. Issue technical addenda(s) and/or responses to request for information (RFI's) for clarification as necessary during the bidding process. 4. Assist CITY in the evaluation of the bids received (including written recommendation of contract award to the City). Task 802 Civil Construction Observation and Certification Services KEITH shall provide construction engineering services in order to ensure the integrity of the design intent and certify to the CLIENT and other jurisdictional agencies that the construction work has been completed in substantial compliance with the approved documents and permits. Any revisions or deviations to original construction documents, including but not limited to, substitutions and/or unforeseen conditions may impact schedule and will require additional fees. Services included are described as follows and are anticipated to take six (6) months: Meetings and Conference calls KEITH shall attend and or participate in project meetings and conference calls as requested by the CLIENT and CITY. KEITH shall review requests for information prepared by the Contractor and respond accordingly to all parties. KEITH will prepare drawings supplemental information needed to address the contractor's request for information. Shop Drawing Reviews KEITH shall review shop drawings, samples, and calculations, which the selected contractor is required to submit for review. This review will only be for conformance with the design concept of the project and compliance with the information provided on the design drawings and specifications. Such review will not extend to methods, means, techniques, construction sequence(s) or procedures, or to safety precautions and related programs. KEITH shall also determine the acceptability, subject to CLIENT approval, of substitute materials and equipment proposed by contractors. Engineering Inspired Design. 86 November 2, 2022 / Page 3 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 Periodic Site Visits and Construction Observation KEITH shall visit the Project at intervals appropriate to the various stages of construction, as KEITH deems necessary to observe as an experienced and qualified design professional to review the progress and quality of the various aspects of the contractor's work. KEITH shall coordinate and attend one (1) Pre -construction Meetings. If required by the CLIENT, KEITH shall attend or participate in CLIENT scheduled coordination and progress meetings or telephone conferences. These services will be invoiced on a time and material basis in accordance with our Professional Service Fee schedule (attached). Re -tests and failed inspections will be invoiced based on this same Fee schedule. Issue Clarifications KEITH shall issue all instructions and revisions of the CLIENT to Contractor(s); issue necessary interpretations and clarifications of the contract documents; have authority, as the City's representative to require special inspection or testing of the work; act as initial interpreter of the requirements of the contract documents and judge of the acceptability of the work there under, and make decisions on all claims of the CLIENT and contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the contract documents pertaining to the execution and progress of the work. As-builts Review KEITH will review the record drawings (as-builts) to ensure substantial conformance to the approved plans. KEITH will only review and reject any particular as -built plans set a maximum of two (2) times, any additional review will be considered additional services. The contractor will be expected to have the as-builts revised in accordance with all comments. Final Inspections KEITH shall participate, with the CLIENT's representative, in a semi-final inspection for the purpose of determining if the project is substantially complete and participate in the preparation of a written "Punch List" of all incomplete, defective or deficient items. Upon notice from the CLIENT, participate in a final inspection together with CLIENT and contractor representatives to assure that all "Punch List" items are complete, and the work is indeed completed in accordance with all contract documents. Upon completion of the final inspection, certify, in writing, that the work in-place is acceptable, subject to any conditions therein expressed. This service is anticipated to be two (2) inspections, additional inspection(s) will be invoiced based on the attached Fee schedule. Final Certification KEITH will prepare final certification to all appropriate permitting agencies utilizing record drawings for the design from the survey information supplied by the contractor, or by other means agreed to by both KEITH and CLIENT. Note: It is the Contractor's responsibility to coordinate through KEITH the scheduling of testing. KEITH shall represent the CLIENT in performing periodic observation of construction as necessary to confirm construction is in accordance with the approved plans. The Construction Engineering and Certification for the work is for an anticipated period of one (1) month beyond the construction completion date for certifications. We anticipate the following items requiring as -built certification: • Water System • Sanitary Sewer System • Paving Grading and Drainage System Z Engineering Inspired Design. 