HomeMy WebLinkAboutReso 2024-3635RESOLUTION NO. 2024 -�
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, FOR CIVIL ENGINEERING AND
LANDSCAPE ARCHITECTURAL SERVICES FOR THE BELLA VISTA PARK, IN AN
AMOUNT NOT TO EXCEED FIFTY-EIGHT THOUSAND SEVEN HUNDRED DOLLARS
AND NO CENTS ($58,700.00), ATTACHED HERETO AS EXHIBIT W;
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, on December 15th, 2022, via Resolution No. 2022-3444, the City Commission
approved a First Amendment to the Agreement with the Firm to provide additional services for
the design, permitting, and construction of the seawall located at the Park; and
WHEREAS, pursuant to their review, the Florida Department of Environmental
Protection ("FDEP") has requested additional surveys addressing seagrass located within the
Biscayne Bay Aquatic Preserve ("Surveys"); and
WHEREAS, the Firm has expressed the ability and desire to provide the surveys as
required by FDEP, and has submitted a proposal in the amount of $58,700.00; and
WHEREAS, the City Commission wishes to approve a Second Amendment to the Project
Agreement with the Firm to provide the Surveys, in an amount not to exceed Fifty -Eight
Thousand Seven Hundred Dollars and No Cents ($58,700.00), bringing the total contract amount
R2024 Project 2nd Amend w Keith for Bella Vista Bay Park Page 1 of 2
to Not to Exceed Two Hundred Thirty -Seven Thousand Thirty Dollars and No Cents
($237,030.00), 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 the Firm to provide the Surveys, in an
amount not to exceed Fifty -Eight Thousand Seven Hundred Dollars and No Cents ($58,700.00),
bringing the total contract amount to Not to Exceed Two Hundred Thirty -Seven Thousand Thirty
Dollars and No Cents ($237,030.00), 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.
PASSED AND ADOPTED this 21St day of M rch, 024.
Maurfcio Betancu�, CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
el
0&0�AW
ain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by: `` 0� �, ,Seconded by:
Vote: /
Mayor Svechin V (Yes) (No)
Vice Mayor Lama (Yes) (No)
Commissioner Joseph � (Yes) (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
@BCL@OCOB1035.doc Page 2 of 2 90
SUNNY SFJ
SECOND AMENDMENT TO THE PROJECT AGREEMENT BETWEEN
THE CITY OF SUNNY ISLES BEACH AND KEITH AND ASSOCIATES, INC.,
ryF ;.F=oe' D/B/A KEITH FOR BELLA VISTA SEA WALL DESIGN AND
OVERALL CONSTRUCTION ADMINISTRATION
This SECOND 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 22Wday of March, 2024, is made a part of the original Project
Agreement ("Project Agreement") dated May 27, 2022, between the City and Consultant, as amended,
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," in an amount not to exceed Fifty -Eight Thousand
Seven Hundred Dollars and No Cents ($58,700.00):
Task 104 Sketch & Description — Sovereign Submerged Land Lease ......... $4,700.00
Task 6061n -Season Marine Resource Survey .............................................. $5,200.00
Task 607 Additional Environmental Permitting ........................................... $2,400.00
Task 608 Revised Permit Drawings.............................................................. $8,600.00
Task 609 FDEP SWERP Application........................................................... $4,400.00
Task 610 FDEP SWERP and SSL Lease Processing ................................. $17,900.00
Task 611 Continued DERM Permitting. . $10,100.00
Task 612 USACE Permitting........................................................................ $3,400.00
Task 704 Proposed Upland Deck Design Coordination ............................... $2,000.00
TOTAL....................................................................................................... $58,700.00
The new total compensation for the Project Agreement shall be in an amount not to exceed Two
Hundred Thirty -Seven Thousand Thirty Dollars and No Cents ($237,030.00).
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 27, 2022, as amended,
shall remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Second 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."
