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HomeMy WebLinkAboutReso 2024-3731RESOLUTION NO. 2024 - -3 7 31 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A PROJECT AGREEMENT WITH KEITH AND ASSOCIATES, INC., d/b/a KEITH, TO PROVIDE CIVIL ENGINEERING AND LANDSCAPE SERVICES FOR THE REDEVELOPMENT OF THE PLAYGROUND AREA AT TOWN CENTER PARK, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED NINETEEN THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($219,500.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") is the owner of the property located at 17200 Collins Avenue, known as Town Center Park ("Park"); and WHEREAS, on January 211t, 2021, via Resolution No. 2021-3160, the City Commission 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 services ("Services") to the City, and entered into a Continuing Services Agreement to provide said Services on an as needed basis; and WHEREAS, the City is in need of a firm to provide the Services for the redevelopment of the playground area at the Park ("Project"); and WHEREAS, after careful review and consideration, the City Manager has determined that based on relevant experience, qualification, and past performance, the Firm is uniquely positioned to provide the City with the desired Services for the Project; and WHEREAS, the Firm has expressed the ability and desire to provide these Services and has submitted a proposal; and WHEREAS, the City Commission wishes to enter into a Project Agreement with the Firm to provide the Services for the Project, in an amount not to exceed Two Hundred Nineteen Thousand Five Hundred Dollars and No Cents ($219,500.00), 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 Prosect Agreement. The City Commission hereby approves a Project Agreement with Keith and Associates, Inc., d/b/a/ Keith to provide the Services for the Project, @BCL@5COB038E.doc Page 1 of 2 104 in an amount not to exceed Two Hundred Nineteen Thousand Five Hundred Dollars and No Cents ($219,500.00), attached hereto as Exhibit "A". Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. 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 22nd da of O tober, 2024. Mauri4 Betancgr, CMC, City Clerk Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4&� A ain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney econcled by: Moved by: ealkIls5wo-'L "0�45 Vote: Mayor SvechinYes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph (Yes) No) Commissioner Stuyvesant ('Yes) (No) Commissioner Viscarra (Yes) (No) @BCL@5COB038E.doc Page 2 of 2 105 PROJECT AGREEMENT Between THE CITY OF SUNNY ISLES BEACH And KEITH AND ASSOCIATES, INC. D/B/A KEITH For PLANNING, ENGINEERING, AND LANDSCAPE SERVICES TOWN CENTER PARK PLAYGROUND REDEVELOPMENT 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 "I," Scope of Services. The Consultant assumes full responsibility to the City for the improper acts, negligence, and omissions of its subconsultants and of all others employed or retained by the Consultant in connection with the Project. 106 2.2 VERIFICATION OF CITY DOCUMENTS AND PROJECT SITE 2.2.1 Execution of this Agreement by the Consultant constitutes a representation that the Consultant has become familiar with the Project site and the local conditions under which the Project is to be implemented. 2.2.2 Consultant shall review, examine, and verify the documents and information furnished by the City concerning the Project site with respect to locations, elevations, and all other existing conditions, etc., before preparing design documents. Consultant shall compare any documents furnished by the City to the Project site to verify dimensions, clearances and the like before preparing design documents. The Consultant shall be solely responsible for any inaccuracies or conflicts that might have been detected or avoided by such verification. 2.3 PRELIMINARY LANDSCAPE / DESIGN DEVELOPMENT PLANS 2.3.1 The Consultant shall review and examine the information, including any desired schedule and budgetary requirements, furnished by the City to understand the requirements of the Project and shall review its understanding of such requirements with the City. 2.3.2 The Consultant shall furnish to the City a preliminary written evaluation of such information in light of any Project budget requirements. 2.3.3 The Consultant shall review and discuss with the City any alternative approaches to design and construction of the Project. 2.3.4 The Consultant shall prepare and submit to the City for its review of Preliminary Landscape Plan documents illustrating the scale and relationship of proposed Project components. The Consultant shall be responsible for furnishing a legal description and any necessary survey(s) of the site, including, as may be reasonably required, grades and lines of streets, alleys, .pavements and adjoining structures, rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings and other improvements; and information concerning available service and utility lines above and below grade, including inverts and depths. 2.3.5 The Consultant shall submit to the City an estimate of probable construction costs for the Project. 2.4 SIXTY PERCENT DESIGN DOCUMENTS 2.4.1 Based on the Preliminary Landscape Plan documents and any adjustments to that design, the proposed schedule, or Project budget authorized by the City, the Consultant shall prepare and submit to the City for its review, 60% design documents consisting of drawings and other documents to fix and describe the size and character of the Project as to civil, architectural, structural, mechanical and electrical systems; landscape architectural and irrigation design; materials and such other elements as may be appropriate. 107 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. 108 2.5.8 The Consultant will investigate, study, and analyze any proposed substitutions of materials or equipment and shall advise the City with respect to same. 2.6 ADDITIONAL SERVICES The following services of the Consultant are not included in Sections 2.3 through 2.5, nor in EXHIBIT "1," Scope of Services. Nevertheless, the Consultant shall provide such services as related to the Project if authorized in writing by the City prior to the performance or furnishing of same, and, unless otherwise specified in this Agreement, said services shall be paid for by the City as provided hereinafter. 2.6.1 Making revisions in drawings, specifications or other documents when such revisions are inconsistent with written direction by the City previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents and not reasonably anticipated, or are due to other causes not within the control or responsibility of the Consultant, either in whole or in part. 2.6.2 Preparing drawings, specifications and supporting data in connection with Change Orders, provided that such Change Orders are issued by the City due to causes not within the control or responsibility of the Consultant, either in whole or in part. 2.6.3 Providing services concerning repair or replacement of work damaged by fire or other cause during construction provided that such services are required by causes not the responsibility of the Consultant, either in whole or in part. 2.6.4 Providing services made necessary solely by the default of the Contractor or defects or deficiencies in the work of the Contractor. 