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HomeMy WebLinkAboutReso 2023-3502RESOLUTION NO. 2023 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SECOND AMENDMENT TO THE PROJECT AGREEMENT WITH KEITH AND ASSOCIATES, INC., d/b/a KEITH, TO PROVIDE CIVIL ENGINEERING AND LANDSCAPE ARCHITECTURAL SERVICES FOR THE TOWN CENTER PARK UPGRADES, IN AN AMOUNT NOT TO EXCEED NINETEEN THOUSAND TWO HUNDRED DOLLARS AND NO CENTS ($19,200.00), 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, Florida ("City") is the owner of the property located at 17200 Collins Avenue, known as Town Center Park ("Park"); and WHEREAS, on January 21St, 2021, via Resolution No. 2021-3160, the City Commission 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 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 19th, 2022, via Resolution No. 2022-3335, the City Commission approved a Project Agreement with the Firm to provide the Services for upgrades to the Park ("Project"), in an amount not to exceed $34,000.00; and WHEREAS, on September 15th, 2022, via Resolution No. 2022-3401, the City Commission approved a First Amendment to the Project Agreement with the Firm to provide additional lighting and related electrical construction documents for the Meditation Garden located within the Park, in an amount not to exceed $3,720.00; and WHEREAS, City staff has determined that additional construction administration and support services are required ("Additional Services"); and WHEREAS, the Firm has submitted a proposal for the Additional Services; and WHEREAS, the City Commission wishes to approve a Second Amendment to the Project Agreement with Keith and Associates, Inc., d/b/a/ Keith, to provide the Additional Services related to the upgrades at Town Center Park, in an amount not to exceed Nineteen Thousand Two Hundred Dollars and No Cents ($19,200.00), bringing the total contract amount not to @BCL@DCOBC4AA.doc Page 1 of 2 exceed Fifty -Six Thousand Nine Hundred Twenty Dollars and No Cents ($56,920.00), 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 Second Amendment. The City Commission hereby approves a Second Amendment to the Project Agreement with Keith and Associates, Inc., d/b/a/ Keith, to provide Additional Services related to the upgrades at Town Center Park, in an amount not to exceed Nineteen Thousand Two Hundred Dollars and No Cents ($19,200.00), attached hereto as Exhibit "A", bringing the total contract amount not to exceed Fifty -Six Thousand Nine Hundred Twenty Dollars and No Cents ($56,920.00). 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. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 18th day of y 2 3. Larisa Svechin, Mayor ATTEST APPROVED AS TO FORM AND LEGAL SUF ICIENCY: 1 Mauric o lietanck CMC, City Clerk Valerie Vicente, City Attorney Moved by: ' Seconded by:ZW66 Vote: // Mayor Svechin _ �% (Yes) (No) Vice Mayor Joseph (Yes) :Z(No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra 4(Yes) (No) @BCL@DCOBC4AA.doc Page 2 of 2 DocuSign Envelope ID: 5842CD84-6967-4CO2-9E9A-C905868006B4 S/ONNY S V'O/ i2 SECOND AMENDMENT TO THE PROJECT AGREEMENT 1 f -.4- BETWEEN THE CITY OF SUNNY ISLES BEACH AND 41 °r KEITH AND ASSOCIATES, INC., D/B/A KEITH FOR °f SVM N TOWN CENTER PARK UPGRADES This Second Amendment to the Project Agreement is made and entered into this tsf—Wfi day of May, 2023 by and between the CITY OF SUNNY ISLES BEACH ("City") and KEITH AND ASSOCIATES, INC. D/B/A KEITH, a for-profit corporation authorized to do business in the State of Florida ("Consultant"), whose Federal I.D. No. is 65-0804421. WHEREAS, City and Consultant entered into a Project Agreement ("Project Agreement"), dated May 24, 2022, a copy of which is attached hereto as Attachment "A;" and WHEREAS, City and Contractor desire to enter into this Second Amendment for purposes of modifying certain terms and conditions of the Project Agreement; NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations, and warranties, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Project Agreement is amended to provide as follows: RECITALS. The Recitals set forth above are hereby incorporated into this Second Amendment and made a part hereof for reference. 2. AMENDMENT. A. SECTION 2, CONSULTANT'S BASIC DUTIES TO CITY 1. Section 2.1 and EXHIBIT 1 attached to the Project Agreement, are hereby modified and supplemented to provide for the additional scope of services attached hereto as Attachment B. 2. Section 2.7.1 is, hereby modified to provide the additional scheduling attached hereto as Attachment B. 3. Section 2.9, entitled CONSTRUCTION ADMINISTRATION, is added to provide as follows: 2.9 CONSTRUCTION ADMINISTRATION 2.9.1 The Consultant shall perform those duties and discharge those responsibilities set forth herein in Sections 2.9.2 through 2.9.13. 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. 