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HomeMy Public PortalAbout1996-37 Authorizing to execute the agreement with Coastal Systems International, Inc re_ Beach Improvement ProjectRESOLUTION NO. 96-37 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC., CORAL GABLES, FLORIDA, FOR PROFESSIONAL SERVICES RELATING TO A BEACH IMPROVEMENT PROJECT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council supports Beach Improvement and Shoreline Protection; WHEREAS, the Village Council has approved the funding of the Proposed Beach Nourishment Project; WHEREAS, the preparation of project sketches for the purpose of permitting is a necessity for Project completion; and WHEREAS, Coastal Systems International, INC., Coral Gables, Florida, has submitted the attached agreement to perform certain professional services in conjunction with the preparation of said Project; NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: ,Section 1. That the Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with Coastal Systems International, INC., Coral Gables, Florida, for the provision of professional services relating to a beach improvement project, subject to the recommendations and approval of the Village Attorney. Section 2, This: resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of November , 1996. CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: SR RICHAR EISS, VILLAGE ATTORNEY 11.• IJ AO 1A SYS EMS INTERNATIONAL COASTAL SYSTEMS INTERNATIONAL, INC. 464 South Dixie Highway • Coral Gables, Florida 33146 Tel:305/661-3655 • Fax:305/661-1914 October 9, 1996 Mr. C. Samuel Kissinger Village Manager VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, Florida 33149 135000 RE: ENGINEERING SERVICES RELATIVE TO THE VILLAGE OF KEY BISCAYNE BEACH IMPROVEMENT PROJECT, DARE COUNTY, FLORIDA Dear Mr. Kissinger: Pursuant to your request, this is to submit the proposal for coastal engineering services relative to the Village of Key Biscayne Beach Improvement project (short-term). The following are the proposed terms of agreement for engineering services to be provided by Coastal Systems International, Inc. (Coastal Systems) for the Village of Key Biscayne (Village): PART IV - CONCEPTUAL DESIGN AND PERMIT SKETCJ-IE,S Coastal Systems will perform a conceptual design to regrade the upland beach dune profile and extend the profile below the Mean High Water Line. Coastal Systems will prepare permit sketches based on the Village approved conceptual design and a recent survey suitable for submittal to the Dade County Department of Environmental Resources Management (DERM), Department of Environmental Protection -Bureau of Submerged Lands and Environmental Resources (DEP), and the U.S. Army Corps of Engineers (COE) towards securing environmental permits for the short-term beach improvement project. Coastal Systems will prepare all permit sketches or, CAD based on the CAD survey files. Permit sketches will be prepared on 8'/z" x 11 "sized paper suitable for submittal to the regulatory agencies.. Fees for Part IV Services are Estimated to be .. $3,500.00 Coastal, Environmental, Ciyjl, Engineering and Management 135000 Mr. Kissinger October 9, 1996 Page 2 PART V - PERMIT APPLICATION AND PROCESSING Coastal Systems will assist DERM in preparing the permit application and permit processing. Coastal Systems will assist DERM in addressing any questions or concerns that may be raised by regulatory agencies. Environmental Resource Permitting (ERP) for DEP-BSL&ER and COE: As agreed, DERM restoration and enhancement staff will prepare and submit an ERP Permit application to the DEP and COE reflecting conceptual design details of the beach improvement project. Prior to this submittal, Coastal Systems and the Village will review and approve the ERP application. Upon approval, DERM will submit the formal ERP application to the appropriate regulatory agencies. Dade County DERM: DERM will also prepare and process the required DERM Class I permit application to Dade County reflecting conceptual design details of the proposed project. Prior to submittal, Coastal Systems and the Village will review and approve the application. Coastal Construction Control Line (CCCL) Permit Application: DERM staff will also prepare and submit a CCCL permit application to DEP-Bureau of Beaches and Coastal Systems (DEP-BBC&CS) reflecting the approved conceptual design and permit sketches. Prior to the submittal, DERM will forward a CCCL permit application to the Village and Coastal Systems for review and approval: Upon approval, DERM will submit the CCCL application to the DEP-BB&CS. DERM will maintain contact with DEP-BB&CS, DEP-BSL&ER, COE and DERM regulatory staff to answer questions, clarify