Keith — Second Amendment Page 1 of 4
City of Sunny .Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of
the date mentioned above.
]KEITH AND ASSOCIATES, INC.,
d/b/a KEITH
BY:
Alex LA ow' ;President
STATE OF FLORIDA:
COUNTY OF f0 t 60
The foregoing instrument was acknowledged before me by means of Rphysical presence or ❑
online notarization, this c1i day of March, 2024, by Alex Lazowick, as President of Keith and
Associates, Inc.
Keith— Second Amendment Page 2 of 4
BHMNAH WEBER
tJc
--
(SEAL)
NotaN Publlc
Notary Flu-bric, State` of Florida
State of Florida
Comm# HH338288
'cr
(Signature of Notary Public)
Expires 12/5/2026
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
Personally Known_
or Produced Identification
Type of Identification
oduced:
A ZE
CITY OF Y LES BEACH
Ma 'cio' Betan99 r
Larisa Svechin, Mayor
CMC City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: j
lain E. Boileau, for Nabors, Giblin
& Nickerson, City Attorney
Keith— Second Amendment Page 2 of 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment "A"
Original Project Agreement
Keith — Second Amendment Page 3 of 4
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 fall 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 "l." 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 111," 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 ..........................................
$6,000.00
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.
(SEAL)
CITY
CITY OF SUNNY ISLES BEACH, FLORIDA
By:
ana Robin Goldman, Mayor
2fday of , 2022.
Approved as to form for the City:
Edward A. Dion, City Attorney
By: a�'
Edward A. Dion
Z.- City Attorney
426
59
CONSULTANT
Keith and Associates, Inc. dba KEITH
By:
20th day of April , 2022.
Please type name of Secretary
(CORPORATE SEAL)
WITNESSES:
agSOC ?fill����
P, kpORq
� w
SEAL
I �
w�r� • fi�OR1Q�•� ��
...•...
60
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Attachment `B"
Additional Scope of Services
Supplement to Exhibit "1" of Project Agreement
Keith — Second Amendment Page 4 of 4
KEI TH
Engineering Inspired Design.
CONTRACT ADDENDUM
March 5, 2024
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
SURVEY 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: #02
Project Manager: Sarah Landucci
Task 104 Sketch & Description — Sovereign Submerged Lands Lease
KEITH will coordinate with Cummins Cederberg and prepare a Sketch and Legal Description describing the
Sovereign Submerged Lands Lease Area as delineated by the City.
LANDSCAPE ARCHITECTURE SERVICES
Task 704 Proposed Upland Deck Design Coordination (KEITH)
KEITH will provide design coordination for the new deck proposed along upland side of the seawall. KEITH
will coordinate with the CITY and Cummins Cederberg (structural designer) and provide design direction to
ensure the deck meets the needs and design of the park.
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 606 In -Season Marine Resource Survey
Cummins Cederberg will conduct a qualitative marine resource survey to identify the potential seagrasses,
corals, or other marine resources of significance within the proposed project boundaries. Data will be
collected via SCUBA on prepared underwater paper and representative photographs will be taken. The data
will be processed and illustrated on a basemap. The basemap will include location and coverage of
documented marine resources. A brief observation report, including representative photographs, will be
prepared summarizing the investigation.
Task 607 Mitigation Negotiation for Mangrove Impacts
Cummins Cederberg will coordinate with the Agencies to identify practicable mitigation opportunities for
the mangrove impacts that will result from the proposed project. Cummins Cederberg will coordinate with
the City to ensure the mitigation is acceptable and can be implemented.
