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HomeMy WebLinkAboutReso 2024-3753RESOLUTION NO. 2024 - r� 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, FOR CIVIL ENGINEERING AND LANDSCAPE ARCHITECTURAL SERVICES FOR THE BELLA VISTA PARK, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHT THOUSAND ONE HUNDRED FORTY-FIVE DOLLARS AND NO CENTS ($108,145.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") is the owner of the Property located at 500 Sunny Isles Boulevard, known as Bella Vista Park ("Park"); and WHEREAS, on January 2111, 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, on March 21St, 2024, via Resolution No. 2024-3635, the City Commission approved a Second Amendment to the Agreement with the Firm to provide additional services for the additional surveys addressing seagrass located within the Biscayne Bay Aquatic Preserve; and WHEREAS, the Project Agreement approved via Resolution No. 2022-3334 has expired, with a remaining funds in the amount of $118,888.00; and WHEREAS, the City Manager has determined that the City continues to require the Services of the Firm to move toward completion of the Project; and @BCL@5C0B1700.doc Page 1 of 3 370 WHEREAS, the Firm has expressed the ability and desire to continue providing these Services; and WHEREAS, the City Commission wishes to approve a Project Agreement with the Firm to continue providing the Services for the Project, for the unexpended amount not to exceed One Hundred Eight Thousand One Hundred Forty -Five Dollars and No Cents ($108,145.00), 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 Proiect Agreement. The City Commission hereby approves a Project Agreement with the Keith and Associates, Inc., d/b/a/ Keith to provide general civil engineering and landscape architectural services, for the unexpended amount not to exceed One Hundred Eight Thousand One Hundred Forty -Five Dollars and No Cents ($108,145.00), 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 November, 2024. Larisa Svechin, Mayor @BCL@5COB1700.doc Page 2 of 3 371 APPROVED AS ATTEST:6,; / I / I AND LEGAL SUFFOICIEONCY: alvnv a"460 Maur ici Betancy , CMC, City Clerk Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney &1660;? -R- L Moved by: S►ESeconded by: % CSC W,4� (��04 Vote: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra — (Yes) (No) (Yes) (No) Yes) (No) ,(Yes) (No) (Yes) (No) @BCL@5COB1700.doc Page 3 of 3 372 PROJECT AGREEMENT Between THE CITY OF SUNNY ISLES BEACH And KEITH AND ASSOCIATES, INC. D/B/A KEITH For BELLA VISTA PARK Pursuant to the provisions contained in the Continuing Services Agreement between the City of Sunny Isles Beach ("City") and Keith and Associates, Inc. d/b/a Keith ("Consultant") for Professional Civil Engineering Services pursuant to Request for Qualifications No. 20-07-01 (hereinafter referred to as "Continuing Services Agreement") dated April 30, 2021, this Project Agreement (hereinafter referred to as "Agreement") authorizes the Consultant to provide the services as set forth below: SECTION 1 INCORPORATION OF CONTINUING SERVICES AGREEMENT 1.1 All terms and conditions of the Continuing Services Agreement between the City and the Consultant dated April 30, 2021, not specifically modified by this Agreement shall remain in full force and effect and are incorporated into and made a part of this Agreement by this reference as though set forth in full. SECTION 2 CONSULTANT'S BASIC DUTIES TO CITY 2.1 By executing this Agreement, the Consultant represents to the City that the Consultant is professionally qualified to act as the Consultant for the Project (hereinafter referred to as "the Project") and is licensed to practice engineering by all public entities having jurisdiction over the Consultant and the Project. The Consultant further represents to the City that the Consultant will maintain all necessary licenses, or other authorizations necessary to act as Consultant for the Project until Consultant's duties hereunder have been completed. The Consultant shall be responsible for providing all necessary subconsultants required for the successful completion of the work as outlined in EXHIBIT "1," Scope of Services. The Consultant assumes full responsibility to the City for the improper acts, negligence, and omissions of its subconsultants and of all others employed or retained by the Consultant in connection with the Project. Page 1 of 12 373 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 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. Page 2 of 12 374 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. Page 3 of 12 375 2.6 ADDITIONAL SERVICES The following services of the Consultant are not included in Sections 2.3 through 2.5, nor in EXHIBIT "l," Scope of Services. Nevertheless, the Consultant shall provide such services as related to the Project if authorized in writing by the City prior to the performance or furnishing of same, and, unless otherwise specified in this Agreement, said services shall be paid for by the City as provided hereinafter. 