2.7 SERVICE SCHEDULE 2.7.1 Upon receipt of the Notification of Commencement and the fully executed Purchase Order, the Consultant shall commence services to the City on the Commencement Date, and shall continuously perform services to the City, without interruption, in accordance with the time frames set forth in the "Project Schedule," a copy of which is attached and incorporated into this Agreement as EXHIBIT "1." The number of calendar days from the Commencement Date, through the date set forth in the Project Schedule for completion of the Project or the date of actual completion of the Project, which ever shall last occur, shall constitute the Contract Time. 2.7.2 No Damages for Delay: The Consultant shall not be entitled to any claim for damages including, but not limited to, loss of profits, loss of use, home office overhead expenses, equipment rental and similar costs on account of delays in the progress of the Project from any cause or national disaster or emergency, unusual delay in deliveries, unusual delay in procuring permits, differing site conditions, unavoidable casualties or other cause beyond the Consultant's control, or by delay authorized by the City, or by other causes which the Consultant determines may justify delay. The Consultant's sole recovery and remedy for 109 any such delay shall be a reasonable extension of time and a revision to the Project Schedule as determined by the City. However, additional costs to the Consultant or delays in the Consultant's performance caused by improperly timed activities shall not be the basis for granting a time extension. If the Consultant wishes to make a claim for an increase in time of performance, written notice of such claim shall be made to the City within three (3) working days after the occurrence of the event, or the first appearance of the condition giving rise to such claim. The City's representative shall determine whether the Consultant is entitled to a time extension for the delay. The failure of the Consultant to give such notice shall constitute a waiver of any claim under this section. 2.8 PERSONNEL 2.8.1 The Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those supervisory or primary functions indicated: NAME FUNCTION Alex Lazowick President So long as the individuals named above remain actively employed or retained by the Consultant, they shall perform the functions indicated next to their names. Furthermore, the City reserves the right to reject any proposed substitution for any of the above named individuals, and the City shall have the further right to require that any individual assigned to the Project by the Consultant be removed from the Project and reassigned for good cause. SECTION 3 CITY'S BASIC DUTIES TO CONSULTANT 3.1 The City shall provide the Consultant with adequate information regarding the City's requirements for the Project including any desired or required design or construction schedule, or both, and any budgetary requirements including fixed limit of construction cost, prior to the start of the Construction Documents Phase of design, upon which the Consultant shall be entitled to rely. 3.2 The City shall review any documents submitted by the Consultant requiring the City's decision, and shall render any required decision pertaining thereto in a timely fashion. 3.3 The City shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Construction Contract. 3.4 If the City becomes aware of any fault or defect in the Project, nonconformance with the Construction Contract, or of any errors, omissions or inconsistencies in the drawings or specifications, prompt notice thereof shall be given by the City to the Consultant. 110 3.5 The City shall perform those duties set forth in Sections 3.1 through 3.4 as expeditiously as may reasonably be necessary for the orderly progress of the Consultant's services and of the work. 3.6 The City's review of any documents prepared by the Consultant or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the City's construction program and intent. No review of such documents shall relieve the Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. SECTION 4 CONSTRUCTION COSTS 4.1 If the cost of construction exceeds the cost agreed upon by the City by more than 5% of the lowest bona fide bid or negotiated proposal, the City may (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of the Project, (3) terminate the Project and this Agreement in accordance herewith, or (4) cooperate in revising the Project scope or quality, or both, as required to reduce the construction cost. In the case of (4), the Consultant, without additional charge to the City, shall consult with the City and shall revise and modify the drawings and specifications as necessary to achieve compliance with the cost agreed upon by the City. Absent negligence on the part of the Consultant in making its estimates of probable construction cost, providing such modifications and revisions shall be the limit of the Consultant's responsibility arising from the establishment of such construction costs, and having done so, the Consultant shall be entitled to compensation for all other services performed, in accordance with this Agreement. SECTION 5 BASIS OF COMPENSATION 5.1 The City shall compensate the Consultant for an amount not to exceed Two Hundred Nineteen Thousand Five Hundred Dollars and No Cents ($219,500.00) based on services rendered pursuant to Sections 2.3 through 2.5 and EXHIBIT 4," Scope of Services. Billings for each phase shall not exceed the amount allocated to each phase. 5.2 Payment to the Consultant of the sum set forth in Section 5.1 shall be allocated for work completed for each of the following tasks: Task 001 - Team Meetings & Meetings with .............................................. $5,000.00 Task 101— Boundary and Topographical Survey ....................................... $13,500.00 Task 301 — Concept Design........................................................................ $17,500.00 Task 302 — Site Plan Preparation and Processing ....................................... $13,000.00 Task 401 - Preliminary Engineering / Design Development (DD) ............. $15,000.00 Task 402 - Construction Documents (CD) — Final Engineering ................. $25,000.00 Task 403 - Engineering Permitting............................................................. $15,000.00 Task 501 — Electrical Engineering Construction Documents ..................... $15,000.00 111 Task 701 - Preliminary Landscape / Design Development DD ................. $20,000.00 Task 702 - Tree Inventory and Appraisal by Certified Arborist................... $7,500.00 Task 703 — Construction Documents (CD) Final Landscape ..................... $30,000.00 Task 704 — Landscape Permitting................................................................. $2,000.00 Task 801 — Bidding, Cost Estimate, and Selection Assistance ................... $15,000.00 Task 802 — Construction Administration.................................................... $25,000.00 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 One Thousand Dollars and No Cents ($2,000.00) without prior written authorization by the City. 6.2. 1. 1 Reasonable expenses of: mileage reimbursement in accordance with Chapter 112, Florida Statutes; fees paid for securing approval of authorities having jurisdiction over the Project; actual cost of reproduction, postage and handling of drawings, specifications and other documents; renderings, models and mock-ups requested by the City; additional insurance coverage or limits, including professional liability insurance, requested by the City in excess of that required in the Request For Qualifications. The Consultant shall only be reimbursed for the direct cost of the item without additional mark-up. Costs for meals, snacks, and beverages are not considered a reimbursable expense. 112 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. 