Task 608 Revised Permit Drawings
Cummins Cederberg will update the permit drawings to include the recent additions to the project including
the riprap placed by the City, two boat lifts, additional access walkway, security gate, Sovereign Submerged
Lands Lease area, marine resource survey basemap, and mangroves within the project area to support
continues permit processing. Seawall cap elevation will be 7.26 ft NGVD with a notch at the existing dock
access walkway to facilitate access. The two boatlifts will be installed on the existing finger pier on the dock.
www.I<EITHteam.com
Pompano Beach (HQ) • Miami • West Palm Beach e Orlando • Port Saint Lucie
March 5, 2024 / Page 2 of 13
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum #2
Cummins Cederberg will also design a new upland deck, landward of existing seawall cap as shown in
image below. The drawings will be referenced to NGVD.
Task 609 FDEP SWERP Application
During the permitting process, the scope of the Project has evolved to include more components, involving
more complex permitting than anticipated in the original contract. Cummins Cederberg will prepare and
process a Statewide Environmental Resource Permit (SWERP) Individual Permit Form with the Florida
Department of Environmental Protection (FDEP).
Task 610 FDEP SWERP and SSL Lease Processing
The FDEP will coordinate with the FWC regarding manatees and other species under their purview during
their permit review for issuance of an Individual SWERP. The FWC will also evaluate compliance with the
Manatee Protection Plan (MPP). Cummins Cederberg will maintain contact with FDEP to review plans and
respond to Requests for Additional Information (RAls) in support of FDEP issuance of a SWERP authorizing
the Project.
Sovereign Submerged Lands Lease Coordination: Cummins Cederberg will coordinate with City to prepare
documentation justifying that the City is facing an extreme hardship so that the FDEP can issue a new lease
within the Biscayne Bay Aquatic Preserve. Cummins Cederberg will coordinate with FDEP towards securing
V Engineering Inspired Design.
March 5, 2024 / Page 3 of 13
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum #2
proprietary authorization for the existing dock, proposed second access walkway, and two proposed boat
lifts. Cummins Cederberg will coordinate with FDEP, the City, and surveyor as required by FDEP.
Task 611 Continued DERM Permitting
Cummins Cederberg will coordinate with Miami -Dade County Division of Environmental Resource
Management (DERM) to request authorization for the proposed project and after the fact authorization for
the riprap placed by the City along the shoreline. The City is proposing a change in the use of boat slips
from commercial, to municipal and transient vessel slips. Cummins Cederberg will maintain contact with
DERM staff to review plans and provide additional information as needed.
Task 612 USACE Permitting
Cummins Cederberg will prepare and process a Department of the Army Application with the USACE,
requesting verification of the General Permit 20 for the two proposed boat lifts on the existing finger piers.
Cummins Cederberg will maintain contact with the USACE to review plans and provide additional
information.
SCHEDULE
SURVEY SERVICES
Task 104 Sketch & Description — Sovereign Submerged Lands Lease 5 Weeks
LANDSCAPE ARCHITECTURE SERVICES
Task 704 Proposed Upland Deck Design Coordination (KEITH) Concurrent with Task 608
MARINE ENGINEERING AND ENVIRONMENTAL CONSULTING SERVICES
(Cummins Cederberg — Structural and Environmental Sub.)
Task 606
In -Season Marine Resource Survey
1 Month (In -Season)
Task 607
Mitigation Negotiation for Mangrove Impacts
2 Months
Task 608
Revised Permit Drawings
2 Months
Task 609
FDEP SWERP Application
Follows Task 608, 2 Weeks
Task 610
FDEP SWERP and SSL Lease Processing
12 Months
Task 611
Continued DERM Permitting
12 Months
Task 612
USACE Permitting
12 Months
Engineering Inspired Design.
March 5, 2024 / Page 4 of 13
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum #2
COMPENSATION
SURVEY SERVICES
Task 104 Sketch & Description — Sovereign Submerged Lands Lease $4,700.00 (Lump Sum)
LANDSCAPE ARCHITECTURE SERVICES
Task 704 Proposed Upland Deck Design Coordination (KEITH) $2,000 (Lump Sum)
MARINE ENGINEERING AND ENVIRONMENTAL CONSULTING SERVICES
(Cummins Cederberg — Structural and Environmental Sub.)