2.6.1 Making revisions in drawings, specifications or other documents when such revisions are inconsistent with written direction by the City previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents and not reasonably anticipated, or are due to other causes not within the control or responsibility of the Consultant, either in whole or in part. 2.6.2 Preparing drawings, specifications and supporting data in connection with Change Orders, provided that such Change Orders are issued by the City due to causes not within the control or responsibility of the Consultant, either in whole or in part. 2.6.3 Providing services concerning repair or replacement of work damaged by fire or other cause during construction provided that such services are required by causes not the responsibility of the Consultant, either in whole or in part. 2.6.4 Providing services made necessary solely by the default of the Contractor or defects or deficiencies in the work of the Contractor. 2.7 SERVICE SCHEDULE 2.7.1 Upon receipt of the Notification of Commencement and the fully executed Purchase Order, the Consultant shall commence services to the City on the Commencement Date, and shall continuously perform services to the City, without interruption, in accordance with the time frames set forth in the "Project Schedule," a copy of which is attached and incorporated into this Agreement as EXHIBIT "1." The number of calendar days from the Commencement Date, through the date set forth in the Project Schedule for completion of the Project or the date of actual completion of the Project, which ever shall last occur, shall constitute the Contract Time. 2.7.2 No Damages for Delay: The Consultant shall not be entitled to any claim for damages including, but not limited to, loss of profits, loss of use, home office overhead expenses, equipment rental and similar costs on account of delays in the progress of the Project from any cause or national disaster or emergency, unusual delay in deliveries, unusual delay in procuring permits, differing site conditions, unavoidable casualties or other cause beyond the Consultant's control, or by delay authorized by the City, or by other causes which the Consultant determines may justify delay. The Consultant's sole recovery and remedy for any such delay shall be a reasonable extension of time and a revision to the Project Schedule as determined by the City. However, additional costs to the Consultant or delays in the Consultant's performance caused by improperly timed activities shall not be the basis Page 4 of 12 376 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. Page 5 of 12 377 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 $103,145.00, which amount was previously approved by the City Commission in Resolution Nos. 2022-3334, 2022-3444, and 2024-3635, 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 104 — Sketch & Description (SSL Lease) ............................................ $3,500.00 Task 402 — Engineering Construction Documents ....................................... $2,400.00 Task 403 — Engineering Permitting.............................................................. $6,500.00 Task 702 — Landscape Construction Documents Task 703 — Seawall Design Coordination ............... $2,200.00 $2,000.00 Task 801 — Civil/Landscape Bidding Assistance .......................................... $3,200.00 Task 802 — Civil Const. Observation & Cert. Services .............................. $12,500.00 Task 803 —Landscape Const. Observation Services Task 501 — Electrical Construction Documents Task 502 - Electrical Construction Services .................. ..................... $6,500.00 ..................... $2,680.00 ..................... $2,500.00 Page 6 of 12 378 Task 604 —New Seawall Bid Assistance...................................................... $4,400.00 Task 605 — New Seawall Construction Administration .............................. $35,000.00 Task 607 — Mitigation Negotiation for Mangrove Impacts .......................... $2,400.00 Task 610 — FDEP SWERP and SSL Lease Processing .............................. $11,440.00 Task 611 — Continued DERM Permitting...................................................... $2,525.00 Task 612 — USACE Permitting..................................................................... $3,400.00 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 $5,000.00 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. Page 7 of 12 379 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. Page 8 of 12 380 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] Page 9 of 12 381 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. M ici� Betancur, CMC City Clerk (SEAL) CITY CITY OF S N ISLES BEACH, FLORIDA By: Larisa Svechin, Mayor _2=eday of November, 2024. Approved as to form for the City: . AhLavv By Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Page 10 of 12 382 CONSULTANT KEITH & ASSOCIATES, INC., d/b/a KEITH By: X415x' Lazo ick, President � lllday of November, 2024. AUTHENTICATE: FI I ````,.