the proposed construction, and expedite permit approval after submittal of the incompleteness summary response. DERM staff will provide details of the proposed construction and respond to .the incompleteness summary from the regulatory agencies. Coastal System will assist DERM in providing additional information that is presently available from the Village or within Coastal Systems' files in responding to the incompleteness summary. Fees for the Part V Services are Estimated to be $4,000 GENERAL Coastal Systems will invoice the Village for Parts III, IV, and V on an percentage complete basis as per our Professional Agreement with Dade County. Expenses except the geotechnical laboratory analysis will be invoiced separately as per Dade County agreement. The Village shall make payment to Coastal Systems upon receipt of an invoice. Invoices not paid within 30 days and not in dispute shall incur interest at the rate of 1.5% per month. The Village agrees to pay any cost of collection including reasonable attorney's fees incurred whether or not a suit is commenced or an appeal is taken. p. COASTAL SYSTEMS INTERNATIONAL, INC. t,coastal.Environmental, Civil, Engineering and Management 135000 Mr. Kissinger October 9, 1996 Page 3 Please sign this agreement and return a signed copy to us which will serve as our authorization to proceed. We are looking forward to this opportunity to work with the Village of Key Biscayne to restore and maintain the beach. Should you have any questions, please contact me. Sincerely, COASTAL SYSTEMS INTERNATIONAL, INC. Paul C. -P. in, Ph.D., P.E. Associate SIGNED: PL:ba Attachment r. C. Sam el Kissinger illage Manager AF 1PROJECI113 5000\COASTALUCISS/PRO. W PD DATE: l 4 Z31440 COASTAL SYSTEMS INTERNATIONAL, INC. • Coastal, Environmental, Civil, Engineering and Management VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this ?i day of 0" b , 19/7 by S and between the Village of Key Biscayne (the "VILLAGE") and Coastal y stems International , Inc.. (the "CONSULTANT"). RECITALS: The VILLAGE wants to engage the CONSULTANT to perform certain professional services as specifically described under the Section 1, Scope of Services of this Agreement ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES The CONSULTANT agrees to provide Specified Services upon written request from the Village Manager as provided for in this Agreement. The CONSULTANT will: See Exhibit 1. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in accordance with the following fee schedule: Not to exceed $7,500. The CONSULTANT will issue an invoice once a month including signed copies of all invoices for each calendar month for the work which has been completed. Said invoice is payable by the VILLAGE within 30 days. The VILLAGE shall pay to the CONSULTANT for the faithful performance of this Agreement, in lawful money of the United States of America. 3. TERM The term of this Agreement is 1 year(s) unless earlier terminated pursuant to paragraph 4. GENERAL TERMS AND CONDITIONS All work papers and documents that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE. Upon termination of this Agreement or upon request of the VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONSULTANT. 5. INSURANCE The CONSULTANT shall at all times carry worker's compensation insurance (as required by law), public liability and property damage insurance, and automotive public liability and property damage insurance with minimum policy limit in the amount of Three Hundred Thousand Dollars ($300,000.00) per occurrence for personal injury and property damage liability. The VILLAGE shall be named as an additional insured on all of the above insurance policies. Each insurance policy shall state that it is not cancelable or subject to change without written notice to the VILLAGE 30 days prior to the effective date of said cancellation or change. 6. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. 7 PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person (s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 8. TERMINATION This Agreement may be terminated by the VILLAGE upon 45 days' written notice with or without cause and by the CONSULTANT upon 45 days' written notice with or without cause. If this Agreement is terminated, the CONSULTANT shall be paid for all acceptable work performed up to the date of termination. 9. NONEXCLUSIVE AGREEMENT The services to be provided by the CONSULTANT pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion. 10. ENTIRE AGREEMENT The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 11. WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services. 