Task 606
In -Season Marine Resource Survey
$5,200.00 (Lump Sum)
Task 607
Mitigation Negotiation for Mangrove Impacts
$2,400.00 (Lump Sum)
Task 608
Revised Permit Drawings
$8,600.00 (Lump Sum)
Task 609
FDEP SWERP Application
$4,400.00 (Lump Sum)
Task 610
FDEP SWERP and SSL Lease Processing
$17,900.00 (Hourly/NTE)*
Task 611
Continued DERM Permitting
$10,100.00 (Lump Sum)
Task 612
USACE Permittina
$3.400.00 (Lump Sum)
Total Fee $58,700.00
*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
Alex Lazowick, PE, PMP, ENV SP
President
DATED:
As to CLIENT
City of Sunny Isles Beach
Signature:
Print Name:
Title:
DATED:
ATTACHMENT — EXHIBIT "A" SUBCONSULTANT'S PROPOSAL DATED March 5, 2024
,71 Engineering Inspired Design.
March 5, 2024 / Page 5 of 13
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum #2
EXHIBIT "A"
SCOPE OF SERVICES
(Provided by Cummins Cederberg)
March 5, 2024
Keith and Associates, Inc.
Attn: Ms. Sarah Landucci
301 E Atlantic Blvd
Pompano Beach, FL 33060
Sent via email: slanducciCcb-keithteam.com
116600 -A1 -R2
RE: Proposal Addendum for Marine Engineering and Environmental Consulting
Services
For the seawall and dock improvements at Bella Vista Park, 500 Sunny Isles Beach
Blvd, Sunny Isles Beach, Miami -Dade County FL
Dear Ms. Landucci:
Pursuant to your request, Cummins Cederberg, Inc. (Cummins Cederberg) is pleased to present
this revised proposal addendum for our continued environmental consulting services for the
proposed seawall and dock improvements 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) contracted Cummins Cederberg Inc. (Cummins Cederberg) to
provide marine engineering and environmental consulting services for the proposed seawall at
Bella Vista Park (Project). The contracted scope of work assumed that the seawall would be
installed at mean high water and would qualify for a Miami -Dade County Division of Environmental
Resources Management (DERM) Short Form Class I Permit, a Florida Department of
Environmental Protection (FDEP) exemption, and a US Army Corps of Engineers (USAGE)
Nationwide 13 Permit verification. The contract also assumed that the DERM biological
assessment would be sufficient for DERM, FDEP, and USACE permitting.
During the permitting process, the scope of the Project has evolved to include more components,
involving more complex permitting than anticipated in our existing contract. The Biological
Assessment conducted by DERM on August 15, 2023, did not include an in -water assessment;
therefore, it was not accepted by FDEP as satisfying the in -season seagrass and marine resource
survey requirement. DERM also observed two white mangroves on-site, which require
unanticipated mitigation negotiations.
CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I Sarasota I St. Petersburg I Tallahassee
Engineering Inspired Design.
March 5, 2024 / Page 6 of 13
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum #2
Bella Vista Park Seawall :116600 -Ai -R2
March 5, 2024 Page 2 of 12
Additionally, through the permitting process with FDEP, it was discovered that the existing dock
does not have a Sovereign Submerged Lands (SSL) Lease authorizing use of lands owned by
the State of Florida. The dock is located on SSL within the Biscayne Bay Aquatic Preserve
(BBAP), which pursuant to Chapter 18-18.006(3)(b), Florida Administrative Code (F.A.C.) there
shall be no further use, sale, lease, or transfer of interests in sovereign submerged lands within
the Aquatic Preserve unless the applicant affirmatively demonstrates that an extreme hardship
exits at the time the application is filed and that the project is clearly in the public interest. Although
the FDEP agrees that the Project is clearly in the public interest, they are questioning whether an
extreme hardship exists. It was also discovered that the City of Sunny Isles Beach conducted
work, including riprap placement, without the required agency authorizations. Placement of
unauthorized dprap requires after -the -fact permit authorization or removal for authorization
concurrent with securing authorization for the proposed Park improvements.