%111111/1,1'' e tart' �.`p ASS o�'/,y �'•• O¢ROJ�q�'•4A*� ,tp' jllZhb Please type name of Secretary SEAL /������� ► ►1998,, ``���'�` (CORPORATE SEAL) Page 11 of 12 EXHIBIT "1" SCOPE OF SERVICES PROJECT SCHEDULE & FEE SCHEDULE Page 12 of 12 384 KEITH 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) November 8, 2024 WORK AUTHORIZATION NO. # 09 TASK ORDER NO. (CITY No. TBD) PROJECT NO.11723.09 (KEITH) PROJECT NAME: Bella Vista Park Project Location: 1500 Sunny Isles Beach Blvd., Sunny Isles Beach, FL 33160 PROJECT The City of Sunny Isles Beach (CITY/OWNER/CLIENT) has requested that KEITH (CONSULTANT) provide Civil Engineering and Landscape Architecture professional services for the development of a new park at the Bella Vista Park site. The original contract has expired and this contract will cover services to complete the scope of services. The property is identified within Folio # 31-2214-007-0210. The property is owned by the City of Sunny Isles. The existing park property is located on the southeast corner of the Sunny Isles Beach Blvd (S.R. 826) bridge and the Intracoastal Waterway. The overall property is approximately 0.9 acres. The CITY has requested KEITH to develop Construction Documents consisting of: 1. Install new seawall to replace existing Rip -Rap Embankment to fill-in area and maximize uplands. 2. Install an upland viewing deck. 3. Construct a small building consisting of: a. Marine patrol office, storage, dock office, and small gated parking lot. The City advised that the building will be designed by City selected Architect under separate contract but will require KEITH to closely coordinate with them. 4. Wastewater service to the new building will need to use a new grinder pump station . 5. Site lighting should be limited to life safety only. Park will not be open at night. 6. Landscape and Hardscape Improvements consistent with other existing parks throughout the City. The City indicated that they will allow variations in hardscape elements from other parks but in addition to aesthetics, durability and low maintenance is key. www.I(EITHteam.com Pompano Beach (HQ) • Miami • West Palm Beach • Orlando • Port Saint Lucie 385 November 8, 2024 / Page 2 of 11 11723.09 — Bella Vista Park City of Sunny Isles Beach SCOPE OF SERVICES Project Areas — Site Map SURVEY SERVICES 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. CIVIL & LANDSCAPE SERVICES Task 402 Engineering Construction Documents (CD) On-site Paving, Grading, and Drainage Plans KEITH will prepare on-site paving, grading, and drainage construction plans, to support the proposed development, that 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 perhaps exfiltration trenches. Typical sections and standard paving and drainage details and notes for the construction of the paving, grading, and drainage system are included. Soils percolation tests to satisfy regulatory agency requirements will be performed by the geotechnical subconsultant (NV -5). Off-site roadway improvements, other than direct driveway connections, are not included in this scope of work. On-site Water Distribution and Sanitary Sewer Plans KEITH will prepare combined water distribution and sanitary sewer system plans to service the proposed improvements. Engineering Inspired Design. 386 1 November 8, 2024 / Page 3 of 11 11723.09 — Bella Vista Park City of Sunny Isles Beach It is assumed that there is existing water and sanitary sewer service readily available to the site and have sufficient capacity to provide service to the new park site. Off-site water improvements (including new water services and/or meters) are not included in the scope of work. North Miami Beach (NMB) Utilities is the water service provider and it is anticipated that the existing water service and meter located near the north east corner of the site will provide the required service. The sanitary sewer improvements will consist of a proposed on-site "private" grinder station and a proposed off-site force main extension connecting into the existing public sanitary sewer manhole located east along the service road to provide service to the site. Miami -Dade Water and Sewer Department (MDWASD) is the sanitary sewer service provider. It is anticipated that the proposed on-site "private" grinder station will be a MOPS station. Erosion Control Plan KEITH will prepare an Erosion Control Plan for the project that meets the requirements of the regulatory agencies and for the Contractor's use in preparing and processing the required Stormwater Pollution Prevention Plan (SWPPP), in compliance with the "Generic Permit for Stormwater Discharge from Large and Small Construction Activities (CGP)" through FDEP. The Erosion Control Plan(s) will include standard details and notes to meet the requirements of the regulatory agencies. On-site Demolition Plan KEITH will prepare a Demolition Plans incorporating removal of the existing improvements in conflict with the proposed improvements. This plan will include standard details and notes. Should permitting be required for this work, it will need to be provided by a licensed demolition contractor. Note: The use of explosive demolition materials and the assessment for or removal of hazardous materials or toxic waste are not included in these services and will not be incorporated in the Demolition Plan. Deliverables 1. Construction Documents (60% and Final Construction Documents) for above referenced Plans. 