113 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 114 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. AT,TEST ir, City Clerk (SEAL) CITY CITY OF S Y ISLES BEACH, FLORIDA By: Larisa Svechin, Mayor 2�0 day of September, 2024. APPROVED AS TO FORM FOR THE CITY: By: , fain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney 115 AUTHENTICATE: ec Ly Please type name of Secretaty WITNESSES: CONSULTANT KEITH AND ASSOCIATES, INC., d/b/a KEITH i By: Al6clazowick, President 00*o 20/1-4 JISl day of She' (CORPORATE SEAL) EXHIBIT "I" SCOPE OF SERVICES & PROJECT SCHEDULE 117 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 � KEI TH Engineering Inspired Design. WORK AUTHORIZATION PURSUANT TO THE CONTINUING PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY OF OF SUNNY ISLES BEACH AND KEITH AND ASSOCIATES, INC. (KEITH) July 18, 2024 WORK AUTHORIZATION NO. 06 TASK ORDER NO. (CITY No. TBD) PROJECT NO. 11723.06 (KEITH) PROJECT NAME: Town Center Park Playground Renovation Project Location: 17200 Collins Ave., Sunny Isles Beach, FL 33160 PROJECT UNDERSTANDING The City of Sunny Isles Beach (CLIENT/OWNER) has requested that KEITH (CONSULTANT) provide design services to renovate the existing Town Center Park. The existing park property is located on the northwest corner of 172nd Street and Collins Avenue. This property is identified within Folio #31-2211-001-0290 and is owned by the City of Sunny Isles Beach. The overall property is approximately 3.5 acres and the area that will be renovated is located on the east portion of the park as highlighted below. The proposed upgrades to the existing park include a new bathroom facility with storage and covered vending machines (not included in this proposal), new playground and exercise equipment, lighting, open space, walking trails, natural shade, and plenty of seating areas. The newly constructed Meditation Garden to the west side of Town Center Park will remain and should be kept isolated from the playground area. The existing gazebo and shade structure will remain in place. No additional parking will be provided. The parking lot as well as the ingress and egress to the lot will remain. Per the CLIENT, the following professional services are to be included in the proposal: 1. Survey by KEITH 2. Civil Engineering by KEITH 3. Planning and Landscape Architecture by KEITH 4. Site Lighting/Electrical by subconsultant SDM www.I(EITHteam.com Pompano Beach (HQ) • Miami e West Palm Beach • Orlando • Port Saint Lucie 118 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 July 18, 2024 / Page 2 of 14 11723.06 — Town Center Park Playground Renovation City of Sunny Isles Beach APPROACH KEITH believes in a context -based approach that considers multiple facets of the development process resulting in solutions that are curated for each authentic scenario. In addition to the traditional design approach, we believe careful consideration should be given to economic, ecological, and social factors. This cohesive approach to each project is engineered to enhance the opportunity for a resilient solution. Our approach is categorized into the following three general phases: Exploration Phase — The process of becoming familiar with an area through extensive analysis. Inspiration Phase — The process of developing ideas emanating from the exploration process. Implementation Phase —The process of activating a decision or plan PROJECT AREA Site Map, Renovation Limits Engineering Inspired Design. 1 119 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 July 18, 2024 / Page 3 of 14 11723.06 — Town Center Park Playground Renovation City of Sunny Isles Beach PROJECT SCOPE KEITH will provide the below services to assist the CLIENT and Project Team. ® Survey ❑ ALTA/NSPS ® Topography ® Boundary ® Tree ❑ Sketch and Description ❑ Construction Layout ❑ Construction As -Built ❑ Other ❑ SUE ❑ Horizontal Designation ❑ Location Services ❑ Utility Mapping ❑ Records Research ❑ Other ® Planning Services ❑ Due Diligence ❑ Platting ❑ Rezoning ❑ Conditional Use Permit ❑ Right of Way Vacation © Site Plan Processing and Coordination ❑x Site Plan / Project Coordination ❑ Other ® Civil Engineering Services ® Paving, Grading and Drainage ® Water Distribution and Sanitary Sewer © Erosion Control Plan ❑ Other ❑ Transportation Engineering Services ❑ Major Roadway ❑ Minor Roadway ❑ Drainage ❑ Maintenance of Traffic Plans ❑ Quality Control ❑ Other ❑ Traffic Engineering Services ❑Traffic Impact Study ❑Traffic Impact Statement ❑ Parking Study ❑ Pavement Marking and Signage ❑ Signalization ❑ Roadway Lighting ❑ Other ® Landscape Architecture Services M Hardscape and Paving ❑ Fine Grading ® Landscape ® Irrigation ❑ Site Lighting / Photometrics ❑ Pools or Water Features ❑ Specialty Features ® Tree Inventory & Analysis ❑ Amenity Deck(s) ❑ Other ®Construction/Program Management Services ® Permitting ® Bidding Assistance ® Building Permit Coordination ® Construction Observation ® Construction Certification ❑ Other It is assumed adequate service points already exist on-site or at the abutting site boundary or in the adjacent public right-of-way. No sewage pump station or offsite improvements or extensions, other than service connections, are anticipated under this Proposal. 0 Engineering Inspired Design. 120 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 July 18, 2024 / Page 4 of 14 11723.06— Town Center Park Playground Renovation City of Sunny Isles Beach DESCRIPTION OF SERVICES AND DELIVERABLES MEETINGS AND COORDINATION Task 001 Team Meetings & Meetings with Government Agencies / Permit Authorities KEITH will coordinate, prepare for and attend meetings with Government Agencies, including project orientation meetings, review with City Planning, Zoning, Fire Marshall, Engineering, and Utility representatives, and coordinate with applicable State and County Agencies required for final permit submittals. KEITH will prepare for and attend all team meetings on an as needed basis for the duration of the project. KEITH will be represented at reoccurring team meetings by the project manager and when necessary any team experts for specific disciplines. For all applicable meetings KEITH will provide meeting minutes for the use of capturing discussion items, setting action items as well as follow-up. Unless directed otherwise by the CLIENT these meeting minutes will only serve to capture the items directly responsible to the KEITH team and the interaction with agencies and/or the CLIENT. PHASE 1 — EXPLORATION Task 101 Boundary and Topographic Survey KEITH will prepare a Boundary and Topographic Survey of the subject property being Lots 29 through 31, South Shore Estates, Plat Book 52, Page 69, M.D.C.R.; Together With: a portion of Tracts 2 and 3, Tatums Subdivision of Gov't Lot 6, Plat Book 10, Page 64, M.D.C.R. Survey will show the boundary lines together with surface improvements such as buildings, roadways, pavement, sidewalks, traffic striping, walls, fences, surface utilities, etc. Trees (other than the mitigation area) will be noted by common name and trunk diameter. Storm and Sanitary structures will be noted with the pipe invert elevation, diameter, material, and direction. Survey will be referenced to the Florida State Plane Coordinate System (NAD83/11) and the North American Vertical Datum of 1988 (NAVD88). Elevations will be shown throughout the site (other than the mitigation area) at an interval of approximately 50 feet, including intermediate changes in grade. CLIENT will conduct Title and Easement Searches within the subject property and supply KEITH with the Title Work and Easement Report and documents referenced therein to be plotted on survey. ,IV Engineering Inspired Design. 