2.9.2 The Consultant shall represent the City during construction and shall facilitate all instructions and other appropriate communications DocuSign Envelope ID: 5842CD84-6967-4CO2-9E9A-C905868006B4 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. 2.9.3 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. 2.9.4 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. 2.9.5 The Consultant shall determine amounts owed to the Contractor based upon observations of the work as required in Subparagraph 2.9.4, evaluations of the Contractor's rate of progress in light of the remaining Contract Time and upon evaluations of the Contractor's Applications for Payment, and shall issue Certificates for Payment to the City in such amounts. DocuSign Envelope ID: 5842CD84-6967-4CO2-9E9A-C905868006B4 2.9.6 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 2.9.4, 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. 2.9.7 The Consultant shall be the initial interpreter of the requirements 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. 2.9.8 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. 2.9.9 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 Project. 2.9.10 The Consultant shall review, and advise the City, concerning proposals 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 DocuSign Envelope ID: 5842CD84-6967-4CO2-9E9A-C905868006B4 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. 2.9.11 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. 2.9.12 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in its plans and specifications. 2.9.13 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 opportunity to be included in the visit. Except as otherwise set forth herein, all other terms and conditions of Section 2 shall remain in full force and effect. B. SECTION 5, BASIS OF COMPENSATION 1. Section 5.2 is amended to provide compensation for the additional scope of services described in Attachment "B," as follows: Task 801 — Construction Observation & Administration Support Services — Civil and Landscape ......... $18,000.00 Task 802 — Construction Support Services — Lighting and Electrical ................................................... $1,200.00 Except as otherwise set forth herein, all other terms and conditions of Section 5 shall remain in full force and effect. 3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the Project Agreement between the parties dated May 24, 2022, shall remain in full force and effect. 4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over any DocuSign Envelope ID: 5842CD84-6967-4CO2-9E9A-C905868006B4 conflicting or inconsistent terms, statements, requirements or provisions contained in any other document or attachment, including but not limited to Attachment "A", and `B". IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the date mentioned above. WITNESS: Signature Print Name A KEITH AND ASSOCIATES, INC. D/B/A KEITH •••-•DocuSigned by: BY: a', e lm6wl& SikrfMye99633146B... Alex Lazowick Print Name, As its president CITY OF SUN I LES BEACH BY: Larisa Svechin, May APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: O&Y-1, Alain E. Boileau, City Attorney DocuSign Envelope ID: 5842CD84-6967-4002-9E9A-C905868006B4 Attachment "A" Original Project Agreement RESOLUTION NO. 2022 -.3k 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, TO PROVIDE CIVIL ENGINEERING AND LANDSCAPE ARCHITECTURAL SERVICES FOR THE TOWN CENTER PARK UPGRADES, IN AN AMOUNT NOT TO EXCEED THREE THOUSAND SEVEN HUNDRED TWENTY DOLLARS ($3,720.00), 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 17200 Collins Avenue, known as Town Center Park ("Park"); and WHEREAS, on January 211t, 2021, via Resolution No. 2021-3160, the City Commission 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 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 19th, 2022, via Resolution No. 2022-3335, the City Commission approved a Project Agreement with the Firm to provide the Services for upgrades to the Park ("Project"), in an amount not to exceed $34,000.00; and WHEREAS, City staff has determined that additional lighting and related electrical construction documents for the Meditation Garden are required ("Additional Services"); and WHEREAS, the Firm has submitted a proposal for the Additional Services; 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 upgrades to the Town Center Park, in an amount not to exceed Three Thousand Seven Hundred Twenty Dollars ($3,720.00), bringing the total contract amount not to exceed Thirty -Seven Thousand Seven Hundred Twenty Dollars ($37,720.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: @BCL@A40BEC35.doc Page 1 of 2 351 Section 1. Approval of Project Agreement. 