The Project has also evolved to include a higher level of permitting to authorize a second access
walkway to the existing timber dock, a security gate on the dock to restrict public access to a
portion of the dock, and addition of two boat lifts as depicted in Figure 1. Additionally, coordination
with FDEP is necessary to secure a SSL Lease for the existing and proposed structures, as well
as coordination with the environmental regulatory agencies to mitigate impacts to the two existing
mangroves and to secure authorization for the unauthorized placement of riprap along the
shoreline. An updated in -season seagrass survey is also required.
Figure 1- Proposed Additions to Existing tock
CUMMINSCEQERBERG, INC. I Miami I Fort Lauderdale I Jupiter I Sarasota I St. Petersburg I Tallahassee
V Engineering Inspired Design.
March 5, 2024 / Page 7 of 13
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum #2
Bella Vista Park Seawall
March 5, 2024
Scope of Services
The following tasks outline the
Cederberg for the Client and e
November 1, 2022.
116600 -A1 -R2
Page 3 of 12
addendum scope of services to be provided by Cummins
e numbered sequentially from our previous contract dated
Task 4 - In -Season Marine Resource Survey
Cummins Cederberg will conduct a qualitative marine resource survey to identify potential
seagrasses, corals, or other marine resources of significance within the proposed Project
boundaries. The survey was requested by the FDEP; however, the USACE will likely also require
an updated, in water survey. Although the State recognized seagrass growing season is April 1 -
through October 31, the federally (USACE) recognized seagrass growing season is from June 1
- September 30. As such, we recommend conducting the survey between June 1 and September
30. The purpose of this survey is to document any potential marine resources within the footprint
of the proposed work to support environmental regulatory permitting. The biologists will also
document and locate mangroves and other coastal vegetation along the shoreline.
Cummins Cederberg's qualified marine biologists will conduct the survey within the footprint of
the proposed work. Data (e.g., species, percent coverage, and location of marine resources
observed) will be collected via SCUBA on prepared underwater paper and representative
photographs will be taken. The data will be processed and illustrated on a basemap. The basemap
will include location and coverage of documented marine resources. A brief observation report,
including representative photographs, will be prepared summarizing the investigations.
Deliverables: Environmental Survey Report in PDF -format
Fees for Task 4 are lump sum (including expenses): .................................................... $5,200.00
Task 5 - Mitigation Negotiation for Mangrove Impacts: Although DERM will typically
accept a contribution to the Biscayne Bay Environmental Enhancement Trust Fund (BBEETF) for
mangrove impacts, the FDEP and USACE typically do not. Cummins Cederberg will coordinate
with the Agencies and Client to identify practicable mitigation opportunities for the mangrove
impacts that will result from the proposed Project. Cummins Cederberg will coordinate with the
Client and City to ensure the mitigation is acceptable and can be implemented by the City.
Fees for Task 5 are lump sum (including expenses): .................................................... $2,400.00
Task 6 - Revised Permit Drawings
The Client shall provide a survey showing the unauthorized work performed by the City (i.e., riprap
placement) and any mangroves within the Project area. Cummins Cederberg will update the
permit drawings to include the recent additions to the Project including the riprap placed by the
City, the two (2) boat lifts, additional access walkway, security gate, Sovereign Submerged Lands
Lease area, marine resource survey basemap, and mangroves within the Project area to support
continued permit processing (see Figure 1). Seawall cap elevation will be 7.26 ft NGVD with a
CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I Sarasota I St. Petersburg I Tallahassee
V Engineering Inspired Design.