121 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 July 18, 2024 / Page 5 of 14 11723.06— Town Center Park Playground Renovation City of Sunny Isles Beach PHASE 2 - INSPIRATION Task 301 Conceptual Design The purpose of this task is to work collaboratively with the design team to develop the "big ideas" and to communicate these to the Team and various stakeholders for review and discussion. KEITH will develop concepts that will be preliminary in nature and are not intended as construction documents. They will be presented in a draft and final presentation allowing input and development of the ideas. These findings will then be developed into a conceptual presentation with the overall team for review/approval of the CLIENT. KEITH will develop up to two (2) Conceptual Design options for City's assigned project manager review and approval. After the City reviews the concepts and provides feedback, KEITH will provide a third concept to address all City comments and define the preferred design direction. Concept package will include: a. Illustrative Site Plan(s) b. Supporting Diagrams c. Character Imagery PHASE 3 — IMPLEMENTATION Task 302 Site Plan Preparation and Processing Once the City has selected the preferred concept, KEITH will prepare one (1) dimensioned / detailed Site Plan in accordance with the requirements of the City Land Development Code which will include proposed building locations, vehicular circulation, required landscape areas/buffers, parking requirements, setbacks, dumpster location, fire access and other issues required by City Land Development Code. KEITH will process one (1) Site Plan application which encompasses the project through the City. Services include assisting with the preparation of the application and submittal requirements. Additional tasks associated with the conditions of the development order, additional tasks related to the site plan approval and/or CLIENT comments, may be required. If required, KEITH will provide these additional services under a separate agreement. Task 401 Preliminary Engineering / Design Development (DD) The Preliminary Plans are for regulatory agency Site Plan review and approval. KEITH will research existing available records for the project and prepare preliminary civil engineering plans for the infrastructure improvements to support the processing of the site plan layout for the Project. The preliminary civil engineering plans will be prepared in accordance with the CLIENT and regulatory agency requirements and will include Paving, Grading and Drainage, Water and Sewer System adjustments and services. The preliminary engineering plan will include available existing utility information collected from various sources (Government Agencies, Utility providers etc.). This preliminary utility information will be relied upon by KEITH in the preliminary design phase. Final design will require additional survey and Subsurface Utility investigation to verify the preliminary information supplied to or obtained by KEITH. KEITH will utilize a topographic survey and site plan prepared by KEITH as a base for the preliminary civil plans. Preliminary water, sanitary sewer and drainage calculations will be performed to address the impacts of the proposed development relating to the requirements of the site plan submission. One preliminary engineering plan will be prepared based on the supplied site plan design. The plans will contain the location of the proposed site lighting as designed by the Client's other Consultants. This proposal does not include the design of the site or roadway lighting system(s). Engineering Inspired Design. 122 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 July 18, 2024 / Page 6 of 14 11723.06 — Town Center Park Playground Renovation City of Sunny Isles Beach Deliverables 1. Preliminary Engineering / Design Development Plans. 2. Preliminary Water, Sewer and Drainage Calculations as required. Task 402 Construction Documents (CD) — Final Engineering Paving, Grading, and Drainage Plans KEITH will prepare on-site paving, grading, and drainage construction plans, to support the proposed development, which meet the requirements of the jurisdictional regulatory agencies. Calculations will be performed to address the impacts of the proposed development relating to the requirements for permit agency submittal. The stormwater management system will address water quality treatment and water quantity storage to meet the requirements of the jurisdictional agencies. It is anticipated that the proposed drainage system will consist of a series of catch basins, pipes, swales, and/or dry retention areas. Exfiltration trenches may be proposed for water quality treatment. Typical sections and standard paving and drainage details and notes for the construction of the paving, grading, and drainage system are included. Soils percolation tests to satisfy regulatory agency requirements will be performed by others as required. No offsite roadway improvements beyond a direct driveway connection to the immediately adjacent road are anticipated and as such not included in this Agreement. Fees for these services will be submitted to CLIENT as additional services under a contract addendum if required. Pavement Marking & Signing Plans KEITH will prepare an on-site signing and pavement marking plan for the project that meets the requirements of the regulatory agencies. This plan will include standard details and notes. Water Distribution and Sanitary Sewer Plans KEITH will prepare on-site combined water distribution and sanitary sewer system plans to service the proposed development. Water and sanitary sewer calculations will be performed to address the impacts of the proposed development relating to the requirements for permit agency submittal. It is anticipated that all existing utility infrastructure is adequate to provide the required domestic water, fire, and sanitary sewer services to the proposed improvements. An evaluation of the existing infrastructure regarding capacity to service the proposed development will be made. Design services for Public Infrastructure improvements required to serve the proposed development will be addressed with a supplemental additional services agreement. These engineering services do not include the extension/replacement and/or upsizing of any water and/or sanitary sewer mains surrounding the site. Services associated with designing and permitting any off-site infrastructure improvements (including off-site lift stations) required to provide service to the site will be addressed as additional services. Erosion Control Plans KEITH will prepare an on-site Erosion Control Plan for the project that meets the requirements of the regulatory agencies and for the Contractor's use in preparing and processing the required Stormwater Pollution Prevention Plan (SWPPP), in compliance with the "Generic Permit for Stormwater Discharge from Large and Small Construction Activities (CGP)" through FDEP. The Erosion Control Plan(s) will include standard details and notes to meet the requirements of the regulatory agencies. Demolition Plan KEITH will prepare an on-site Demolition Plans incorporating removal of the existing improvements in conflict with the proposed facilities. This plan will include standard details and notes. Should permitting be required for this work, it will need to be provided by a licensed EngineeringInspired Design. 123 1 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 July 18, 2024 / Page 7 of 14 11723.06 — Town Center Park Playground Renovation City of Sunny Isles Beach demolition contractor. Note: The use of explosive demolition materials and the assessment for or removal of hazardous materials or toxic waste are not included in these services and will not be incorporated in the Demolition Plan. Deliverables 1. Construction Documents (60% and Final Construction Documents) for above referenced Plans. 