2. Specifications — For above referenced Design Elements (specifications may be included in the plan sheets or a separate document for inclusion in the Contract Document Specification book.) 3. Water Sewer and Drainage Calculations as required. 4. Itemized Opinion of Probable Construction Cost. Items and Quantities to be used by City as Bid Tabulation. 5. Meetings and Team Coordination — During the specified duration in the project schedule, the KEITH team will attend up to three (3) required meetings and coordination. It is assumed all meetings will be in South Florida. Task 403 Engineering Permitting KEITH will attend required pre -application meetings with agencies having jurisdiction over the facilities designed by KEITH, and prepare and submit the permit applications for the construction of the following improvements and process them through the following regulatory agencies: Development Review • Site Plan/Design Review through the City of Sunny Isles Beach. • Floodplain Management. ,IV Engineering Inspired Design. 387 November 8, 2024 / Page 4 of 11 11723.09 — Bella Vista Park City of Sunny Isles Beach Water and Sewer System • Miami -Dade Water and Sewer Department (MDWASD) — Sanitary Sewer service provider. • Miami -Dade County DERM — Wastewater. • North Miami Beach Water and Sewer Department (NMB) — Water service provider. • City of Sunny Isles Beach Engineering Department. • Florida Department of Transportation (FDOT) — Utility Connection Permit. Paving, Grading, and Drainage System • Miami -Dade County DERM — Water Control Section (WCS). • City of Sunny Isles Beach Engineering Department. • Florida Department of Transportation (FDOT) — Driveway Connection and Drainage Connection Permits. Not included. • Coordination with the Structural and Environmental Engineering (Sub -Consultant) for Processing the required Seawall Permits through: o US Army Corps of Engineers (ACOE) — ERP o Florida Department of Environmental Protection (FDEP) — ERP o Miami -Dade County DERM Class I — Coastal Resources Section. Pavement Markings and Signage • Not Applicable If additional permits are required, KEITH 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 702 Landscape Construction Documents (CD) Based on the approved Design Development phase, KEITH will develop the construction documents in coordination with the overall design team and CLIENT. The drawings will be developed in a 60% or preliminary documentation for review and coordination, as well as a final for Permit or 100% Construction Documentation. Deliverables 1. Construction Documents (60% and Final Construction Documents) a. Hardscape & Layout Plan — Material type and layout. b. Sitework Details — General details and section/elevations for character and project understanding - All structural engineering by others and not included in this proposal. c. Landscape Plan and Details — Specific elements, specification, quantity, layout, notes and details. d. Irrigation Plans and Details — Point of connection, head layout, piping, equipment schedule and details. e. Site Furniture — Furniture layouts and specific catalog cuts and material selections. 2. Specifications — For above referenced Design Elements (specifications will be included in the plan sheets). 3. Itemized Opinion of Probable Construction Cost. Items and Quantities to be used by City as Bid Tabulation. 4. Meetings and Team Coordination — During the specified duration in the project schedule, KEITH will attend all required meetings and coordination. It is assumed all meetings will be in South Florida Engineering Inspired Design. 388 1 November 8, 2024 / Page 5 of 11 11723.09 — Bella Vista Park City of Sunny Isles Beach 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. * Task 703 Seawall Design Coordination (KEITH) The CITY has requested the CONSULTANT (KEITH) provide design coordination for the new seawall extension and upland deck. KEITH will coordinate the overall seawall horizontal and vertical layout in coordination with other proposed improvements with the CITY and Cummins Cederberg (structural designer). Task 801 Civil/Landscape Bid Assistance KEITH will provide assistance to the CITY during the pre-bid and procurement phase. This assistance will consist of: 1. Provide bid and construction documents (plans and technical specifications) in CITY approved format, including incorporating the CITY's front-end documents. 2. Attending one (1) pre-bid meeting with the CITY, other Consultants and Contractor(s) and prepare meeting minutes. 