March 5, 2024 / Page 8 of 13
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum #2
Bella Vista Park Seawall 116600 -A1 -R2
March 5, 2024 Page 4 of 12
notch at the existing dock access walkway to facilitate access. The two boatlifts will be installed
on the existing finger pier on the dock. Cummins Cederberg will also design a new upland deck,
landward of the existing seawall cap, as depicted on Figure 1. The drawings will be referenced
to NGVD.
Deliverable: Revised Permit Drawings (PDF Format)
Fees for Task 6 are Lump Sum: .................................................................................... $8,600.00
Task 7 FDEP Permitting
Task 7.1 FDEP SWERP Application: The original contract included preparation and processing
of a Statewide Environmental Resource Permit (SWERP) Exemption Verification form requesting
authorization for a new seawall along the mean high water line, pursuant to Chapter 62-330.051,
F.A.C. Based on the Project revisions requested by the City, an SWERP Individual Permit is
required. Additionally, a request for authorization to use SSL will be prepared requesting a Lease
authorizing the existing and proposed structures. Cummins Cederberg will prepare a SWERP
Individual Permit Application Package and submit it to the FDEP, requesting authorization of the
Project, pursuant to Chapter 62-330, F.A.C. The Client will provide a signed application and
required fees.
Deliverable: SWERP Application packages (PDF Format)
Fees for Task 7.1 are Lump Sum: ................................................................................. $4,400.00
Task 7.2 FDEP SWERP and SSL Lease Processing
FDEP SWERP Processing: The FDEP will coordinate with the FWC regarding manatees and other
species under their purview during their permit review for issuance of an Individual SWERP. The
FWC will also evaluate compliance with the Manatee Protection Plan (MPP). Cummins Cederberg
will maintain contact with FDEP to review plans and respond to Requests for Additional
Information (RAls) in support of FDEP issuance of a SWERP authorizing the Project.
Sovereign Submerged Lands Lease Coordination: FDEP determined that the existing dock does
not have a SSL Lease, as required for proprietary authorization. Structures and slips can often be
grandfathered if documented between 1970 and 1985; however, it appears that the dock at this
site was built between 1985 and 1991. Although the FDEP recognized that the Project is clearly
in the public interest, the FDEP requires additional information demonstrating that an extreme
hardship exists. Cummins Cederberg Cummins will coordinate with the Client and the City to
prepare documentation justifying that the City is facing an extreme hardship by not having their
marine patrol vessels collocated with an upland marine patrol building. Additionally, the
justification will demonstrate that the City suffers an extreme hardship by not having sufficient
waterfront public park access for its residents. Cummins Cederberg will coordinate with FDEP
CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I Sarasota I St. Petersburg I Tallahassee
V Engineering Inspired Design.
March 5, 2024 / Page 9 of 13
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum #2
Bella Vista Park Seawall 116600 -A1 -R2
March 5, 2024 Page 5 of 12
towards securing proprietary authorization forthe existing dock and proposed structures, pursuant
to Chapter 18-21, F.A.C. Cummins Cederberg will maintain contact with FDEP and coordinate
with the Client and the City to provide additional information, as required. Cummins Cederberg
will also coordinate with the Client's surveyor to prepare a State lands lease survey meeting SLIER
0950, as required by FDEP. The Client will provide Cummins Cederberg with a lease fee (in an
amount to be determined), lease billing forms, and the lease survey.
Fees for Task 7.2 are Hourly, NTE (w/o written authorization): ................................... $17,900.00
"This task includes approximately 84 hours, see attached rate sheet.