2. Specifications — For above referenced Design Elements (specifications may be included in the plan sheets or a separate document for inclusion in the Contract Document Specification book.) 3. Water, Sewer and Drainage Calculations as required. Task 403 Engineering Permitting KEITH will prepare and submit the permit applications for the construction of the following improvements and process them through the following regulatory agencies: Development Review Site Plan/Design Review through the City of Sunny Isles Beach Floodplain Management Water and Sewer System Miami Dade County Water and Sewer Department (WASD) — Water and Sanitary Sewer. Florida Department of Environmental Protection (FDEP) —Water and Sanitary Sewer. City of Sunny Isles Beach Engineering Department — Water and Sanitary Sewer. Paving, Grading, and Drainage System • Miami -Dade County DERM — Water Control Section (WCS). • City of Sunny Isles Beach Engineering Department Pavement Markings and Signage • City of Sunny Isles Beach Engineering Department KEITH will supply erosion control plans and ERP / Surface Water management permits, to the owner and building contractor for contractor's use in preparing the NPDES Storm Water Pollution Prevention Plan (SWPPP) and securing the required NPDES Construction Activity Permit. The contractor (as permittee) is responsible to monitor the construction activity for compliance with the NPDES permit and report to FDEP in accordance with the Permit. If additional permits are required, KEITH will process them and the fees for these additional services will be submitted to CLIENT as additional services under a contract addendum if required. Deliverables 1. Permit applications and submittal documents required for above listed regulatory agencies for the listed project improvements. Task 501 Electrical Engineering Construction Documents (Subconsultant) Refer to Exhibit 'A' — SDM Engineering (Sub -Consultant) Electrical Engineering Services Scope and Fees The electrical subconsultant (SDM) will provide electrical engineering services for the site work associated with Town Center Park renovations. The scope includes the following: 1. Provide electrical power to a drinking fountain (specified by others) Engineering Inspired Design. 124 1 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 July 18, 2024 / Page 8 of 14 11723.06 —Town Center Park Playground Renovation City of Sunny Isles Beach 2. Provide electrical power to the existing Gazebo for misters (specified by others) 3. Provide electrical power to an irrigation pump controller (specified by others) 4. Provide additional site lighting with photometrics 5. Provide electrical power for a digital kiosk/bulletin board 6. Provide infrastructure for CCTV cameras Task 701 Preliminary Landscape I Design Development (DD) KEITH will prepare for the approval of the Client the design development documents. The purpose of this task is to work collaboratively with the design team to finalize the optimum arrangement of program and site design elements. These drawings will be in sufficient detail for submittal to the City review agency. The following elements will be addressed in the design development phase: 1. Site program a. Landscape treatment and design approach for each development zone, including refinement of design concepts for outdoor spaces. b. Hardscape and vehicular treatments. c. Playground equipment selections. d. Pedestrian circulation and access issues identified in conceptual programming. Deliverables 1. KEITH will develop drawings, plans, sections, and other information to describe the nature, quality, and scope of site elements of the project. 2. KEITH will furnish the design development submittal, which will be sufficient detail for Site Plan Submittal for Landscape. This submittal also includes a revision for response to City Comments. Changes to the plan due to other disciplines are not included. a) Hardscape & Layout Plan — Material type and layout. b) Landscape Plan — Specification, quantity, layout, calculations, notes and details. c) Tree Disposition Plan (as noted in Task 703) d) Irrigation Statement — Narrative of minimum requirements for irrigation. e) Lighting Coordination — Fixture type, layout — Electrical engineering and photometrics by Electrical Engineer (Task 501). NOTE: This task includes up to two (2) drawing revisions with corresponding comment response letters with the intent of obtaining city approval. If additional revisions are required as a result of city, CLIENT and/or Design Team changes, a contract addendum will be submitted to the CLIENT. Task 702 Tree Inventory and Appraisal by Certified Arborist KEITH will visit the project to confirm and evaluate the location, size and quality of existing trees on the project site and identify which trees are to be removed or relocated, as well as any remaining trees that will require protection. Tree locations to be based on the tree survey provided under KEITH Task 101 or as provided by the CLIENT. Deliverables 1. KEITH will develop a Tree Disposition Plan depicting all existing trees on the project site. This plan will indicate species (scientific and common name), size (DBH, height and canopy spread) and condition according to ISA regional information. Plan will also note which trees are to be removed, which are to be relocated, and which are to remain and be protected throughout construction. 2. KEITH will develop a table including basic tabulations and calculations for tree removal and mitigation as required by local jurisdiction. NOTE: Upon preliminary review, It is assumed that no arborist reports will be required for this Z, Engineering Inspired Design. 125 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 July 18, 2024 / Page 9 of 14 11723.06 — Town Center Park Playground Renovation City of Sunny Isles Beach project. If determined this is required, a contract addendum will be submitted to the CLIENT. Task 703 Construction Documents (CD) — Final Landscape Based on the approved design development, KEITH will develop the construction documents in coordination with the overall design team and CLIENT. The drawings will be developed in a 60% or preliminary documentation for review and coordination, as well as a final for Permit or 100% Construction Documentation. Deliverables 1. Construction Documents (60% and Final Construction Documents) a) Hardscape & Layout Plan — Material type and layout. b) Hardscape Details — General details and section/elevations for character and project understanding - All structural engineering by others and not included in this proposal. c) Landscape Plan and Details — Specific elements, specification, quantity, layout, notes and details. d) Tree Disposition Plan (per task 703) — Updated as required. e) Irrigation Plans and Details — Point of connection, head layout, piping, equipment schedule and details. f) Lighting Coordination — Fixture type, layout and catalog cut sheets — Electrical engineering and photometrics by Electrical Engineer (Task 501). g) Site Furnishings (IE benches, trash receptacles, bike racks) — Furniture layouts; specifications, and final material selections. NOTE: This task includes one (1) drawing revision (after the release of 100% Construction Drawings) in response to City comments. If additional revisions are required as a result of CLIENT and/or Design Team changes, a contract addendum will be submitted to the CLIENT. NOTE: Based upon the approved /provided concept plan, it is assumed that no landscape or irrigation work will be required within an FDOT right of way, therefore FDOT landscape permitting is not included in this task. If determined this will be required, a contract addendum will be