87 November 2, 2022 / Page 4 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 Note: Construction -related surveying (stakeout, as—built plans, etc.) and testing (densities, concrete, LBR'S, etc.) services are not included in this Agreement. Task 803 Landscape Construction Observation KEITH will provide construction observation services in order to ensure the integrity of the design intent and certify to the CLIENT and other jurisdictional agencies that the construction work has been completed in substantial compliance with the approved documents. Services included are described as follows: Shop Drawing Reviews KEITH will review shop drawings, product data and plant photos, which the selected contractor is required to submit for review. This review will only be for conformance with the design concept of the project and compliance with the information provided on the design drawings and specifications. Such review will not extend to methods, means, techniques, construction sequence(s) or procedures, or to safety precautions and related programs. KEITH will also determine the acceptability, subject to CLIENT approval, of substitute materials and equipment proposed by contractors. Periodic Site Visits and Construction Observation KEITH will visit the Project at intervals appropriate to the various stages of construction, as KEITH deems necessary to observe as an experienced and qualified design professional to review the progress and quality of the various aspects of the contractor's work. KEITH will coordinate and attend one (1) Pre -construction Meetings. If required by the CLIENT, KEITH will attend or participate in CLIENT scheduled coordination and progress meetings or telephone conferences. These services will be invoiced on a time and material basis in accordance with our Professional Service Fee schedule (attached). Re -tests and failed inspections will be invoiced based on this same Fee schedule. Final Inspection KEITH will participate, with the CLIENT's representative, in a semi-final inspection for the purpose of determining if the project is substantially complete and participate in the preparation of a written "Punch List" of incomplete, defective or deficient items. Upon notice from the CLIENT, participate in a final inspection together with CLIENT and contractor representatives to assure that "Punch List" items are complete, and the work is indeed completed in accordance with the contract documents. ELECTRICAL ENGINEERING DESIGN SERVICES (SGM Engineering - Electrical Sub.) Task 502 Electrical Construction Services (SGM — Electrical Sub.) SGM will provide construction services for the Project as requested by the Client. Services provided may include review of shop drawings, limited site observations with reports and responses to Requests for Information (RFI's). V Engineering Inspired Design. � 88 November 2, 2022 / Page 5 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 SCHEDULE MARINE ENGINEERING AND ENVIRONMENTAL CONSULTING SERVICES (Cummins Cederberg — Structural and Environmental Sub.) Task 602 New Seawall Design and Construction Documents (CD) (Cummins Cederberg — Structural/Environmental Sub.) — Task 603 New Seawall Environmental Permitting (Cummins Cederberg — Structural/Environmental Sub.) — Task 604 New Seawall Bid Assistance (Cummins Cederberg — Structural/Environmental Sub.) — Task 605 New Seawall Construction Administration (Cummins Cederberg — Structural/Environmental Sub.) — Task 703 Seawall Design Coordination (KEITH) CIVIL ENGINEERING AND LANDSCAPE ARCHITECTURE POST -DESIGN & CONSTRUCTION SERVICES Task 801 Civil/Landscape Bidding Assistance — Task 802 Civil Construction Observation and Certification Services — Task 803 Landscape Construction Observation Services — ELECTRICAL ENGINEERING (SGM — Electrical Sub.) CONSTRUCTION MANAGEMENT SERVICES Task 502 Electrical Construction Management Services (SGM — Electrical Sub.) — 3 months 6 months 2 months 4 months Concurrent with Task 602 2 months 6 months 6 months 6 months Engineering Inspired Design. 89 November 2, 2022 / Page 6 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 COMPENSATION MARINE ENGINEERING AND ENVIRONMENTAL CONSULTING SERVICES (Cummins Cederberg — Structural and Environmental Sub.) Task 602 New Seawall Design and Construction Documents (CD) (Cummins Cederberg — Structural/Environmental Sub.) — $18,400 (Lump Sum) Task 603 New Seawall Environmental Permitting (Cummins Cederberg — Structural/Environmental Sub.) — $12,200 (Lump Sum) Task 604 New Seawall Bid Assistance (Cummins Cederberg — Structural/Environmental Sub.) — $4,400 (Hourly/NTE)* Task 605 New Seawall Construction Administration (Cummins Cederberg — Structural/Environmental Sub.) — $35,000 (Hourly/NTE)* Task 703 Seawall Design Coordination (KEITH) — $4,200 (Hourly/NTE)* CIVIL ENGINEERING AND LANDSCAPE ARCHITECTURE CONSTRUCTION MANAGEMENT SERVICES Task 801 Civil/Landscape Bidding Assistance — $3,200 (Hourly/NTE)* Task 802 Civil Construction Observation and Certification Services — $12,500 (Hourly/NTE)* Task 803 Landscape Construction Observation Services — $6,500 (Hourly/NTE)* ELECTRICAL ENGINEERING (SGM — Electrical Sub.) CONSTRUCTION MANAGEMENT SERVICES Task 502 Electrical Construction Services (SGM — Electrical Sub.) — $2,500 (Hourly/NTE)* Reimbursables $3,000 (Estimated) Total Fee $101,900 *NOTE: The above project task fees are estimated, and this work will be billed on an hourly, not -to -exceed basis in accordance with our current Professional Service Fee Schedule. If the billing reaches 75% of the estimated fee, an additional contract addendum will be submitted to the CLIENT. Original Task 601 - New Seawall Design and Structural Construction Documents (CD) and Permitting — New Seawall (Trident — Structural / Environmental Sub.) — - $6,500 (Lump Sum) Total Adjusted Fees $95,400 Engineering Inspired Design. 