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HomeMy Public PortalAbout1999-47 Authorizing the agreement with EAS Engineering, Inc., Coral Gables, Florida re: Pines Canal overlook and dockRESOLUTION NO. 99-47 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH EAS ENGINEERING, INC., CORAL GABLES, FLORIDA, FOR PROFESSIONAL ENVIRONMENTAL AND ENGINEERING SERVICES FOR PINES CANAL OVERLOOK AND DOCK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the enhancement of the Pines Canal Overlook and extension of the sidewalk to the State Park has been a Village Council High Priority Goal or better since 1998; and WHEREAS, the enhancement of Pines Canal will provide a sunset vista for Key Biscayne residents; and WHEREAS, this project requires both environmental and coastal engineering which can be provided by EAS Engineering, Inc.; and WHEREAS, the Village Council authorized the Village Manager to contract EAS Engineering, Inc. for general professional engineering services on August 25, 1998, via Resolution No. 98-41. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. The Village Manager is hereby authorized to execute the attached agreement, on behalf of the Village, with EAS Engineering, Inc., at a cost not to exceed $19,500 for professional engineering services for Pines Canal Overlook and Dock. Section 2. The Village Manager is hereby authorized to execute and/or expand the scope of each of the four (4) "Tasks" separately, partially or completely, as is deemed necessary for this project. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of May , 1999 MAYOR JOE I. RASCO CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFICIENCY \,\/), fr--N RICHARD J. WEISS, VILLAGE ATTORNEY t VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on the 4 'M day of 14 141 , 1999' by and between the Village of Key Biscayne (the "VILLAGE"), and EAS Engineering, Inc. (the "CONSULTANT"). RECITALS: In accordance with Item (5) of Exhibit "A" of the continuing contract of August 26, 1998 between the parties, the VILLAGE wants to engage the CONSULTANT to perform Professional Environmental Engineering Services in conjunction with the Pines Canal Overlook and Dock ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants 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 provide Professional Engineering Services on a Task specific basis. A separate proposal for each Task with a defined scope will be presented for review and approval prior to the start of each Task. The work is described on Exhibit "A" attached hereto. 2. FJJS FOR SEJVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services. Task specific contracts will be presented for review and approval as requested by the Village Manager. Terms and conditions shall be outlined herein. The CONSULTANT will issue an invoice once per month for the work which has been completed. Said invoices are payable by the VILLAGE within 30 days. The VILLAGE shall pay the CONSULTANT for the faithful performance of this Agreement, in lawful money of the United States of America. Fees shall not exceed the hourly rates set forth on Exhibit "B" attached hereto. 3. TERM The term shall be for the duration of performance, unless terminated pursuant to paragraph seven (7). 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. Page 1 of 4 5. ASSIGNMENT This Agreement shall not be assignable by the CONSULTANT. Certain portions of the Specified Services may be subcontracted as necessary, with prior consent of the VILLAGE. 6. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT represents that it has not employed or retained any company or person, other than a bonafide 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 bonafide 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. 7. YERMINATION This Agreement may be terminated by the VILLAGE upon 45 days' written notice with or without cause or by the CONSULTANT upon 45 days' written notice with or without cause. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of this Agreement for all acceptable work performed up to the date of termination. 8. 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. 9. ENTIRE AGREEMENT The parties hereby agree that, subject to the previously existing continuing contract, this is the entire Agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 10. WARRANTIES OF CONSULTANT The CONSULTANT hereby 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. The CONSULTANT shall furnish proof that it has Worker's Compensation Insurance as required by Chapter 440 Florida Statutes and, where applicable, coverage for the U.S. Longshoremen's and Harbor Worker's Act and the Jones Act. The CONSULTANT shall furnish proof that it has Professional Liability Insurance in an amount no less than $500,000 per occurrence. The CONSULTANT shall furnish proof that it has Comprehensive General Liability Insurance in an amount no less than $1,000,000 per occurrence and Business Automobile Liability Page 2 of 4 Insurance with a limit of $500,000 per occurrence combined single limit. The Automobile Liability Insurance shall cover all owned, non -owned and hired vehicles used in connection with this work. The VILLAGE shall be included as "Additional Insured" with respect to the General Liability Insurance and Business Automobile Liability Insurance. 11. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have properly given if transmitted by registered or certified mail 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 (305) 365-5514 Richard Jay Weiss, Esq. Village Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive. Suite 420 Miami, Florida 33133 (305) 854-0800 Conchita H. Alvarez Village Clerk Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 (305) 365-5506 Edward A. Swakon, P.E. President EAS Engineering, Inc. 55 Almeria Avenue Coral Gables, Florida 33134 (305) 445-5553 12. 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 Page 3 of 4 Agreement upon the terms and conditions above stated, and pursuant to the previously existing continuing contract, on the day and year first above written. CONSULTANT: EAS Engineering, Inc. 55 Almeria Avenue Coral Gables, Florida 33134 (305) 445-55 By: Attest! ward ._.._—. Swakon, P.E., President VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 (305) 3655 , 4 By: Attest: 1 Page 4 of 4 C. Samuel Kissinge illage Manager Exhibit A EAS ENGINEERING, INC. 55 ALMERIA AVENUE • CORAL GABLES 33134 • (305) 445-5553 • FAX (305) 444-2112 April 15, 1999 FAX 305-365-8936 Mr. C. Samuel Kissinger Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Re: Environmental Engineering Services for Pines Canal Overlook and Dock Dear Mr. Kissinger: In response to your March 4th request and our on -site meeting on April 15, 1999, EAS Engineering, Inc. is pleased to submit the following proposal for professional environmental and engineering services related to the above referenced project. It is our understanding that you require professional environmental and civil engineering services to obtain the required environmental permits and to prepare construction plans for a scenic overlook, boat dock, and sidewalk extension at the above referenced location: Based on our understanding of your requirements, we have prepared a scope of services which we feel will be responsive to your needs. We have divided our scope of services into four (4) tasks: TASK 1 TASK 2 TASK 3 TASK 4 SITE ASSESSMENT ENVIRONMENTAL PERMITTING CONSTRUCTION PLANS MISCELLANEOUS GENERAL CONSULTING TASK 1- SITE ASSESSMENT This task will begin with the collection of background materials such as aerial photos, surveys, and ownership information, as well as any other pertinent information which may be in your files. After this information has been collected and reviewed, a site inspection will be conducted. This will include a benthic survey to document existing conditions at the site (i.e. water depths, flora, fauna, etc.), and will allow us to propose the most appropriate location and a design that will avoid and minimize environmental impacts. We will then evaluate this information to determine the various regulatory agencies' jurisdictions and the environmental and regulatory constraints on the use of the property. Exhibit A Mr. C. Samuel Kissinger Village of Key Biscayne April 15, 1999 -page2- Work under this task may also include discussing the proposed work with agencies such as the U.S. Army Corps of Engineers (Corps), the Florida Department of Environmental Protection (FDEP), and the Miami -Dade County Department of Environmental Resources Management (DERM). TASK 2 - ENVIRONMENTAL PERMITTING After the site assessment has been completed, we will prepare permit applications, including mitigation plans if necessary, for DERM, FDEP, and the Corps as required. These documents will be submitted to you for review and signature prior to submittal to the respective agencies. EAS Engineering, Inc. will respond to requests for additional information from all of these agencies. A substantial amount of time will be devoted to keeping track of agency findings on a regular basis. This monitoring will provide us with early detection of agency concerns and will minimize misunderstandings. Each of the applications will be tracked until a decision is reached. This application may qualify as a short -form application with the County. However, if a standard form application is necessary, obtaining a DERM permit will be a two-step process. The first step is a conceptual approval based upon the permit sketches. The actual permit cannot be obtained until after detailed construction plans are submitted for review (the second step in the process). This Task does not include preparation of construction plans (Task 3) or time associated with obtaining permits from The Village of Key Biscayne. As with all permitting matters, no guarantee can be provided regarding success or failure in obtaining permits. TASK 3 CONSTRUCTION PLANS Construction plans for the overlook, boat dock, and sidewalk extension will be prepared after conceptual approval has been obtained from DERM and after the state and federal permits have been issued. All technical specifications for the proposed work will be shown on the plans and