submitted to the CLIENT. Task 704 Landscape Permitting KEITH will apply for and coordinate the tree removal/relocation permit with Miami -Dade County DERM. As part of this task, KEITH will allow up to two (2) drawing revisions in response to agency comments. Required Permits • Miami -Dade County DERM — Tree Removal Permit NOTE: If additional permits are required a contract addendum will be submitted to the CLIENT. CONSTRUCTION ADMINISTRATION SERVICES Task 801 Bidding, Cost Estimate, and Selection Assistance KEITH will coordinate a Pre -application or Dry Run submittal with the City of Sunny Isles Beach Building Department and provide the documentation for plans review and approval by the City of Sunny Isles Beach. KEITH will respond to up to two (2) rounds of Building Department permit comments to obtain permit approval. If additional permits are required, KEITH will process them and the fees for these additional services will be submitted to CLIENT as additional services under a contract addendum if required. If permit comments generate a "principle" change to the design intent, KEITH will provide an additional service submitted to CLIENT under a contract addendum if required. Engineering Inspired Design. 126 1 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 July 18, 2024 / Page 10 of 14 11723.06 — Town Center Park Playground Renovation City of Sunny Isles Beach KEITH will prepare a rough order of magnitude cost estimate based on the Construction Document plans. KEITH will look at similar project costs in the past and other readily available information for pricing. KEITH will meet and review with the CLIENT to ensure project stays within budget with the 100% deliverables. KEITH will attend required pre -bidding meetings with proposers having interest over the facilities designed by KEITH and prepare and submit the Bidding documents for construction and assist with the selection process. Deliverables 1. Coordinate and attend Building Permit Pre -Application (Permit Dry -Run) Meeting to review Construction Documents. 2. Assist the CLIENT and/or General Contractor in responding to Building Department Comments to obtain permit approval. 3. Provide Bid information to aid bidding process for comparable bids. 4. Answer Requests for Information if any arise during bidding process. 5. Review Bid Proposals and selection assistance. NOTE: Other specific permits are not anticipated and are NOT included in this task. If additional permits are required a contract addendum will be submitted to the CLIENT. Task 802 Construction Administration Construction Observation for Certification KEITH will provide construction services to ensure the integrity of the design intent and certify to the CLIENT and other jurisdictional agencies that the construction work has been completed in substantial compliance with the approved documents and permits. Any revisions or deviations to original construction documents, including but not limited to, substitutions and/or unforeseen conditions may impact schedule and will require additional fees. Services included are described as follows and are anticipated to take place in the time frame indicated in the "SCHEDULE" for CONSTRUCTION ADMINISTRATION SERVICES below. Shop Drawing Reviews KEITH will review required shop drawings, such as samples, product data, plant photos, and calculations, which the selected contractor is required to submit for review. This review will only be for conformance with the design concept of the project and compliance with the information provided on the design drawings and specifications. Such review will not extend to methods, means, techniques, construction sequence(s) or procedures, or to safety precautions and related programs. KEITH will also determine the acceptability, subject to CLIENT approval, of substitute materials and equipment proposed by contractors. Periodic Site Visits and Construction Observation KEITH will visit the Project at intervals appropriate to the various stages of construction, as KEITH deems necessary to observe as an experienced and qualified design professional to review the progress and quality of the various aspects of the contractor's work. KEITH will coordinate and attend one (1) Pre -construction Meetings. If required by the CLIENT, KEITH will attend or participate in CLIENT scheduled coordination and progress meetings or telephone conferences. The Contractor will coordinate through KEITH the scheduling of testing. KEITH will represent the CLIENT in performing periodic observation of construction as necessary to confirm construction is in accordance with the approved plans. KEITH will provide additional construction observations at the request of the CLIENT / Permit Engineering Inspired Design. 127 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 July 18, 2024 / Page 11 of 14 11723.06 — Town Center Park Playground Renovation City of Sunny Isles Beach agencies due to unforeseen conditions or other circumstances. Additional construction observation services, Re -tests and failed inspections, will be invoiced on a time and material basis in accordance with KEITH Professional Service Fee schedule (attached). Issue Clarifications KEITH will issue all instructions and revisions of the CLIENT to Contractor(s); issue necessary interpretations and clarifications of the contract documents; have authority, to require special inspection or testing of the work; act as initial interpreter of the requirements of the contract documents and judge of the acceptability of the work there under, and make decisions on all claims of the CLIENT and contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the contract documents pertaining to the execution and progress of the work. Meetings and Conference Calls KEITH will attend and or participate in periodic project meetings and conference calls as requested by the CLIENT and CITY. KEITH will review requests for information prepared by the Contractor and respond accordingly to all parties. KEITH will prepare drawings supplemental information needed to address the contractor's request for information. As-Builts Review KEITH will review the record drawings (as-builts) to ensure substantial conformance to the permitted plans twice. Additional reviews due to non-compliant As-builts submitted by the contractor, may impact schedule and will require additional fees. The contractor will be expected to have the as-builts revised in accordance with all comments. Final Inspections KEITH will participate with the CLIENT's representative, in a semi-final inspection for the purpose of determining if the project is substantially complete and participate in the preparation of a written "Punch List" of any defective or deficient items. KEITH will participate in a final inspection together with CLIENT and contractor representatives to verify "Punch List" items are complete, and in substantial conformance to the permitted plans. Additional inspections due to non-compliant Punch List item, may impact schedule and will require additional fees. Upon satisfactory completion of the final inspection, KEITH will certify the work has been completed in substantial conformance to the permitted plans, subject to any conditions therein expressed. Final Certifications KEITH will prepare final certification to all appropriate permitting agencies utilizing record drawings for the design from the survey information supplied by the contractor, or by other means agreed to by both KEITH and CLIENT. We anticipate the following items requiring as -built certification: • Water System • Sanitary Sewer System • Paving, Grading and Drainage System Note: Construction -related surveying (stakeout, as—built plans, etc.) and testing (densities, concrete, LBR'S, etc.) services are not included in this Agreement. Engineering Inspired Design, 128 1 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 July 18, 2024 / Page 12 of 14 11723.06 — Town Center Park Playground Renovation City of Sunny Isles Beach PROJECT SCHEDULE Subsequent to the issuance of a Purchase Order from the CITY, CONSULTANT shall commence work on the project. We anticipate commencing work within 5 business days from notice to proceed, completing the prescribed work within 1 year. Table 1 Schedule Estimate of Engineering Services 5ZI Engineering Inspired Design. 