90 November 2, 2022 / Page 7 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 The CLIENT is required to execute this Addendum and return it to the CONSULTANT prior to commencement of the additional services described herein. All items, terms, and conditions of the original Agreement (as amended to include the scope defined herein) remain unchanged and in full force and effect. IN WITNESS WHEREOF, CONSULTANT and CLIENT have executed this agreement the day and year indicated below. As to CONSULTANT KEITH Alex Lazowick President DATED: As to CLIENT City of Sunny Isles Beach Signature: Print Name: Title: DATED: Engineering Inspired Design. 91 November 2, 2022 / Page 8 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 EXHIBIT A `SCOPE OF SERVICES' (PROVIDED BY CUMMINS CEDERBERG) November 1, 2022 Keith and Associates, Inc. Attn: Ms. Sarah Landucci 301 E Atlantic Blvd Pompano Beach, FL 33060 Sent via email: slanducci@keithteam.com 116600-R3 RE: Proposal for Marine Engineering and Environmental Consulting Services For the proposed Seawall at 500 Sunny Isles Beach Blvd, Sunny Isles Beach, FL Dear Ms. Landucci, Pursuant to your request, Cummins Cederberg, Inc. (Cummins Cederberg) is pleased to present this revised proposal for our marine engineering and environmental consulting services for the proposed seawall at Bella Vista Park located at 500 Sunny Isles Beach Blvd, Sunny Isles Beach, Miami -Dade County, Florida (Project). Project Introduction Keith and Associates, Inc. (Client) would like to install a new seawall at Bella Vista Park to include concrete panels, batter piles, and a new concrete cap. The new cap elevation will match the adjacent property, which was recently constructed. Cummins Cederberg will provide coastal and marine engineering services for the design and permitting of the new seawall at or landward of mean high water, along the southwest shoreline (approximately 180 linear feet) of the Project site. The following is a brief discussion beginning with our experience, construction in the marine environment, and ultimately the proposed scope of services. CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I St. Petersburg I Tallahassee V Engineering Inspired Design. � 92 November 2, 2022 / Page 9 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 Bella Vista Park Seawall November 1, 2022 About Cummins Cederberg Cummins Cederberg is a qualified coastal and marine engineering company who can lead a project from start to finish including inspection, fieldwork, environmental permitting, design, and construction administration. Comprehensive design experience ranges from small docks and seawalls to large cruise ship piers and ports, where the use of advanced numerical models is often implemented to support or improve analyses and designs. The following are representative experience from recent projects: • Dade Boulevard Bike Path Seawall, Miami: Engineering with approximately 2,670 feet of steel sheet pile seawall with concrete cap and vehicle crash barrier, as well as several utility crossovers and bridge abutment connections. • Winston Towers 700 Condominium Seawall, Miami: Field investigations, engineering design, and regulatory permitting for the replacement of 240 feet of seawall and repair of the remaining 800 feet. • Porta Bella Yacht & Tennis Club Seawall, Boca Raton: Field investigations, engineering design, and regulatory permitting for the replacement of 140 feet of seawall along the Intracoastal Waterway. ■ Arlen House, Sunny Isles Beach: Field investigations, engineering design, and regulatory permitting for the reconstruction of 800 feet of shoreline stabilization. • Sunset Harbour Yacht Club, Miami Beach: Engineering and permitting of extensive marina repairs, including overwater patchwork of concrete spalling and cracks, as well as the replacement of eight (8) precast concrete deck slabs. • Costa Brava Condominium Marina, Miami Beach: Engineering, regulatory permitting, and construction administration for the reconstruction of a 32 -slip marina damaged by storm. • Bentley Bay Marina, Miami Beach: Engineering, construction drawings, and construction administration for a new 16 slip marina. • Coastal Towers Marina, Sunny Isles Beach: Field investigations, engineering design and regulatory permitting for the reconstruction of 33 -slip marina and 1,500 feet of shoreline stabilization. 