3. Issue technical addenda(s) and/or responses to request for information (RFI's) for clarification as necessary during the bidding process. 4. Assist CITY in the evaluation of the bids received (including written recommendation of contract award to the City). Task 802 Civil Construction Observation and Certification Services KEITH will provide construction engineering services in order to ensure the integrity of the design intent and certify to the CLIENT and other jurisdictional agencies that the construction work has been completed in substantial compliance with the approved documents and permits. Any revisions or deviations to original construction documents, including but not limited to, substitutions and/or unforeseen conditions may impact schedule and will require additional fees. Services included are described as follows and are anticipated to take six (6) months: Meetings and Conference Calls KEITH will attend and or participate in 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. Shop Drawing Reviews KEITH will review shop drawings, samples, and calculations, which the selected contractor is required to submit for review. This review will only be for conformance with the design concept of the project and compliance with the information provided on the design drawings and specifications. Such review will not extend to methods, means, techniques, construction sequence(s) or procedures, or to safety precautions and related programs. KEITH will also determine the acceptability, subject to CLIENT approval, of substitute materials and equipment proposed by contractors. Periodic Site Visits and Construction Observation KEITH will visit the Project at intervals appropriate to the various stages of construction, as KEITH deems necessary to observe as an experienced and qualified design professional to review the progress and quality of the various aspects of the contractor's work. KEITH will coordinate and attend one (1) Pre -construction Meetings. If required by the CLIENT, KEITH will attend or participate in CLIENT scheduled coordination and progress meetings or telephone conferences. These services will be invoiced on a time and material basis in accordance with our Professional Engineering Inspired Design. 389 1 November 8, 2024 / Page 6 of 11 11723.09 — Bella Vista Park City of Sunny Isles Beach Service Fee schedule (attached). Re -tests and failed inspections will be invoiced based on this same Fee schedule. 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, as the City's representative to require special inspection or testing of the work; act as initial interpreter of the requirements of the contract documents and judge of the acceptability of the work there under, and make decisions on all claims of the CLIENT and contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the contract documents pertaining to the execution and progress of the work. As-builts Review KEITH will review the record drawings (as-builts) to ensure substantial conformance to the approved plans. KEITH will only review and reject any particular as -built plans set a maximum of two (2) times; any additional review will be considered additional services. The contractor will be expected to have the as-builts revised in accordance with all comments. Final Inspections KEITH will participate, with the CLIENT's representative, in a semi-final inspection forthe purpose of determining if the project is substantially complete and participate in the preparation of a written "Punch List" of all incomplete, defective or deficient items. Upon notice from the CLIENT, participate in a final inspection together with CLIENT and contractor representatives to assure that all "Punch List" items are complete, and the work is indeed completed in accordance with all contract documents. Upon completion of the final inspection, certify, in writing, that the work in- place is acceptable, subject to any conditions therein expressed. This service is anticipated to be two (2) inspections, additional inspection(s) will be invoiced based on the attached Fee schedule. Final Certification KEITH will prepare final certification to all appropriate permitting agencies utilizing record drawings for the design from the survey information supplied by the contractor, or by other means agreed to by both KEITH and CLIENT. Note: It is the Contractor's responsibility to coordinate through KEITH the scheduling of testing. KEITH will represent the CLIENT in performing periodic observation of construction as necessary to confirm construction is in accordance with the approved plans. The Construction Engineering and Certification for the work is for an anticipated period of one (1) month beyond the construction completion date for certifications. We anticipate the following items requiring as -built certification: • Water System • Sanitary Sewer System • Paving Grading and Drainage System Note: Construction -related surveying (stakeout, as—built plans, etc.) and testing (densities, concrete, LBR'S, etc.) services are not included in this Agreement. Task 803 Landscape Construction Observation KEITH will provide construction observation services in order to ensure the integrity of the design intent and certify to the CLIENT and other jurisdictional agencies that the construction work has been completed in substantial compliance with the approved documents. Services included are described as follows: Engineering Inspired Design. 