HomeMy WebLinkAboutReso 2025-3867RESOLUTION NO. 2025 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A FIRST AMENDMENT TO THE PROJECT AGREEMENT
WITH KEITH AND ASSOCIATES, INC., d/b/a KEITH, FOR CIVIL ENGINEERING AND
LANDSCAPE ARCHITECTURAL SERVICES FOR THE BELLA VISTA PARK, IN AN
AMOUNT NOT TO EXCEED THIRTY THOUSAND EIGHT HUNDRED SEVENTY-FIVE
DOLLARS AND NO CENTS ($30,875.00), 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
500 Sunny Isles Boulevard, known as Bella Vista Park ("Park"); and
WHEREAS, on January 21St, 2021, via Resolution No. 2021-3160, the City Commission of
short listed six (6) civil engineering firms, in response to Request for Qualifications No. 20-07-01
for Continuing Professional Services ("RFQ"), pursuant to the Consultants' Competitive
Negotiation Act; and
WHEREAS, the City requested general civil engineering services as one of several
disciplines listed in the RFQ; and
WHEREAS, Keith and Associates, Inc., d/b/a/ Keith ("Firm") was one of the six (6) firms
short listed to provide general civil engineering and landscape architectural services ("Services")
to the City, and entered into a Continuing Services Agreement to provide said Services on an as
needed basis; and
WHEREAS, on May 19, 2022, via Resolution No. 2022-3334, the City Commission
approved a Project Agreement with the Firm to provide the Services for the development of the
Bella Vista Park ("Park"), in an amount not to exceed $82,930.00; and
WHEREAS, on December 15th, 2022, via Resolution No. 2022-3444, the City Commission
approved a First Amendment to the Agreement with the Firm to provide additional services for
the design, permitting, and construction of the seawall located at the Park, in an amount not to
exceed $95,400.00; 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,
in an amount not to exceed $58,70.00; and
WHEREAS, the Project Agreement approved via Resolution No. 2022-3334 expired with
remaining funds in the amount of $118,888.00; and
@BCL@B4164C43 Page 103 232
WHEREAS, pursuant to the City Manager's recommendation, on November 21St, 2024,
via Resolution No. 2024-3753, the City Commission approved a renewed Project Agreement
with the Firm to provide the required Services to attain project completion, in an amount not to
exceed $108,145.00, which amount remained unexpended from the monies previously
approved for the Project by the City Commission; and
WHEREAS, the City requires the Firm to provide additional surveying, subsurface utility
engineering, and civil engineering services ("Additional Services") to move toward project
completion; and
WHEREAS, the Firm has expressed the ability and desire to provide these Additional
Services; and
WHEREAS, the City Commission wishes to approve a First Amendment to the Project
Agreement with the Firm for the Additional Services, attached hereto as Exhibit "A", in an
amount not to exceed Thirty Thousand Eight Hundred Seventy -Five Dollars and No Cents
($30,875.00), bringing the total project amount not to exceed Two Hundred Sixty -Seven
Thousand Nine Hundred Five Dollars and No Cents ($267,905.00).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of First Amendment. The City Commission hereby approves a First
Amendment to the Project Agreement with the Firm for the Additional Services, attached
hereto as Exhibit "A", in an amount not to exceed Thirty Thousand Eight Hundred Seventy -Five
Dollars and No Cents ($30,875.00), bringing the total project amount not to exceed Two
Hundred Sixty -Seven Thousand Nine Hundred Five Dollars and No Cents ($267,905.00).
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 21`
Larisa Svechin, Mayor
@BCL@B4164C43 Page 2 of 3 233
114 limilia
Mauricib Betancur, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Aldin E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by: LD ::"-Seconded by: 6f ;z,571d/ _Xl.
Vote:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
sv/(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
Yes)
(No)
,/ (Yes) (No)
@BCL@B4164C43 Page 3 of 3
234
4°NNY itFs
FIRST AMENDMENT TO PROJECT AGREEMENT BETWEEN THE CITY OF
SUNNY ISLES BEACH AND KEITH AND ASSOCIATES INC., D/B/A
F-- a,°"•� KEITH FOR BELLA VISTA PARK
F°
0
C.1• of SUM
THIS FIRST AMENDMENT TO THE PROJECT AGREEMENT between the CITY OF
SUNNY ISLES BEACH (hereinafter "City") and KEITH AND ASSOCIATES, INC. D/B/A
KEITH (hereinafter "Consultant"), executed this day of August 2025, is made a part of the
original Project Agreement (hereinafter "Project Agreement"), approved November 21, 2024, between
the City and Consultant, a copy of which is attached hereto as Exhibit "1." The City and Consultant
hereby agree as follows:
1. AMENDMENT TO EXHIBIT "1" TO PROVIDE FOR ADDITIONAL SCOPE OF
SERVICES. Exhibit "1" attached to the Project Agreement is hereby amended by adding the scope
of services attached hereto as Exhibit "2."