129 TASK DURATION Task 001 Team Meetings & Meetings with Government Agencies / Permit Authorities Duration Task 101 Boundary and Topographic Survey 2 Months Task 301 Conceptual Design 2 Months Task 302 Site Plan Preparation and Processing 3-4 Months Task 401 Preliminary Engineering / Design Development (DD) 2 Months Task 402 Construction Documents (CD) — Final Engineering 2-3 Months Task 403 Engineering Permitting 4-6 Months Task 501 Electrical Engineering Construction Documents (By Electrical Subconsultant - SDM) 3-4 Months Task 701 Preliminary Landscape / Design Development (DD) 2 Months Task 702 Tree Inventory and Appraisal by Certified Arborist 1 Month Task 703 Construction Documents (CD) — Final Landscape 2-3 Months Task 704 Landscape Permitting 1 Month Task 801 Bidding, Cost Estimate, and Selection Assistance 2 Months Task 802 Construction Administration 10 Months 5ZI Engineering Inspired Design. 129 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 July 18, 2024 / Page 13 of 14 11723.06 — Town Center Park Playground Renovation City of Sunny Isles Beach CITY'S RESPONSIBILITY The CITY shall assist CONSULTANT with the following items to expedite the completion of the project in an effective manner. A. Designate a representative(s) who shall have the authority to transmit instruction, receive information and enunciate policies and decisions. B. Provide access to and obtain permission for CONSULTANT to enter upon public lands as required at no additional cost to perform observations or other necessary services under this Agreement. C. Make available to CONSULTANT all existing information which may in any way be pertinent to the project. D. Assist in contacting all permitting agencies to facilitate expediting reviews and/or approvals. ADDITIONAL SERVICES Consultant shall not perform any additional services without the written consent of the CITY. Services performed beyond the Scope of Services described above shall be considered additional services and will be presented to the CITY as an Addendum to this Agreement prior to initiating the work. Additional services shall be invoiced on a time and material basis in accordance with our current Professional Service Fee Schedule or on a lump sum basis if a scope of service can be defined. Engineering Inspired Design. 130 1 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 July 18, 2024 / Page 14 of 14 11723.06 — Town Center Park Playground Renovation City of Sunny Isles Beach COMPENSATION Consultant shall invoice the City for services rendered under this Agreement on a lump sum basis, unless otherwise stated, and in accordance with the terms and conditions of the Continuing Services Agreement for Professional Engineering Services between the City of Sunny Isles Beach and KEITH. Table 2 Budget Estimate of Engineering Services "CITY": CONSULTANT: CITY OF SUNNY ISLES BEACH KEITH By: By:rUocuSlgned by: w %Wb Pau elf erg, PLA, ASLA Executive Vice President Engineering Inspired Design. 131 Task 001 Team Meetings &•Meetings with Government Agencies / Permit Authorities $5,000 (Lump Sum) Task 101 Boundary and Topographic Survey $13,500 (Lump Sum) Task 301 Conceptual Design $17,500 (Lump Sum) Task 302 Site Plan Preparation and Processing $13,000 (Lump Sum) Task 401 Preliminary Engineering / Design Development (DD) $15,000 (Lump Sum) Task 402 Construction Documents (CD) — Final Engineering $25,000 (Lump Sum) Task 403 Engineering Permitting $15,000 (Lump Sum) Task 501 Electrical Engineering Construction Documents (By Electrical Subconsultant-SDM) $15,000 (Lump Sum) Task 701 Preliminary Landscape / Design Development (DD) $20,000 (Lump Sum) Task 702 Tree Inventory and Appraisal by Certified Arborist $7,500 (Lump Sum) Task 703 Construction Documents (CD) — Final Landscape $30,000 (Lump Sum) Task 704 Landscape Permitting $2,000 (Lump Sum) Task 801 Bidding, Cost Estimate, and Selection Assistance $15,000 (Hourly/NTE) Task 802 Construction Administration $25,000 (Hourly/NTE) CONSULTANT'S TOTAL COMPENSATION $218,500 DIRECT EXPENSES / REIMBURSABLES $1,000 Time and Materials TOTAL FEE $219,500 "CITY": CONSULTANT: CITY OF SUNNY ISLES BEACH KEITH By: By:rUocuSlgned by: w %Wb Pau elf erg, PLA, ASLA Executive Vice President Engineering Inspired Design. 131 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 EXHIBIT 'A'rZ"SOM CONSULTING ENGINEERS July 16, 2024 Ms. Sarah Landucci, ISA Project Manager, Associate Keith 5805 Blue Lagoon Drive, Suite 218 Miami, FL 33126 Re: Town Center Park Renovations City of Sunny Isles Beach 17200 Collins Avenue, Sunny Isles Beach, Fla. 33160 Electrical Engineering Services Proposal Dear Sarah: As per your request, we are pleased to provide the following engineering services proposal for your review and consideration. Based on the information provided, we offer the following: I. FIRM BACKGROUND SDM Consulting Engineers, Inc. was originally established in 1976 as a sole proprietorship and later formally incorporated in 1982. During the past 48 years, the Firm has maintained an excellent standing throughout the South Florida community. Our trademark has been, and continues to be, the provision of excellence to our clients and our flexibility to efficiently integrate today's ever-changing environment into functional designs that meet our clients' needs. We offer consulting engineering design, construction management and value engineering services throughout the South Florida area. Our office, which is located in the heart of downtown Coral Gables, is managed by two equal majority owners, Manuel Montoya and Ernesto Aloma, both licensed professional engineers each having over 30 years of service within the Firm which is comprised of 8 State of Florida Licensed Professional Engineers and 2 Support Staff. II. RELEVANT EXPERIENCE SDM Consulting Engineers has successfully designed many park related projects for Miami Dade County Parks, Recreation and Open Spaces (PROS). This experience includes Larry & Penny Thompson Park, Southridge Park and Goulds Park. III. CONFLICTS SDM Consulting Engineers has no existing current or anticipated future conflicts of interest which would inhibit our participation in this endeavor. IV. LICENSES & INSURANCE SDM Consulting Engineers, Inc. is a Florida Registered Corporation licensed to provide Engineering services throughout the entire State of Florida under active Engineering Business License No. EB -00003791. Our current insurance coverage levels, which will be kept active and in force throughout the duration of this project are as follows: 135 ALMERIA AVENUE CORAL GABLES, FL 33134 TEL 305 446-2788 FAX 305 443-5944 WWW.SDMCORP.COM 132 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 Proposal to Ms. S. Landucci, 07/16/2024 Town Center Park Renovations Electrical Engineering Services Proposal Page - 2 • General Liability - $2M • Automobile Liability - $2M • Worker's Compensation- $1M • Professional Liability - $2M V. BASIC SCOPE OF WORK Based on the information provided as well as our previous conversation, we understand the general work required includes the following major scope elements: 1. Provide electrical