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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