116600-R3 Page 2 of 12 CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I St. Petersburg I Tallahassee V Engineering Inspired Design. ' 93 November 2, 2022 / Page 10 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 Bella Vista Park Seawall 116600-133 November 1, 2022 Page 3 of 12 Marine Construction Design of marine structures involves several components in addition to typical construction of an upland structure. The harsh marine environment can result in increased deterioration and future maintenance issues, if not properly considered in the design process. A marine structure is exposed to variable conditions, such as saltwater, storm waves, tidal currents, and potential sediment transport, as well as other dynamic loading conditions. Furthermore, marine facilities are governed by strict environmental permits IMiami-Dade County Division of Environmental Resources Management (DERM), Florida Department of Environmental Protection (FDEP), and United States Army Corps of Engineers (USACE)] in addition to the typical building permit. The first step in the permitting process is illustrating relevant site data, along with a conceptual design of the proposed work on a set of permit sketches. These sketches will form the basis for the permit applications to the environmental agencies. Based on the presented details of the proposed Project, the agencies may have questions, recommend design changes, or require strict guidance on construction methods. Once the processing and negotiation are completed, the final design and construction drawings will be prepared. Through detailed plans and hands-on communication with agencies, Cummins Cederberg is experienced in expediting the permit process. Inexperience or limited understanding of the engineering and permitting aspects in the marine environment can result in a lengthy permitting process and/or increase overall construction cost due to too stringent permit requirements. Scope of Services The following section outlines the scope of services to be provided by Cummins Cederberg for the Client. Task 1- Marine Engineering Design Task 1.1- Seawall Structural Design Cummins Cederberg will design a new seawall, at or landward of mean high water, along the southwest shoreline (approximately 180 linear feet) of the site. The new seawall is anticipated to include concrete panels, batter piles, and a new concrete cap. The new cap elevation will match the adjacent property which was recently constructed. Additionally, DERM requires the new seawall cap be six inches above the adjacent landward grade to prevent sheet flow into tidal waters, as well as placement of one cubic yard of riprap per linear foot of new or replacement seawall. Typical sections will be developed illustrating the design layout, retained elevations, and proposed materials. Specifications and details for material characteristics such as concrete strength, water content, and corrosion inhibitors, along with reinforcement details, will be developed for various components as part of the design process. CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I St. Petersburg I Tallahassee Engineering Inspired Design. � 94 November 2, 2022 / Page 11 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 Bella Vista Park Seawall 116600-113 November 1, 2022 Page 4 of 12 Task 1.2 - Construction Drawings Cummins Cederberg will prepare drawings in sufficient detail for submittal to the regulatory agencies, as well as ultimate construction. The plans will be prepared in CAD format using industry standards for this type of construction. Cummins Cederberg will provide structural calculations for the design and subsequent building permit processing as appropriate. The plans and calculations will be signed and sealed by a Florida registered Professional Engineer. The following drawing sheets are anticipated: ■ Cover Sheet - Location maps, titles ■ Site Plan - Existing conditions, survey, water depths ■ Proposed Plan - Seawall layout, piling locations, turbidity curtains • Sections - Cross sections, structural details ■ General Notes - Specifications, materials, list of abbreviations Deliverables: Signed/sealed construction plans (11x17 or 22x34) Signed(sea/ed structural calculations Fees for Task 1 are lump sum (including expenses): .................................................. $18,400.00 Task 2 - Environmental Permitting Task 2.1- Miami -Dade County DERV! Class I Application and Processing: Cummins Cederberg will prepare and process a Miami -Dade County Division of Environmental Resource Management (DERM) Short Form Class I Coastal Construction Permit Application, requesting authorization of the proposed seawall, pursuant to Chapter 24 of the Miami -Dade County Code. Cummins Cederberg will maintain contact with DERM staff to review plans and provide additional information. The Client will provide Cummins Cederberg with a signed application form, contractor information, performance and mitigation bonds (if required), application fees, and permit fees (to be determined based on estimated construction cost). Task 2.2 SWERP Exemption Verification f=orm and Processing: Cummins Cederberg will prepare and process a Statewide Environmental Resource Permit (SWERP) Exemption Verification Form requesting authorization for the proposed seawall installation, pursuant to Chapter 62-330.051, F.A.C. Cummins Cederberg will