390 1 November 8, 2024 / Page 7 of 11 11723.09 — Bella Vista Park City of Sunny Isles Beach Shop Drawing Reviews KEITH will review shop drawings, product data and plant photos, which the selected contractor is required to submit for review. This review will only be for conformance with the design concept of the project and compliance with the information provided on the design drawings and specifications. Such review will not extend to methods, means, techniques, construction sequence(s) or procedures, or to safety precautions and related programs. KEITH will also determine the acceptability, subject to CLIENT approval, of substitute materials and equipment proposed by contractors. Periodic Site Visits and Construction Observation KEITH will visit the Project at intervals appropriate to the various stages of construction, as KEITH deems necessary to observe as an experienced and qualified design professional to review the progress and quality of the various aspects of the contractor's work. KEITH will coordinate and attend one (1) Pre -construction Meetings. If required by the CLIENT, KEITH will attend or participate in CLIENT scheduled coordination and progress meetings or telephone conferences. These services will be invoiced on a time and material basis in accordance with our Professional Service Fee schedule (attached). Re -tests and failed inspections will be invoiced based on this same Fee schedule. Final Inspection KEITH will participate, with the CLIENT's representative, in a semi-final inspection for the purpose of determining if the project is substantially complete and participate in the preparation of a written "Punch List" of incomplete, defective or deficient items. Upon notice from the CLIENT, participate in a final inspection together with CLIENT and contractor representatives to assure that "Punch List" items are complete, and the work is indeed completed in accordance with the contract documents. ELECTRICAL ENGINEERING DESIGN SERVICES (SGM Engineering - Electrical Sub.) Task 501 Electrical Construction Documents (CD) Provide electrical engineering services for the design documents of the new life safety lighting for the new park added for the Bella Vista Park located in the City of Sunny Isles Beach in Florida. The following elements will be addressed in the design phase: 1. Visit the site where the new park is going to be built to investigate and survey the following conditions of the area: a. Record all existing electrical utilities in the area that are required to be removed or relocated to make space for the new park. 2. Provide design for new electrical underground branch circuits (conduit and wire) for the life safety lighting added to the park. All design associated with upland portions and excludes new dock. 3. Provide lighting fixture schedules for all life -safety lighting. 4. Provide selection of code complaint (wind load) parking lot poles with associated bases and underground boxes. 5. Provide new panelboards and circuit breakers at existing buildings for source of power for all lighting fixtures and irrigation equipment. 6. Design documents will include electrical book of construction specifications. LEED administration or design services are not included in this proposal. These services can be provided by SGM at additional cost. Engineering Inspired Design. 391 1 November 8, 2024 / Page 8 of 11 11723.09 — Bella Vista Park City of Sunny Isles Beach Task 602 Electrical Construction Services SGM will provide construction services for the Project as requested by the Client. Services provided may include review of shop drawings, limited site observations with reports and responses to Requests for Information (RFI's). MARINE ENGINEERING AND ENVIRONMENTAL CONSULTING SERVICES (Cummins Cederberg — Structural and Environmental Sub.) Task 604 New Seawall Bid Assistance Cummins Cederberg will provide consulting services as part of the bid selection process for the proposed marine works. This will include submitting bid documents to potential marine contractors and subsequent review of bids. A summary outlining potential variations in bids will be prepared to simplify comparison and a recommendation of the preferred bidder will be made. Cummins Cederberg will also attend one (1) meeting, as requested by the Client. Task 605 New Seawall Construction Administration Cummins Cederberg will provide construction administration services for the Project as requested by the Client. Services provided may include review of pile driving logs, shop drawing review, site observations with reports (including milestone and final inspections), responses to Requests for Information (RFI's), and/or review of Contractor's Payment Applications. 