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 upgrades to the Town Center Park, in an amount not to exceed Three Thousand Seven Hundred Twenty Dollars ($3,720.00), bringing the total contract amount not to exceed Thirty -Seven Thousand Seven Hundred Twenty Dollars ($37,720.00), 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. Effective Date. This Resolution shall become effective upon adoption. ATTEST: Mauridio PASSED AND ADOPTED this 15th day of September 2022. Dana Robin Goldman, Mayor APPROVED AS TO FORM AND LEGA FFICIENCY: )r CMC, City Clerk �'_,�dward A. Dion, City Attorney _ w _ Moved by: �� ',j� ' S/� CS 7V y econded by: I'�i Vote: Mayor Goldman(Yes) (No) Vice Mayor Viscarra (Yes) (No) Commissioner Joseph '7/(Yes) (No) . Commissioner Lama Yes) __;(Yes) (No) Commissioner Stuyvesant (No) @BCL@A40BEC35.doc Page 2 of 2 352 DocuSign Envelope ID: E77C17E7-8758-42EE-B4D6-10975665FBBE FO` SNNNY /S[ flee` x FIRST AMENDMENT TO THE PROJECT AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND KEITH AND ASSOCIATES. INC.. D/B/A KEITH FOR TOWN CENTER PARK UPGRADES This First Amendment to the Project Agreement between the CITY OF SUNNY ISLES BEAC,I,I ("City") KEITH AND ASSOCIATES, INC. D/B/A KEITH ("Consultant"), executed this i day of , le R-- , 2022, is made a part of the original Project Agreement ("Project Agreement') dated May 24, 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 "1" 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 t`"Basis of Compensation", to provide compensation for the additional scope of services described in Attachment `B", as follows: Task 704 - Site Lighting Layout and Coordination ................................................ $800.00 Task 501 Electrical Construction Documents ....................................................$2,920.00 Except as otherwise set forth herein, all other terms and conditions of Section 5 shall remain in full force and effect. 3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, all terms and conditions of the Project Agreement between the parties dated May 24, 2022, shall remain in full force and effect. 4. 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". IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the date mentioned above. WITNESS: KEITH AND ASSOCIATES, INC. D/B/A KEITH Signature Print Name ATT BY: FDocuftned by: lu;e� Owtda Sl ,ffi?U,996331468... Alex Lazowick Print Name, As its. President CITY OF SUNN SLES BEACH BY: DaAt Robin Goldman, Mayor CMC City Clerk APPR ED AS O F AND LEGAL S FFI IE Y BY: k,.,,/Edward A. Dion, City Attorney 354 PROJECT AGREEMENT Between THE CITY OF SUNNY ISLES BEACH And KEITH AND ASSOCIATES, INC. D/B/A KEITH For TOWN CENTER PARK UPGRADES 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 454 355 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 LANDSCAPE / DESIGN DEVELOPMENT PLANS 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. 455 356 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. 456 357 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. 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 457 358 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 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. 458 359 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. 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 $32,900.00 based on services rendered pursuant to Sections 2.3 through 2.5 and EXHIBIT 4," 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 401 - Preliminary Engineering / Design Development Plans .............. $4,500.00 Task 402 - Engineering Construction Documents ........................................ $6,400.00 Task 403 - Engineering Permitting............................................................... $4,000.00 Task 701 - Preliminary Landscape / Design Development Plans ................. $6,500.00 Task 702 - Tree Inventory and Appraisal by Certified Arborist ................... $1,500.00 Task 703 - Landscape Construction Documents ........................................ $10,000.00 5.3 Additional services of the Consultant as described in Section 2.6, if any, shall be compensated as follows: 459 360 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 $2,000.00 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. 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 460 361 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. 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. 461 362 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] 462 363 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. (SEAL) CITY CITY OF SUNNY .ISLES BEACH, FLORIDA By: A e_— ' Dana Robin Goldman, Mayor 21p ' day of , 2022. Approved as to form for the City: Edward A. Dion, City Attorney By: Edward A. Dion City Attorney 463 364 CONSULTANT Keith and Associates, Inc. dba KEITH 20th day of April 2022, Please type name of Secretary `````%IIIIIIIII ,If SS �Z.� v r� N (CORPORATE SEAL) Y SEAL ; z �� . a�OR10P.