maintain contact with FDEP to review plans and provide additional information. The Client will provide Cummins Cederberg with an exemption fee in the amount of $100.00. Task 2.3 USACE Application and Processing: Cummins Cederberg will prepare and process a Department of the Army Application with the USACE, requesting verification of the Nationwide 13 Permit for the proposed seawall. Cummins Cederberg will maintain contact with the USACE to review plans and provide additional information (e.g., JaXBO forms, construction methodology). The Client will provide Cummins Cederberg with a signed application form. Fees for Task 2.2 are lump sum (including expenses): ............................................... $12,200.00 CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I St. Petersburg I Tallahassee V Engineering Inspired Design. � 95 November 2, 2022 / Page 12 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 Bella Vista Park Seawall 116600-113 November 1, 2022 Page 5 of 12 Task 3 — Bidding and Construction Administration Task 3.1 Bid Solicitation Cummins Cederberg will provide consulting services as part of the bid selection process for the proposed marine works. This will include submitting bid documents to potential marine contractors and subsequent review of bids. A summary outlining potential variations in bids will be prepared to simplify comparison and a recommendation of the preferred bidder will be made. Cummins Cederberg will also attend (1) meeting, as requested by the Client. Fees for Task 3.1 are lump sum (including expenses): .................................................... Hourly* *Target hourly fee budget, not to exceed $4,400.00 without authorization to extend budget in writing. Task 3.2 Construction Administration Cummins Cederberg will provide construction administration services for the Project as requested by the Client. Services provided may include review of pile driving logs, shop drawing review, site observations with reports (including milestone and final inspections), responses to Requests for Information (RFI's), and/or review of Contractor's Payment Applications. Fees for Task 3.2 are hourly (per attached Rate Schedule) ............................................. Hourly* *Target hourly fee budget, not to exceed $35,000.00 without authorization to extend budget in writing. Cummins Cederberg will monitor our level of involvement and notify the Client as soon as a budget increase is anticipated. Budget forecast assumes a 4 -month construction schedule with most of the construction administration being handled by the Client. Conditions/Assumptions ■ Client shall notify Cummins Cederberg of any known conditions related to the Project that may affect the scope of services. ■ Client shall provide safe access to the Project site as needed by Cummins Cederberg to complete the scope of services. ■ Client shall provide any available background information, such as as -built drawings, historical photographs, permits or other documentation. ■ Client to provide geotechnical investigation data and report; Cummins Cederberg to coordinate with Client's geotechnical engineer as required. ■ Client to provide a recent (within one year) property survey in CAD and PDF format; survey must be tied to the State Plane Coordinate System. Survey must include elevations below Mean High Water to wading depth. ■ Legal, agency, application fees, permit fees, mitigation bond, performance bond, to be provided by Client if required. ■ This scope assumes that a variance from the County Code will not be required by the Environmental Quality Control Board, a Standard Form with approval from the Miami - CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I St. Petersburg I Tallahassee V Engineering Inspired Design. 96 November 2, 2022 / Page 13 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 Bella Vista Park Seawall 116600-133 November 1, 2022 Page 6 of 12 Dade County Board of County Commissioners will not be required, and there will be no public objections to the proposed Project. ■ This scope of services does not include review of upland structures, local building department permits, or any encumbrances of the properties. ■ City of Sunny Isles Beach structural and zoning sign offs, as well as the selected contractor's license number, will be required prior to issuance of the DERM permit. This scope assumes that the selected contractor will secure the structural and zoning sign offs upon receipt of DERM Preliminary Approval Stamps on the seawall drawings. ■ Client or contractor to secure City of Sunny Isles Beach Building Department Permit as required prior to construction. Cummins Cederberg can assist under a separate scope of services. ■ Scope of work does not include utilities, such as outfalls, electrical, potable water, and/or fire water. ■ It is assumed there will be no legal encumbrance issues, and no historical or archaeological resource issues. ■ Scope assumes the proposed seawall work will qualify for a DERM Short Form Permit, an FDEP exemption/de minimus exemption, and USACE Nationwide 13 Permit verification. If a more intensive permitting process is required due to change in scope, presence of environmental resources, riprap placement