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 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. Sovereiqn 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 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 Engineering Inspired Design. 392 ,IV November 8, 2024 / Page 9 of 11 11723.09 — Bella Vista Park City of Sunny Isles Beach existing finger piers. Cummins Cederberg will maintain contact with the USACE to review plans and provide additional information. PROJECT SCHEDULE Subsequent to the issuance of a Purchase Order from the CITY, CONSULTANT shall commence work on the project. We anticipate commencing work immediately from notice to proceed, completing the prescribed work within 12 months. Table 1 Schedule Estimate of Engineering Services 5<1 Engineering Inspired Design. 393 TASK DURATION Task 104 Sketch & Description — Sovereign Submerged Lands Lease 1 month Task 402 Engineering Construction Documents 1 month Task 403 Engineering Permitting 2 months Task 702 Landscape Construction Documents 1 month Task 703 Seawall Design Coordination 2 months Task 801 Civil/Landscape Bidding Assistance 2 months Task 802 Civil Construction Observation and Certification Services 6 months Task 803 Landscape Construction Observation Services 6 months Task 501 Electrical Construction Documents 1 month Task 502 Electrical Construction Services 6 months Task 604 New Seawall Bid Assistance 2 months Task 605 New Seawall Construction Administration 4 months Task 607 Mitigation Negotiation for Mangrove Impacts 2 months Task 610 FDEP SWERP and SSL Lease Processing 5 months Task 611 Continued DERM Permitting 5 months Task 612 USACE Permitting 5 months 5<1 Engineering Inspired Design. 393 November 8, 2024 / Page 10 of 11 11723.09 — Bella Vista Park 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. z Engineering Inspired Design. 394 November 8, 2024 / Page 11 of 11 11723.09 — Bella Vista Park City of Sunny Isles Beach COMPENSATION Consultant shall invoice the City for services rendered under this Agreement on a lump sum basis, unless otherwise stated, and in accordance with the terms and conditions of the Continuing Services Agreement for Professional Engineering Services between the City of Sunny Isles Beach and KEITH. Table 2 Budget Estimate of Engineering Services Task 104 Sketch & Description - Sovereign Submerged Lands Lease $3,500Lum Sum Task 402 Engineering Construction Documents $2,400 Hourl /NTE * Task 403 Engineering Permitting $6,500(Lump Sum Task 702 Landscape Construction Documents $2,200(Lump Sum Task 703 Seawall Design Coordination $2,000(Lump Sum Task 801 Civil/Landscape Bidding Assistance $3,200 Hourl /NTE * Task 802 Civil Construction Observation and Certification Services $12,500 Hourl /NTE * Task 803 Landscape Construction Observation Services $6,500 Hourl /NTE * Task 501 Electrical Construction Documents $2,680(Lump Sum Task 502 Electrical Construction Services $2,500 Hourl /NTE * Task 604 New Seawall Bid Assistance $4,400 Hourl /NTE * Task 605 New Seawall Construction Administration $35,000 Hourl /NTE * Task 607 Mitigation Negotiation for Mangrove Impacts $2,400(Lump Sum Task 610 FDEP SWERP and SSL Lease Processing $11,440(Lump Sum Task 611 Continued DERM Permitting $2,525(Lump Sum Task 612 USACE Permitting $3,400(Lump Sum CONSULTANT'S TOTAL COMPENSATION $103,145 DIRECT EXPENSES $5,000 (Estimated) TOTAL FEE $108,145 "CITY": CONSULTANT: CITY OF SUNNY ISLES BEACH KEITH By: By: ALEX LAZOWICK President / CEO Engineering Inspired Design. 395 ' FLO 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: November 21, 2024 RE: Approval of an Agreement with Keith and Associates for a Contract Extension for Engineering Services for the Bella Vista Park Project RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach approved Keith and Associates to perform engineering design, permitting and construction services for a new park at the Bella Vista property with Resolution Nos. 2022-3334, 2022-3444, and 2024-3635, for a total approved contract amount of $237,030.00. That contract has expired with a total remaining balance of $118,888.00. Due to the expiration of the original agreement the consultant has submitted a new proposal for the remaining services to be completed, staff is recommending approving this agreement to complete the project in the amount of $108,145.00 for design completion, seawall permitting, bidding, permitting and construction. ADDITIONAL INFORMATION: This approval does not require any additional funding allocation. As the design engineer for this project, it is necessary to continue to utilize the services of Keith and Associates to perform this work to complete the project. FUNDING SOURCE: Funds have been appropriated in account no. 300-6-5720-465000-10001. ATTACHMENTS: Resolution Project Agreement Item Number: 9.J 369