•' �. WI ESS a.14.i a tOry ri#a'i s1,e� i h 365 KEITH EXHIBIT "1" 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) .Fe+i34, 2922 April 6, 2022 WORK AUTHORIZATION NO. # 03 TASK ORDER NO. (CITY No. TBD) PROJECT NO.11723.03 (KEITH) PROJECT NAME: Town Center Park Upgrades Project Location: 17200 Collins Ave., 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 improvement upgrades to the existing Town Center Park. The existing park property is identified within Folio #31-2211-001-0290 and is owned by the City of Sunny Isles. The overall property is approximately 3.5 acres. The portion of the property that will be developed as part of these improvements is limited to the western portion of the park (outlined in red) consisting of approximately 0.4 acres. The existing park property is located on the northwest corner of 172nd Street and Collins Avenue (S.R. AIA). The proposed upgrades to the existing park, based on the Conceptual Master Plan provided by the CITY (prepared by O'Leary Richards Design Associates) consists of the following: 1. Landscape improvements a. Up to eight (8) large canopy shade trees. b. Cabbage palms. c. Sculped berms. 2. Hardscape Improvements a. New decorative concrete sidewalk with exposed aggregate shell. b. Paver plaza. c. (2) Existing shade structure frames with new canopies. d. (1) Commissioned Sculpture with Water Feature and Lighting. Designed by Others. e. (1) "Muse" Sculpture with Lighting. 3. Existing building with new fagade treatment. Per the CLIENT, the following professional services are to be included in the proposal: 1. Civil Engineering by KEITH 2. Landscape Architecture by KEITH Topographic Survey for the project site limits was previously completed by KEITH under a separate work order. www.l<EITHteam.com pompano beach (HQ) • fort Lauderdale • miami 9 west palm beach • orlando • tallahassee 366 April 6, 2022 / Page 2 of 8 11723.04 — Town Center Park Upgrades City of Sunny Isles Beach 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 Concent Master Plan Engineering Inspired Design. 1 April 6, 2022 / Page 3 of 8 11723.04 — Town Center Park Upgrades City of Sunny Isles Beach SURVEY SERVICES Topographic Survey for the project site limits was previously completed by KEITH under a separate work order. SUBSURFACE UTILITY ENGINEERING (SUE) SERVICES Subsurface Utility Engineering (SUE) Services including horizontal designation, utility location, utility mapping and franchise utility coordination are not included in this scope of work. If required, the CONSULTANT will be pleased to provide 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 a topographic survey previously prepared by KEITH and the site plan prepared based on the Conceptual Master Plan provided by the CITY (prepared by O'Leary Richards Design Associates) to prepare the preliminary / design development civil engineering plans. 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. 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. Calculations shall be performed to address the impacts of the proposed development relating to the Engineering Inspired Design. 0 April 6, 2022 / Page 4 of 8 11723.04 — Town Center Park Upgrades City of Sunny Isles Beach 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. On-site Water Distribution and Sanitary Sewer Plans KEITH shall prepare combined water distribution and sanitary sewer system plans to service the proposed improvements. 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. 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 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 Water and Sewer System • Not Applicable Paving, Grading, and Drainage System • Miami -Dade County DERM — Water Control Section (WCS). • City of Sunny Isles Beach Engineering Department (� Engineering Inspired Design. April 6, 2022 / Page 5 of 8 11723.04 — Town Center Park Upgrades City of Sunny Isles Beach 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. LANDSCAPE ARCHITECTURE SERVICES Task 701 Preliminary Landscape / Design Development Plans KEITH will prepare for the approval of the CLIENT the Preliminary Landscape Plans. This plan set will be based on the Conceptual Master Plan provided by the CITY (prepared by O'Leary Richards Design Associates). Prepared 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. Deliverables 1. 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. 2. 