Task 8 — Continued DERM Permitting
Cummins Cederberg will coordinate with Miami -Dade County Division of Environmental Resource
Management (DERM) to request authorization for the Proposed Project and after -the -fact
authorization for the riprap placed by the City along the shoreline, pursuant to Chapter 24 of the
Miami -Dade County Code. Pursuant to MOP 00375 the docking structure is authorized to moor
five commercial vessels. However, the Manatee Protection Plan (MPP) limits slips in this area to
one motorboat per 100 feet of shoreline. As the City is proposing a change in use of slips, from
commercial to municipal and transient vessel slips, DERM will evaluate the number of authorized
slips against the MPP to approve this change in slip use. Cummins Cederberg will maintain
contact with DERM staff to review plans and provide additional information. The Client will provide
Cummins Cederberg with contractor information, performance and mitigation bonds (if required),
application fees, and permit fees (to be determined based on estimated construction cost). The
City may request DERM waive the permit fees associated with the scope of work herein; DERM
does not authorize waivers for application fees. Note that DERM fees for the after -the -fact portion
of work will be doubled.
Fees for Task 8 are Lump Sum: .................................................................................. $10,100.00
Task 9 — USACE Permitting
The USACE issued a Nationwide 13 verification for the proposed seawall and riprap and a
General Permit 20 verification for the additional access walkway on October 24, 2023. Cummins
Cederberg will prepare and process a Department of the Army Application with the USACE,
requesting verification of the General Permit 20 for the two (2) proposed boat lifts on the existing
finger pier. Cummins Cederberg will maintain contact with the USACE to review plans and provide
additional information (e.g., JaxBO forms, manatee checklist, construction methodology). The
Client will provide Cummins Cederberg with a signed application form.
Fees for Task 9 are Lump Sum: .................................................................................... $3,400.00
Conditions/Assumptions
■ Client shall notify Cummins Cederberg of any known conditions related to the Project that
may affect the scope of services.
CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I Sarasota I St. Petersburg I Tallahassee
V Engineering Inspired Design.
March 5, 2024 / Page 10 of 13
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum #2
Bella Vista Park Seawall 116600 -A1 -R2
March 5, 2024 Page 6 of 12
■ 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. Survey shall also include the location, species, and
spread of any mangroves onsite.
■ 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 from the
Environmental Quality Control Board, a Standard Form with approval from the Miami -
Dade County Board of County Commissioners will not be required, and there will be no
public objections to the proposed Project.
■ This scope does not include a floating kayak dock as it cannot be designed with the
existing structures on site to meet the ADA requirements. It was determined that an upland
sited kayak launch on the north end of the property would be a safety hazard due to
currents and proximity to the bridge.
■ 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.
■ It is assumed that there will be no seagrass or coral impacts that will result from the Project
If the marine resource survey indicates that Project revisions or mitigation for seagrass or
coral impacts is required, an addendum scope will be provided for Client approval.
■ This scope assumes that the City agrees to provide required mitigation to offset impacts
to mangroves that will be impacted by the Project.
■ Scope assumes that 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.
CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I Sarasota I St. Petersburg I Tallahassee
Engineering Inspired Design.
March 5, 2024 / Page 11 of 13
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum #2
Bella Vista Park Seawall
March 5, 2024
116600 -A1 -R2
Page 7 of U
■ Cummins Cederberg does not guarantee, warranty, ensure or otherwise assert that the
project will receive the necessary regulatory authorizations.
■ DERM Class I application and permit fees are doubled for after -the -fact aspects of the
Class I permit. The City may request DERM waive the permit fees associated with the
scope of work herein; they do not authorize waivers for application fees.
■ The Client shall provide the required Sovereign Submerged Lands Lease survey
consistent with SLER 0950 and an existing conditions survey showing the limits of City
work and mangroves onsite.
■ The City shall provide a letter explaining why an extreme hardship exists that will be
mitigated by the existing and proposed structures, as required for proprietary authorization
pursuant to 18-21 FAC, for issuance of a Sovereign Submerged Lands Lease.
■ Any further structural additions, other than those included herein as depicted in Figure 1,
may require an addendum scope of budget. Client has eliminated the previously proposed
additional finger pier on the north end of the existing dock.
■ City agrees to eliminate the additional access walkway if the FDEP determines it cannot
be authorized pursuant to 18-18 FAC and/or 18-21 FAC.
