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...
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ACORD CORPORATION 1888
ACORD 25.5 (1/96)