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 Tree Inventory and Appraisal by Certified Arborist KEITH will visit the project to confirm and evaluate the location, size and quality of existing trees on the project site (within the existing fence to remain) and identify which trees shall be removed or relocated, as well as any remaining trees that will require protection. Deliverables 1. KEITH will develop a Tree Disposition Plan depicting all existing trees on the project site. This plan will indicate species (scientific and common name), size (DBH, height and canopy spread) and condition according to ISA regional information. Plan will also note which trees are to be removed, which are to be relocated, and which are to remain and be protected throughout construction. Note — Delineation or Removal of Mangroves is not included in this scope of work. Engineering Inspired Design. April 6, 2022 / Page 6 of 8 11723.04 —Town Center Park Upgrades City of Sunny Isles Beach 2. KEITH will develop a table including basic tabulations and calculations for tree removal and mitigation as required by local jurisdiction. NOTE: It is assumed that no arborist reports will be required for this project. If requested, a contract addendum will be submitted to the CLIENT. * Task 703 Landscape Construction Documents 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. Note — as noted by the CLIENT, the water feature and commissioned art/sculpture per the conceptual plan are by others and therefore not included in this scope of work. 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. Tree Disposition Plan (per Task 702) — updated as required. e. Irrigation Plans and Details — Point of connection, head layout, piping, equipment schedule and details. f. 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. 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 / 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. Engineering Inspired Design. 1 April 6, 2022 / Page 7 of 8 11723.04 —Town Center Park Upgrades City of Sunny Isles Beach PROJECT SCHEDULE 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 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 anyway be pertinent to the project. D. Assist in contacting all permitting agencies to facilitate expediting reviews and/or approvals. Engineering Inspired Design. 1 TASK DURATION 1 month Task 401 - Preliminary Engineering / Design Development Plans Task 402 - Engineering Construction Documents 2 months Task 403 - Engineering Permitting 2 to 3 months Task 701 - Preliminary Landscape / Design Development Plans Concurrent with Task 401 Task 702 - Tree Inventory and Appraisal by Certified Arborist Concurrent with Task 401 Task 703 - Landscape Construction Documents Concurrent with Task 402 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 anyway be pertinent to the project. D. Assist in contacting all permitting agencies to facilitate expediting reviews and/or approvals. Engineering Inspired Design. 1 April 6, 2022 / Page 8 of 8 11723.04 — Town Center Park Upgrades City of Sunny Isles Beach 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. 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 CITY": CITY OF SUNNY ISLES BEACH By: CONSULTANT: KEITH By: ALEX LAZOWICK President Engineering Inspired Design. 0 Task 401 - Preliminary Engineering / Design Development Plans $ 4,500(Lump Sum Task 402 - Engineering Construction Documents $ 6,400(Lump Sum Task 403 - Engineering Permitting $ 4,000(Lump Sum Task 701 - Preliminary Landscape / Design Development Plans $ 6,500(Lump Sum Task 702 - Tree Inventory and Appraisal by Certified Arborist $ 1,500(Lump Sum Task 703 - Landscape Construction Documents $10,000(Lump Sum CONSULTANT'S TOTAL COMPENSATION $32,900 (Lump Sum) DIRECT EXPENSES / REIMBURSABLES $2,000 (Time and Materials) TOTAL FEE $34,900(Lump Sum CITY": CITY OF SUNNY ISLES BEACH By: CONSULTANT: KEITH By: ALEX LAZOWICK President Engineering Inspired Design. 0 � KEITH CITY OF SUNNY ISLES BEACH - PROFESSIONAL SERVICE FEE SCHEDULE Hourly Rate ProjectExecutive......................................................................................................................... $350.00 ExpertWitness............................................................................................................................. $500.00 GovernmentLiaison..................................................................................................................... $400.00 Senior Project 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 Construction Manager.................................................................................................................. $150.00 Engineering Inspector III.............................................................................................................. $125.00 Engineering Inspector II............................................................................................................... $100.00 Engineering Inspector I................................................................................................................ $90.00 ChiefSurveyor............................................................................................................................. $175.00 Senior Surveyor & Mapper.......................................................................................................... $150.00 ProjectSurveyor II....................................................................................................................... $125.00 ProjectSurveyor I........................................................................................................................ $110.00 TechnicianIII............................................................................................................................... $100.00 TechnicianII................................................................................................................................ $90.00 TechnicianI................................................................................................................................. $80.00 SeniorPlanner.............................................................................................................................