2. AMENDING COMPENSATION. The Parties hereby agree to amend Section 5 of the
Project Agreement, titled "Basis of Compensation," to provide compensation for the additional
scope of services described in Exhibit "2," in an amount not to exceed Thirty Thousand Eight
Hundred Seventy -Five Dollars and No Cents ($30,875.00):
Task 105 Specific Purpose Survey $13,360.00
Task 205 Horizontal Designation Services ............................................ $6,405.00
Task 206 Location Services $3 000 00
Task 207 Utility Mapping . $3,090.00
Task 404 Additional Engineering Permitting .................................... $5,020.00
TOTAL . $30,875.00
The new total compensation for the Project Agreement shall be in an amount not to exceed Two
Hundred Sixty -Seven Thousand Nine Hundred Five Dollars and No Cents ($267,905.00).
Except as otherwise set forth herein, all other terms and conditions of Section 5 shall remain in
full force and effect.
3. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein,
all terms and conditions of the Project Agreement between the parties dated November 21, 2024, shall
remain in full force and effect.
4. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions
contained in this Third Amendment shall prevail and be given superior effect and priority over any
conflicting or inconsistent terms, statements, requirements or provisions contained in any other
document or attachment, including but not limited to Exhibits "1" and "2."
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the
date mentioned above.
KEITH — FIRST AMENDMENT Page I of 4
City of Summy Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
KEITH AND ASSOCIATES, INC.,
d/b/a KEITH
BY:
A ex Lazowick, President
STATE OF FLORIDA:
CO-UNTY0F.bMimald
The foregoing instrumet was acknowledged before me by means of D(physical presence or ❑
online notarization, thisThday of August, 2025, by Alex Lazowick, as President of Keith and
Associates, Inc.
SHEIGNAH WEBER
(SEAL)Notary public Rot ry Public, State of Florida
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S%tedPFtorida - (Si nature of Notary Public)
ODHH338289
Expires 12/511026
Personally Known X or Produced Identification _
Type of Identification Produced:
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In
(Print, Type, or Stamp
Commissioned Name of Notary
Public)
SUNNY IB ACH
�
BY:
Larisa Svechin-; Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: &CW.1
Atkin E. Boileau, for Nabors, Giblin
& Nickerson, City Attorney
KEITH — FIRST AMENDMENT Page 2 of 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT 1
KEITH — FIRST AMENDMENT Page 3 of 4
PROJECT AGREEMENT
Between
THE CITY OF SUNNY ISLES BEACH
And
KEITH AND ASSOCIATES, INC. D/B/A KEITH
For
BELLA VISTA PARK
Pursuant to the provisions contained in the Continuing Services Agreement between the
City of Sunny Isles Beach ("City") and Keith and Associates, Inc. d/b/a Keith ("Consultant") for
Professional Civil Engineering Services pursuant to Request for Qualifications No. 20-07-01
(hereinafter referred to as "Continuing Services Agreement") dated April 30, 2021, this Project
Agreement (hereinafter referred to as "Agreement") authorizes the Consultant to provide the
services as set forth below:
SECTION 1 INCORPORATION OF CONTINUING SERVICES AGREEMENT
1.1 All terms and conditions of the Continuing Services Agreement between the City and the
Consultant dated April 30, 2021, not specifically modified by this Agreement shall remain
in full force and effect and are incorporated into and made a part of this Agreement by this
reference as though set forth in full.
SECTION 2 CONSULTANT'S BASIC DUTIES TO CITY
2.1 By executing this Agreement, the Consultant represents to the City that the Consultant is
professionally qualified to act as the Consultant for the Project (hereinafter referred to as
"the Project") and is licensed to practice engineering by all public entities having
jurisdiction over the Consultant and the Project. The Consultant further represents to the
City that the Consultant will maintain all necessary licenses, or other authorizations
necessary to act as Consultant for the Project until Consultant's duties hereunder have been
completed. The Consultant shall be responsible for providing all necessary subconsultants
required for the successful completion of the work as outlined in EXHIBIT "1," Scope of
Services. The Consultant assumes 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.
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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 "1," 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 .......................................... $2,200.00
Task 703 — Seawall Design Coordination..................................................... $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 .................................... $6,500.00
Task 501 — Electrical Construction Documents ............................................ $2,680.00
Task 502 - Electrical Construction Services ................................................. $2,500.00
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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.