power to a drinking fountains (specified by others) 2. Provide electrical power to the existing Gazebo for misters (specified by others) 3. Provide electrical power to an irrigation pump controller (specified by others) 4. Provide additional site lighting with photometrics 5. Provide electrical power for a digital kiosk/bulletin board 6. Provide infrastructure for CCTV cameras Anticipated Electrical Scope Electrical • Site visit to review and document the existing conditions • Coordination with other disciplines for new equipment loads • Provision of Division 26 CSI Specification Sections related to the electrical scope • Provision of 50% and 100% design milestones with Statement of Probable Construction Costs • Review and response to applicable Owner Review comments • Dry Run Permitting response and resolution of applicable comments • Bidding and contract award support • Construction Administration covering shop drawing review and response to RFI VI. EXCLUSIONS • This proposal is specifically limited to the services listed in the Basic Scope of Work Section V above. Additional services requested which are not included within the context of this proposal will be negotiated as requested. No additional work will commence without specific written approval. • Filling out applications, payment of fees or routing of plans through the Building Department is excluded. • Provision of multiple hard print sets. All submittals shall be provided in electronic PDF format for printing by others. • LEED services are not included within the context of this proposal. • Development of project in BIM format. Drawings will be produced in autocad format. • Additional engineering disciplines such as mechanical, plumbing or fire protection have not been requested and are NOT included within the scope of this proposal. VII. COMPENSATION The total lump sum to not exceed fee for the Electrical Engineering work as described above is $15,000.00 . SDM 135 ALMERIA AVENUE CORAL GABLES, FL 33134 TEL 305 446-2788 FAX 305 443-5944 WWW.SDMCORP.COM 133 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 Proposal to Ms. S. Landucci, 07/16/2024 Town Center Park Renovations Electrical Engineering Services Proposal Page - 3 As a certified Small Business Enterprise (SBE), and in accordance with the Code of Miami Dade County Section 2-8.1.4, payments shall be made within thirty (30) days from receipt of invoice. VIII. REIMBURSEMENTS Additional direct expenditure costs for requested items such as printing and reproduction fees, courier and delivery services will be submitted for direct reimbursement based on receipts provided. IX. PRE -REQUISITES In order to commence with this work, we require the following: 1. Written acceptance of this proposal thereby providing us authorization to proceed. X. VALIDITY OF PROPOSAL This proposal shall be valid for a time period of thirty (3 0) calendar days from the date posted above. After this time, same becomes null and void, and we reserve the right to re-evaluate and adjust same due to varying market conditions. XI. PAYMENT DUE Invoices for services rendered are due as noted in the Compensation section above. Failure to present payment of services rendered and invoiced shall be just cause for suspension of services as noted herein. XII. COLLECTION COSTS If the Client fails to make payments in accordance with the Code of Miami Dade County Section 2-8.1.4 and the Consultant incurs any costs in order to collect overdue sums from the Client, the Client agrees that all such collection costs incurred shall immediately become due and payable to the Consultant. Collection costs shall include, without limitation, legal fees, collection agency fees and expenses, court costs, collection bonds and reasonable Consultant staff costs at standard billing rates for the Consultant's time spent in efforts to collect. This obligation of the Client to pay the Consultant's collection costs shall survive the term of this Agreement or any earlier termination by either party. XIII. SUSPENSION OF SERVICES If the Client fails to make payments when due or otherwise is in breach of this Agreement, the Consultant may suspend performance of services upon seven (7) calendar days' written notice to the Client. The Consultant shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. Upon payment in full by the Client, the Consultant shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for the Consultant to resume performance. XIV. TERMINATION OF SERVICES If the Client fails to make payment to the Consultant in accordance with the payment terms herein, this shall constitute a material breach of this Agreement and shall be cause for termination of this Agreement by the Consultant. Either party may terminate this Agreement without cause upon giving the other party not less than seven (7) calendar days' written notice. In the event of termination of this Agreement by either party, the Client shall within fifteen (15) calendar days of termination pay the Consultant for all services rendered by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement. $DM 135 ALMERIA AVENUE CORAL GABLES, FL 33134 TEL 305 446-2788 FAX 305 443-5944 WWW.SDMCORP.COM 134 Docusign Envelope ID: B9945E53-54BB-436D-B4C0-4D5567EDE5B6 Proposal to Ms. S. Landucci, 07/16/2024 Town Center Park Renovations Electrical Engineering Services Proposal Page - 4 XV. SET -OFFS, BACKCHARGES, DISCOUNTS Payment of invoices shall not be subject to any discounts or set -offs by the Client, unless agreed to in writing by the Consultant. Payment to the Consultant for services rendered shall be due and payable regardless of any subsequent suspension or termination of this Agreement by either party. XVI. ENTIRE AGREEMENT This agreement, comprising pages one (1) through four (4), is the entire Agreement between SDM Consulting Engineers, Inc. and Keith. It supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by authorized representatives of both parties listed above. Receipt of an executed copy of this proposal will constitute our Notice to Proceed with the above noted work. SDM CONSULTING ENGINEERS, INC. Client: KEITH EB -00003791 By: Name: Manuel P. Montoya, P.E. Title: Principal By: Name: Title: Date: 07/16/2024 Date: SDM 135 ALMERIA AVENUE CORAL GABLES, FL 33134 TEL 305 446-2788 FAX 305 443-5944 WWW.SDMCORP.COM 135 �C '}FLO V 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: October 22, 2024 RE: Approval of a Project Agreement with Keith and Associates for Planning, Engineering, and Landscape Services for the Town Center Park Playground Redevelopment RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: Through the budget process, the City Commission approved the redesign of the play equipment at Town Center Park. The play equipment is original from opening in 2005 and has exceeded it's original life expectancy of 10 years. In order to accomplish this, the City of Sunny Isles Beach requires the services of Keith and Associates to perform Planning, Engineering and Landscape design services for the redevelopment of the playground at Town Center Park. Consultant has agreed to provide these services in an amount not to exceed $219,500.00. ADDITIONAL INFORMATION: On January 21, 2021, via Resolution No. 2021-3160, the City Commission short listed six civil engineering firms in response to Request for Qualifications No. 20-07-01 for Continuing Professional Services, in which Keith and Associates was one. As per our procurement policy, the City wishes to utilize the services of Keith and Associates for this project. FUNDING SOURCE: Funds have been appropriated in account no. 300-6-5720-465000-75004. ATTACHMENTS: Resolution Item Number: 9.F 102 Project Agreement Item Number: 9.F 103