$140.00 PlannerII.................................................................................................................................... $120.00 PlannerI..................................................................................................................................... $100.00 Senior Landscape Architect......................................................................................................... $150.00 LandscapeArchitect.................................................................................................................... $135.00 Arborist....................................................................................................................................... $140.00 LandscapeDesigner III................................................................................................................ $125.00 LandscapeDesigner II................................................................................................................. $100.00 LandscapeDesigner I.................................................................................................................. $90.00 Chief Utility Coordinator............................................................................................................... $160.00 Senior Utility 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 Survey Static Laser Scanning...................................................................................................... $250.00 Survey Terrestrial Mobile LiDAR............................................................................................ Per Project SurveyDrone Photos...................................................................................................................$200.00 Impervious Coring>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 beach (1-10) 9 fort Lauderdale • miami • west palm beach • orlando • tallahassee KEITH Engineering Inspired Design. CONTRACT ADDENDUM August 26, 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: Town Center Park Project Location: 17200 Collins Ave Sunny Isles Beach, FL 33160 KEITH Project Number: 11723.03 Contract Addendum: #01 Project Manager: Sarah Landucci Task 704 Site Lighting Layout and Coordination The CLIENT has requested the CONSULTANT (KEITH) provide site lighting for the Meditation Garden at Town Center Park. KEITH will provide lighting layout, photometric calculations, fixture type and catalog cut sheets to the Electrical Engineer (SGM). Task 501 Electrical Construction Documents (SGM Engineering — Electrical Sub.) In coordination with KEITH, SGM Engineering will provide electrical engineering services for the design documents for the Meditation Garden at Town Center Park. The following elements will be addressed in the design phase: 1. Visit the site where the new park is going to be built to investigate and survey the following conditions of the area: • Record all existing electrical utilities in the area that are required to be removed or relocated to make space for the new park. 2. Existing pole mounted lighting fixtures will be assessed and replaced with new. 3. Provide design for new electrical underground branch circuits (conduit and wire) for the lighting added to the park and multiple shade canopy structures. 4. Provide lighting fixture schedules for all life -safety lighting. 5. Provide selection of code compliant (wind load) parking lot poles with associated bases and underground boxes. 6. Provide new panelboards and circuit breakers at existing buildings for source of power for all lighting fixtures and irrigation equipment. 