Estimated Duration
Task
Duration
4 In Season Marine Resource Survey'
4 weeks from June 1
5 Mitigation Coordination for Mangrove Impacts
8 weeks from ATP
6 Revised Permit Drawings
4 weeks from Task 4
7.1 SWERP Application
2 weeks from Task 6
7.2 SWERP & SSL Lease Processin 2
12 months from Task 7.1
8 Continued DERM Processin 3
12 months from Task 7.1
9 JUSACE Permittinga
12 months from Task 7.1
1. Marine resource survey during seagrass growing season June 1 -Sept 30
2. Must demonstrate publicinterest and extreme ha rdshi
3. DERM cannot issue until FDEP issues ro rieta
4. USACE cannot issue until FDEPlsssues WQCand CZM
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.
General
We appreciate the opportunity to prepare this proposal addendum for our continued
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
CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I Sarasota I St. Petersburg I Tallahassee
V Engineering Inspired Design.
March 5, 2024 / Page 12 of 13
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum #2
Bella Vista Park Seawall 116600 -A1 -R2
March 5, 2024 Page 8 of 12
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
pcuttCcDCum minsCederbero.com.
Sincerely,
CUMMINS CEDERBERG, INC.
��
6�wv
Penny Cutt
Senior Director
Read and Accepted by Client:
By:
Name:
Title:
Date:
Enclosures:
2024 Rate Schedule
General Terms & Conditions
Certificate of Insurance
CUMMINS CEDERBERG, INC. I Miami I Fort Lauderdale I Jupiter I Sarasota I St. Petersburg I Tallahassee
Engineering Inspired Design.
March 5, 2024 / Page 13 of 13
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum #2
Bella Vista Park Seawall
March 5, 2024
116600 -A1 -R2
Page 9 of 12
CUMMINS CEDERBERG, INC. 2024 RATE SCHEDULER
Title
Hourly Rate
Principal
$350.00
Senior Director
$275.00
Project Director
$255.00
Senior Project Manager
$230.00
Project Manager
$205.00
Chief Scientist
$240.00
Senior Scientist
$205.00
Project Scientist
$165.00
Associate Scientist II
$150.00
Associate Scientist 1
$125.00
Chief Engineer
$275.00
Senior Engineer
$240.00
Project Engineer
$200.00
Associate Engineer II
$175.00
Associate Engineer 1
$150.00
Senior Designer
$165.00
Designer
$135.00
Senior GIS Analyst
$170.00
GIS Analyst
$130.00
Technician
$90.00
Clerical
$80.00
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 Sarasota I St. Petersburg I Tallahassee
0 Engineering Inspired Design.
FLO'-
oFTp of sup+''
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: March 21, 2024
RE: Approval of a Second Amendment to the Agreement with Keith and
Associates, Inc. for Additional Civil Engineering and Landscape Architectural
Services for Bella Vista Park
RECOMMENDATION:
Staff is recommending the City Commission approve the attached Resolution.
REASONS:
The City of Sunny Isles Beach desires to develop the park property known as Bella Vista Park located at
the existing park property located on the southeast corner of Sunny Isles Beach Blvd. (S.R. 826) bridge
and the Intracoastal Waterway. The City has previously approved an agreement with Keith and
Associates, Inc. to design and permit the Seawall Design thru Cummins Cederberg Coastal & Marine
Engineering. Upon permit submittal FDEP has requested additional services for seagrass survey,
addressing issues related to the site being within the Biscayne Bay Aquatic Preserve and preparation of
a Sovern Submerged Land Lease for the dock. Consultant has agreed to provide service in an amount
not to exceed $58,700.00.
Pursuant to the provisions contained in the Continuing Services Agreement between the City of Sunny
Isles Beach ("City") and Keith and Associates, Inc. ("Consultant") for Professional Civil Engineering
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.
Item Number: 10.1)
87
ATTACHMENTS:
Resolution
Second Amendment
Item Number: 10.D
88