12. NOTICES All notices and communications to the CONSULTANT or VILLAGE shall be in writing and shall be deemed to have been properly given if transmitted by registered, certified mail, postage prepaid, or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: Village: With a copy to: Consultant: C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Richard J. Weiss, Esq. Village Attorney Weiss, Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Paul C. P. Lin, Ph.D., P.E. Coastal Systems International 464 South Dixie Highway Coral Gables, Florida 33146 13. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONSULTANT: Coastal Systems International, Inc. 464.South Dixie Highway Coral Gables, • ri• a 33146 By: Attest: VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Bison ;, Flo' e a 3149 By: Attest: C. Samuel Kiss. _'r, Village Manager k - Approved as to legal sufficiency: It)NATIONWIDE INSURANCE teelioneride le on pow .id. NON swift M eU1l111M w/W .00141rM s eirq CERTIFICATE Of INSURANCE The company Indicated below certifies that the insurance afforded by the policy or policies numbered and described below is in force es of the effective date of this certificate. This Certificate of Insurance does rot amend. extend, or otherwise alter the Terms and Conditions of Insurance coverage contained is any policy numbered and described below. CERTIFICATE NOLOERs VILLAGE OF KEY SISCAYNE ATTU SAMUEL KISSINGER MNCR di WEST MCINTYRE STREET KEY SISCAYNE, FL 33149 TYPE OF INSURANCE POLICY NiOIREA I ISSUING CO. LIABILITY (X) Liability and Medical Expense [1) Personal and Advertisl g Injury [X) Medical Expenses (X) fire Legal Liability ( ] Other Liability POLICY EFF. DATE INSURED: COASTAL SYSTEMS INTERNATIONAL INC 461 5 DIXIE KWY CORAL GABLES. FL 33146 POLICY EXP. GATE 77•PR-176095-0001 NATIONWIDE MUTUAL INSURANCE CO. 01-20-96 01-20-97 LIMITS Of LIAOILITY ('LIMITS AT INCEPTION) Any One Occurrence $ 1.000,000 Any One Person/Org $ 1,000.000 ANY ONE PERSON , $ 5.000 Any One fire or Explosion 1 50.000 General Aggregate' S 1,000,000 Prod/Comp Dpi Aggregate S AUTONORILE LIAII1LJTt [x] NOSINESS AUTO (X] Owned (1) Mired (X) lion-Ooned 71.$A-176895-3001 NATIONWIDE MUTUAL INSURANCE CO. 01-20-96 01.20-97 Oodily Injury (Each Person) S (Each Accident) S Property Oaerge (Each Accident) S Combined Single Limit S 500,000 EXCESS LIABILITY () Vmheells form () Workers' Compensation slid (1 EnpIoyers' Liability Each Occurrence .. f Prod/Comp Ops/Disease Aggregate* S STATUTORY LIMITS 000ILr INJURY/ACCIDENT $ Bodily Iejvey by Disease EACN EMPLOYEE S fodily Injury by Disease POLICY LIMIT i Should any of the above described policies be cancelled before the expiration date, the insurance company will mail 30 days written notice to the above named certificate holder. Effective bete of Certiftcetei 01-06-1997 pate Certificate Issued: 01-06-1997 DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES/RESTRICTIONS/SPECIAL ITEMS A00 ASOvE CERTIFICATE NOtDER AS ADDITIONAL INSO. ALSO. Authorized Representative: RANDALL 1. !TEN Countersigned at: 1229 NORTN STATE ROAD 7 NOLLYNO00. FL 33021 Ac;UKU,r Ut i I Ir1L' M I t ur LIHbILI I T 1111 VKHIV4C COAST 3 01/07/97 PRODUCER ACBC/Marsh & McLennan 10 South Broadway THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63102 COMPANIES AFFORDING COVERAGE 800-648-7631 FsxNo.314-621-3173 COMPANY A Hartford Insurance Company 1..._..,a) COMPANY B Coastal Systems Int'l Inc. Ms. Vivian Miller COMPANYC 464 S. Dixie Highway Coral Gables FL 33146 COMPANY D COVERAGES •• . . . . . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DO/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ $ COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ CLAIMS MADE OCCUR PERSONAL & ADV INJURY • 6 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT i ANY AUTO 6 AU. OWNED AUTOS BODILY INJURY (Per SCHEDULED AUTOS person) i HIRED AUTOS BODILY INJURY (Per accident) NON -OWNED AUTOS $ PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ 1 ANY AUTO OTHER THAN AUTO ONLY: $ EACH ACCIDENT $ AGGREGATE EXCESS LIABILITY EACH OCCURRENCE $ $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMORELLA FORM COMPENSATION AND x WC STATU- TORY LIMITS OTH- ER WORKERS EMPLOYERS' LIABILITY EL EACH ACCIDENT i 100,000 1 500,000 THE PROPRIETOR/ INCL 8 4 WJAV2 8 8 4 11/01/96 11/01/97 EL DISEASE - POLICY LIMIT A IIl O O, 000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE EA EMPLOYEE OTHER DESCRIPTION AMEND OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CANCELLATION CLAUSE CERTFICATT HOL,DF.R : .: . : VILLKEY VILLAGE OF KEY BISCAYNE CANCELLATION . SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN: C. SAMUEL KISSINGER VILLAGE MANAGER ' 85 WEST MCINTYRE STREET IVE KEY BISCAYNE FL 33149 AUTHORIZED REPR Cl... ) , ACORD CORPORATION 1888 ACORD 25.5 (1/96)