7. Design documents will include electrical book of construction specifications. SCHEDULE Task 704 Site Lighting Layout and Coordination 2 weeks Task 501 Electrical Construction Documents (SGM Engineering -Electrical Sub.) 3 weeks www.KEITHteam.com Pompano Beach (HQ) • Fort Lauderdale • Miami • West Palm Beach • Orlando 375 August 26, 2022 / Page 2 of 2 Town Center Park I Project #11723.03 City of Sunny Isles Beach Contract Addendum # 01 COMPENSATION Task 704 Site Lighting Layout and Coordination $800 (Lump Sum) Task 501 Electrical Construction Documents (SGM Engineering -Electrical Sub.) $2,920 (Lump Sum) Total Fee $3,720 + reimbursables 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 As to CLIENT KEITH City of Sunny Isles Beach Signature: Alex Lazowick Print Name: President Title: DATED: DATED: Engineering Inspired Design. ' 376 SGM ENGINEERING August 24th, 2022 Sarah Landucci Landscape Designer III Office: 954.788.3400 Email: slanducci@keithteam.com www.KEITHteam.com 5805 Blue Lagoon Dr Suite 285 Miami, Florida 33126 (954) 421-1944 (954) 421-1924 fax www.sgmengineering.com Reference: Proposal # 2022-362; City of Sunny Isles Beach -Town Center Park Dear Sarah, It is our pleasure to provide electrical engineering services for the design documents of the new lighting for the new park added for the Town Center 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. ➢ Existing pole mounted lighting fixtures will be assessed and replaced with new. ➢ Provide design for new electrical underground branch circuits (conduit and wire) for the lighting added to the park and multiple shade canopy structures. ➢ 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. Commissioning LEED ➢ Fundamental and enhanced commissioning are excluded. These services can be provided by SGM at additional cost. ➢ LEED administration or design services are not included in this proposal. These 5805 Blue Lagoon Drive ■ Suite 285 ■ Miami, A 33126 ■ 954-421-1944 ■ www.SGMEngineering.com 377 Page 2 of 3 Exclusions Codes services can be provided by SGM at additional cost. ➢ Construction Administration is excluded from our scope of services. ➢ 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 Nine hundred and Twenty Dollars ($ 2,920). ➢ 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.SGMEngineering.com 378 Page 3 of 3 Billing Category Hours Required Hourly Billing Rate Total Principal in Charge 0 $140 $0 Project Manager 2 $130 $260 Senior Engineer 10 $100 $1000 Engineer 16 $90 $1,440 SR Designer 0 $85 $0 Designer 0 $80 $0 Construction Administrator 0 $90 $0 Cadd Operator 2 $60 $120 Office Administration 2 $50 $100 TOTAL FEE $2,920 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 Engineering 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, FI 33126 ■ 954-421-1944 • www.SGMEngineering.com 379 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (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: September 15, 2022 RE: Approval of a First Amendment to the Agreement with Keith and Associates, Inc. for Upgrades Town Center Park. RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach desires to add additional lighting upgrades to the Town Center Parl ("TCP") Meditation Garden Project. Consultant Keith and Associates, Inc. are qualified to provid electrical engineering services in an amount not to exceed $3,720.00. 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. 300-6-5720-465000-75001. ATTACHMENTS: Resolution First Amendment Item Number: 10.0 350 Attachment "B" Additional Scope of Services Supplement to Exhibit "1" of Project Agreement KEITH Engineering Inspired Design. April 18, 2023 Richard Labinsky, PE, City Engineer City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Phone: (305) 947 — 0606 E-mail: riabinsky@sibfl.net CONTRACT ADDENDUM Project Name: Town Center Park Project Location: 17200 Collins Ave Sunny Isles Beach, FL 33160 KEITH Project Number: 11723.03 Contract Addendum: #02 Project Manager: Sarah Landucci DESCRIPTION OF ADDITIONAL SERVICES CONSTRUCTION ADMINISTRATION SERVICES Task 801 Construction Observation & Administration Support Services — Civil and Landscape KEITH shall provide construction services 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 place in the time frame indicated in the "SCHEDULE" for CONSTRUCTION ADMINISTRATION SERVICES below. Shop Drawing Reviews KEITH shall review required shop drawings, such as samples, product data, plant photos, 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. 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. KEITH shall represent the CLIENT in performing periodic observation of construction as necessary to confirm construction is in accordance with the approved plans. KEITH will provide additional construction observations at the request of the CLIENT / Permit agencies due to unforeseen conditions or other circumstances. Additional construction observation services, Re -tests and failed inspections, will be invoiced on a time and material basis in accordance with KEITH Professional Service Fee schedule (attached). www.I(EITHteam.com Pompano Beach (HQ) 9 Fort Lauderdale 0 Miami • West Palm Beach • Orlando April 18, 2023 / Page 2 of 3 Town Center Park I Project #11723.03 City of Sunny Isles Beach Contract Addendum # 02 Issue Clarifications KEITH shall issue all instructions and revisions of the CITY to Contractor(s); issue necessary interpretations