requirements, or other reasons, an addendum may be provided for Client approval. ■ Scope assumes the DERM biological assessment will be sufficient for DERM, FDEP, and USACE permitting. If an updated or more detailed benthic survey is required, it can be provided under an addendum. ■ It is assumed that there will be no seagrass or coral impacts that will resu@ from the Project and therefore no mitigation negotiations or mitigation plans required. If the DERM survey indicates that mitigation is required, an addendum scope will be provided for Client approval. ■ The required volume of riprap, 1 cubic yard per linear foot, can be accommodated onsite without impacting submerged aquatic resources or the Client will make a contribution to the Biscayne Bay Environmental Enhancement Trust Fund (BBEETF). Please note the current rate is $90/cubic yard of riprap. ■ Client will accept a seawall alignment at or landward of mean high water. Fees Fees for services are noted above. Cummins Cederberg shall invoice the Client on a percent complete basis each month and/or completion of tasks. Hourly tasks will be invoiced as per the attached Rate Schedule. CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I St. Petersburg I Tallahassee Engineering Inspired Design. 97 November 2, 2022 / Page 14 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 Bella Vista Park Seawall 116600-133 November 1, 2022 Page 7 of 12 General We appreciate the opportunity to prepare a proposal for our marine engineering and environmental consulting services and look forward to working together. This proposal is valid for 60 days and was prepared based on the information provided by the Client to date. If you wish us to provide the services detailed above, please sign this agreement, which includes the Cummins Cederberg's General Terms & Conditions attached herein, and return a signed copy to us which will serve as our Authorization to Proceed. Should you have any questions or require additional information, please do not hesitate to contact me at 954-859-2924 or pcutt@cumminscederberg.com. Sincerely, CUMMINS CEDERBERG, INC. '^ -Vc cp"4� Penny Cult Senior Director Read and Accepted by Client: By: Name: rrr Date: Enclosures: 2022 Rate Schedule General Terms & Conditions Certificate of Insurance Firm Capabilities Overview CUMMINS CEDERBERG, INC. i Miami I Fort Lauderdale I Jupiter I St. Petersburg i Tallahassee Engineering Inspired Design. 98 November 2, 2022 / Page 15 of 15 Bella Vista Park I Number 11723.04 City of Sunny Isles Beach Contract Addendum # 1 Bella Vista Park Seawall November 1, 2022 116600-R3 Page 8 of 12 CUMMINS CEDERBERG, INC. 2022 RATE SCHEDULE, Title Hourly Rate Principal $275.00 Senior Director $240.00 Project Director $220.00 Senior Project Manager $200.00 Project Manager $175.00 Chief Scientist $200.00 Senior Scientist $175.00 Project Scientist $140.00 Associate Scientist II $125.00 Associate Scientist 1 $105.00 Chief Engineer $220.00 Senior Engineer $200.00 Project Engineer $165.00 Associate Engineer II $145.00 Associate Engineer 1 $125.00 Senior Designer $130.00 Designer $110.00 Technician $80.00 Clerical $70.00 Reimbursable Expenses Professional Supplies, Standard Expenses and Direct Reimbursable Expenses will be billed at cost plus 10 percent. Professional supplies and standard expenses include standard office supplies, plots and photocopies, mail and courier delivery services, domestic and international travel, and related travel expenses. Direct reimbursable expenses include field equipment rental, field supplies, research materials, permit fees, and other expenses not included in Professional Supplies and Standard Expenses. i Rates are subject to change at one-year intervals from date of proposal execution. CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I St. Petersburg I Tallahassee Engineering Inspired Design. ' 99 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 cfTk of sQ+'`'� (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Rick Labinsky, P.E., City Engineer DATE: December 15, 2022 RE: Approval of a First Amendment to the Agreement with Keith and Associates, Inc. for Civil Engineering and Landscape Architectural Servicesfor the Bella Vista Park RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach desires to develop the park property known as Bella Vista Park located a the exiting park property located on the southeast corner of Sunny Isles Beach Blvd. (S.R. 826) bridg( and the Intracoastal Waterway. Consultant Keith and Associates, Inc. are qualified to provide civil engineering and Seawall Design, Permitting and Construction services for the development of this park. Consultant has agreed to provide service in an amount not to exceed $95,400.00. Pursuant to the provisions contained in the Continuing Services Agreement between the City of Sunm Isles Beach ("City") and Keith and Associates, Inc. ("Consultant") for Professional Civil Engineerin Services pursuant to Request for Qualifications No. 20-07-01 and Resolution No. 2021-3160, authorizes the Consultant to provide such services. FUNDING SOURCE: Funds have been appropriated in account no. 300-6-5720-465000-10001. ATTACHMENTS: Resolution First Amendment Item Number: 10.A 40 Item Number: 10.A 41