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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.
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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]
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on the respective dates under each signature: the City, signing by and through its Mayor, attested
to by its City Clerk, duly authorized to execute same and by Keith and Associates, Inc. d/b/a Keith,
signing by Alex Lazowick and through its President duly authorized to execute same.
(SEAL)
CITY
CITY OF S N ISLES BEACH, FLORIDA
By:
Larisa Svechin, Mayor
-2=eday of November, 2024.
Approved as to form for the City:
By: Aag�
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: ., , zle
fA6x' Lazo ick, President
kll lday of November, 2024.
AUTHENTICATE:
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Page 11 of 12
EXHIBIT "1"
SCOPE OF SERVICES PROJECT SCHEDULE & FEE SCHEDULE
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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.
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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.
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11723.09 — Bella Vista Park
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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.
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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
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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
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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 for the 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:
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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 forthe 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
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11723.09 — Bella Vista Park
City of Sunny Isles Beach
Task 502 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.
Sovereign Submerged Lands Lease Coordination: Cummins Cederberg will coordinate with City
to prepare documentation justifying that the City is facing an extreme hardship so that the FDEP
can issue a new lease within the Biscayne Bay Aquatic Preserve. Cummins Cederberg will
coordinate with FDEP towards securing 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
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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
Engineering Inspired Design. 393
IV
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
Engineering Inspired Design. 393
IV
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 anyway 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.
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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
$3,500(Lump 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
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT 2
KEITH — FIRST AMENDMENT Page 4 of 4
Z 5
KEITH
Engineering Inspired Design.
June 25, 2025
Richard Labinsky, PE, City Engineer
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Phone: (305) 947 — 0606
E-mail: rlabinsky@sibfl.net
ect Areas — site Map
CONTRACT ADDENDUM
Project Name: Bella Vista Park
Project Location: 500 Sunny Isles Beach Blvd.
Sunny Isles Beach, FL 33160
KEITH Project Number: 11723.04
Contract Addendum: #05
Project Manager: Sarah Landucci
DESCRIPTION OF ADDITIONAL SERVICES
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June 25, 2025 / Page 2 of 4
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum # 05
SURVEY SERVICES
Task 106 Specific Purpose Survey
KEITH will prepare a Specific Purpose Survey of the site. The survey will show improvements such as
buildings, roadways, right-of-way, pavement, sidewalks, traffic striping, walls, fences, surface utilities,
Storm and Sanitary structures, and bridge height. The survey will be referenced to the Florida State Plane
Coordinate System (NAD83/11) and the National Geodetic Vertical Datum of 1929 (NGVD29). Elevations
will be shown at an interval of approximately 50 feet, including intermediate changes in grade.
SUBSURFACE UTILITY ENGINEERING (SUE) SERVICES
Task 206 Horizontal Designation Services
KEITH will horizontally mark any known tone able and non -tone able underground utilities that are
represented on as -built plans, above ground appurtenances, and other miscellaneous utility records (to
be provided by CLIENT). The limits of the horizontal designation services will include within the red
outlined area on the attached drawing. Conductive utilities will be marked on the surface utilizing active
geophysical prospecting techniques in conjunction with electromagnetic equipment utilizing passive radio
and audio frequencies. Known non-conductive utilities and/or structures will be marked on the surface
utilizing Ground Penetrating Radar (GPR), above ground features, professional judgment, utility plats
and/or as-builts. This task does not include identifying gravity systems, service laterals, irrigation, or
overhead facilities unless specifically requested by the CLIENT and included in the scope of services.
Task 206 Location Services
KEITH will perform up to four (4) test holes at specific sites requested by the design engineer. Test holes
will be utilized to expose utilities to minimize any potential for damage. Test holes performed will be of
minimum size (usually V by 1'). Backfill of test holes will be performed utilizing the removed material, if
suitable. Areas will be restored back as close as possible to their original condition. Installation of an
identifiable above ground marker will be performed at each test hole location. Field markers will consist
of a nail and disk in asphalt, or an iron rod and cap with survey stake in grassed areas. Test holes
performed in the street will be patched using cold patch. The test hole number and utility will be identified
on the ground or on the stake, as appropriate. A test hole summary report will be created providing
coordinates, depth of cover, type, size, and material if applicable. There is a four (4) test hole minimum
for location services.