and clarifications of the contract documents; have authority, 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 CITY 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. Meetings and Conference calls KEITH shall attend and or participate in periodic project meetings and conference calls as requested by the CLIENT/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. As-builts Review KEITH will review the record drawings (as-builts) to ensure substantial conformance to the permitted plans twice. Additional reviews due to non-compliant As-builts submitted by the contractor, may impact schedule and will require additional fees. The contractor will be expected to have the as-builts revised in accordance with all comments. Final Inspections KEITH shall participate with the CITY'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 any defective or deficient items. KEITH shall participate in a final inspection together with CITY and contractor representatives to verify "Punch List" items are complete, and in substantial conformance to the permitted plans. Additional inspections due to non-compliant Punch List item, may impact schedule and will require additional fees. Upon satisfactory completion of the final inspection, KEITH shall certify the work has been completed in substantial conformance to the permitted plans, subject to any conditions therein expressed. Final Certifications 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 CITY. We anticipate the following items requiring as -built certification: • Overall Paving Grading and Drainage System Task 802 Construction Support Services — Lighting and Electrical (SGM Engineering — Electrical Sub.) Refer to Exhibit `A' — SGM Engineering (Sub -Consultant) In coordination with KEITH, SGM Engineering will provide construction support services for lighting and electrical engineering. V Engineering Inspired Design. April 18, 2023 / Page 3 of 3 Town Center Park I Project #11723.03 City of Sunny Isles Beach Contract Addendum # 02 SCHEDULE CONSTRUCTION ADMINISTRATION SERVICES Task 801 Construction Observation & Administration Support Services — Civil and Landscape 3 to 6 months Task 802 Construction Support Services — Lighting and Electrical (SGM Engineering — Electrical Sub.) 2 months COMPENSATION CONSTRUCTION ADMINISTRATION SERVICES Task 801 Construction Observation & Administration Support Services — Civil and Landscape $18,000 (Hourly/Estimate)* Task 802 Construction Support Services — Lighting and Electrical (SGM Enaineerina — Electrical Sub.) $1.200 (Hou rly/Estimate)* Total Fee $19,200 + Reimbursables *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. 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 Mark Castano Director of Civil Engineering DATED: As to CLIENT City of Sunny Isles Beach Signature: Print Nam Title: DATED: V Engineering Inspired Design. SGM ENGINEERING April 14th, 2023 Sarah Landucci Landscape Designer III Office: 954.788.3400 Email: slanducci@keithteam.com www.KEITHteam.com 5805 Blue Lagoon Dr Suite 285 Miami, Florida 33126 (954) 421-1944 (954) 421-1924 fax www.sgmengineering.com Reference: Proposal # 2022-362; City of Sunny Isles Beach - Town Center Park -CA Dear Sarah, It is our pleasure to provide electrical engineering services for the design documents of the new lighting for the new park added for the Town Center Park located in the City of Sunny Isles Beach in Florida. Scope of Professional Services: ➢ Provide CA services as required and attend all site visits as required. Compensation Billing Category Hours Required Hourly Billing Rate Total Principal in Charge 0 $140 $0 Project Manager 0 $130 $0 Senior Engineer 12 $100 $1,200 Engineer 0 $90 $0 SR Designer 0 $85 $0 Designer 0 $80 $0 Construction Administrator 0 $90 $0 Cadd Operator 0 $60 $0 Office Administration 0 1 $50 $0 TOTAL FEE $1,200 5805 Blue Lagoon Drive ■ Suite 285 ■ Miami, FI 33126 ■ 954-421-1944 ■ www.SGMEngineering.com Page 2 of 2 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 Engineerinq 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, FI 33126 ■ 954-421-1944 ■ www.SGMEngineering.com \ {}` r O�1 44 a, a City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (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: May 18, 2023 RE: Second Amendment to the Agreement with Keith and Associates, Inc. foi Construction Administration Services for Town Center Park Meditation Garden RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach desires to utilize Keith and Associates, Inc. for construction administration services of their design for the Town Center Park ("TCP") Meditation Garden and Ar Park Project. Consultant Keith and Associates, Inc. are qualified to provide these services in an amount not to exceed $19,200.00. 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. 300-6-5720-465000-75001. ATTACHMENTS: Resolution Second Amendment Item Number: 10.0