Subsurface Utility Engineering Conditions and Understandings
CLIENT is required by law to contract Sunshine State One Call of Florida forty-eight (48) hours in advance
of any CLIENT excavation. KEITH will not access confined spaces. If confined spaces need to be
accessed for locating purposes, then the client will be notified, and further arrangements will be made for
said access. Additional fees may be applicable. If additional MOT is required beyond the capability of
KEITHS standard MOT operations, KEITH will notify the client. Additional requests outside the scope of
services, when requested by client and/or client's representative, will be invoiced on an hourly basis. This
proposal assumes site access is available and work can be performed between the hours of 7:30 AM
and 5:00 PM Monday through Friday.
Task 207 Utility Mapping
KEITH will perform surveying services to collect the surface markings completed in Task 204 and 205
that mark the underground utilities. Survey of said markings will be based on Real -Time Kinematic (RTK)
GPS observations and referenced to the Florida State Plane Coordinate System (NAD83/11) and the
North American Vertical Datum of 1988 (NAVD88). Survey of Horizontal Designations will be delivered
in a geo-referenced (NAD83/11) AutoCAD file. Survey of Location Services (Test Holes) will be delivered
in Excel in PNEZD format.
0 Engineering Inspired Design.
June 25, 2025 / Page 3 of 4
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum # 05
CIVIL ENGINEERING SERVICES
Task 404 Additional Engineering Permitting
KEITH, upon further coordination with FDOT is required to prepare and submit the permit applications
for the construction of the following improvements and process them through the following regulatory
agencies (not included in the original contract):
Paving, Grading, and Drainage System
• Florida Department of Transportation — Access Permit
• Florida Department of Transportation — Drainage Permit
Deliverables
1. Permit applications and submittal documents required for above listed regulatory agencies for
the listed project improvements.
SCHEDULE
SURVEY SERVICES
Task 105 Specific Purpose Survey 3-4 weeks
SUBSURFACE UTILITY ENGINEERING (SUE) SERVICES
Task 205 Horizontal Designation Services
2-3 weeks
Task 206 Location Services
3-4 weeks
Task 207 Utility Mapping
3-4 weeks
CIVIL ENGINEERING SERVICES
Task 404 Additional Engineering Permitting
3-4 months
0 Engineering Inspired Design.
June 25, 2025 / Page 4 of 4
Bella Vista Park / Project #11723.04
City of Sunny Isles Beach
Contract Addendum # 05
COMPENSATION
SURVEY SERVICES
Task 105 Specific Purpose Survey
SUBSURFACE UTILITY ENGINEERING (SUE) SERVICES
Task 205 Horizontal Designation Services
Task 206 Location Services (up to 4 test hole locations)
Task 207 Utility Mapping
$13,360 (Lump Sum)
$6,405 (Lump Sum)
$3,000 (Lump Sum)
$3,090 (Lump Sum)
CIVIL ENGINEERING SERVICES
Task 404 Additional Engineering Permitting $5,020 (Lump Sum)
Total Fee
$30,875.00 + reimbursables
The CLIENT is required to execute this Addendum and return it to the CONSULTANT prior to
commencement of the additional services described herein. All items, terms, and conditions of the
original Agreement (as amended to include the scope defined herein) remain unchanged and in full force
and effect.
IN WITNESS WHEREOF, CONSULTANT and CLIENT have executed this agreement the day and year
indicated below.
As to CONSULTANT
KEITH
Alex Lazowick, PE, PMP, ENV SP
President / CEO
DATED:
As to CLIENT
City of Sunny Isles Beach
Signature:
Print Name:
Title:
I 117-AVA 12 191
Engineering Inspired Design.
r%Y OF 5U� l�
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: Susan Simpson, Deputy City Manager
DATE: August 21, 2025
RE: Approval of a First Amendment to the Agreement with Keith and Associates
for the Bella Vista Park Seawall 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 Resolutions 2022-3334, 2022-
3444 and 2024-3753 for a total approved contract amount of $237,030.00. Thru the permit process with
FDOT and WASA, to obtain approval to construct the project, additional information is being requested.
Through the permit processes with WASA, to obtain approval to construct the project, additional
unanticipated survey and field verification of underground utility information is being requested.
Through the permit processes with FDOT, it was confirmed that two additional FDOT permits will be
required than the firm was originally advised and scoped.
Keith and Associates has provided a proposal for these additional services in the amount of $30,875.00.
Staff is recommending approval of this amendment for additional engineering services.
Item Number: 9.1)
230
ADDITIONAL INFORMATION:
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.
Copies of the complete contract file, including all exhibits, attachments, and references are on file with
the Office of the City Clerk and are available upon request.
FUNDING SOURCE:
Funds have been appropriated in Account No. 300-6-5720-465000-10001.
ATTACHMENTS:
Resolution
First Amendment
Item Number: 9.1)
231