not as separate documents. The Village will provide all required general conditions (i.e. Bonds, Insurance etc.). Plans will include structural details suitable for construction and bidding. The budget for this task does include the preparation of a construction cost estimate and responding to bidder questions during bidding. The budget for this task does not include inspections during construction. TASK 4 MISCELLANEOUS GENERAL CONSULTING This task will allow EAS Engineering, Inc. to perform miscellaneous assignments which may be required from time to time but do not fall within the scope of the first three tasks. It is understood Exhibit A Mr. C. Samuel Kissinger Village of Key Biscayne April 15, 1999 - page 3 - that work under this will be performed only at your discretion and with written authorization. Work charged under this task would include bidding assistance, site inspections, etc. Based upon our experience with similar assignments, we believe it is best to provide our work for Tasks 1 (Site Assessment) and 3 (Construction plans) for a fixed fee plus expenses, and for Tasks 2 (Environmental Permitting) and 4 (Miscellaneous General Consulting) on a time charge plus expenses basis. The following professional fees have been established for each of the tasks described above: TASK 1 - SITE ASSESSMENT $ 1,500.00 FIXED FEE PLUS EXPENSES TASK 2 - ENVIRONMENTAL PERMITTING $ 7,500.00 BUDGET ESTIMATE HOURLY PLUS EXPENSES TASK 3 - CONSTRUCTION PLANS $10,500.00 FIXED FEE TASK 4 - MISC. GENERAL CONSULTING HOURLY AS AUTHORIZED Regulatory agency plan review fees and permit fees are not included in the budgets for any tasks. They are your responsibility. Please note that the budget for Task 2 (Environmental Permitting) is a budget estimate and is nQ a fee maximum. Because of ever-changing regulatory requirements, it is difficult to assess a budget for this task. Hourly billing is fair for both parties. If permitting goes easily, our billings will not exceed the budget amount; if permitting is difficult, however, our bill for this task could exceed the budgeted amount. Our budgets of professional fees listed above do not include out of pocket expenses. Out of pocket expenses include the cost of water quality testing, plan review fees, permit fees, surveys by a registered surveyor, traffic engineering or out of pocket expenses listed in Paragraph 2 of the attached General Conditions for Professional Engineering Services. Hourly rates and out of pocket expenses will be charged as per the rates stated in Paragraphs 1 and 2 of the attached General conditions for Professional Engineering Services. Invoicing will be per Paragraph 3 of the General Conditions. Please be informed that we are prepared to initiate the services described above. We request that you acknowledge acceptance of this proposal by signing the enclosed copy of this letter and the General Conditions for Professional Engineering Services, and returning them to us. Work under this agreement will not begin until signed copies of both the agreement and general conditions are received. Exhibit A Mr. C. Samuel Kissinger Village of Key Biscayne April 15, 1999 -page4- On behalf of EAS Engineering, Inc. we wish to express our appreciation for the opportunity to submit this proposal. We look forward to a continued relationship on this and other future projects. Sincerely, EAS Engineering, Inc. Edward A. Swakon. P. E. President Enclosure This proposal and the attached General Conditions for Professional Engineering Services are acknowledged and accepted by: C. Samuel Kissinger Date H:\1700docs\1759.wpd Exhibit B EAS ENGINEERING, INC. GENERAL CONDITIONS FOR PROFESSIONAL ENGINEERING SERVICES ghedule of Professional Fees legistered Engineer Time :ngineer/Scientist Time :ngineering Technician Time :ADD Operator/Technician Time $ 65.00 per hour $105.00 per hour $ 85.00 per hour $ 75.00 per hour )ur professional fees do not include the cost of water quality testing, soils testing, plan review fees, permit fees, surveys by a registered urveyor, drainage tests, traffic engineering or out of pocket expenses. chedule of Out of Pocket 'hotocopies Slue Prints Aylars /alums :AX `,omputer time(CADD) Mileage gravel Expense Expenses $0.25 each $1.00 each 55.00 each $3.00 each $1.00 per sheet $20.00 per hour $0.27 per mile at cost Postage Long Distance Telephone including taxes Mobile Phone expenses including taxes Shipping Printing Sustenance (out of town only) Parking Fees & Tolls Boat Usage at cost at cost at cost at cost at cost at cost at cost $200/day !voicing EAS Engineering, Inc. will prepare invoices on a monthly basis for all work performed in the prior month, on or about the 5th of each month. \Il invoices shall be due and payable upon receipt. Interest at a rate of One Percent (1.0%) per month will be added to all amounts not paid Nithin 30 days of the date of our invoice. EAS Engineering, Inc. reserves the right to discontinue work on past due accounts. Me client agrees to pay EAS Engineering, Inc. for all costs associated with the collection of past due accounts, including attorneys fees. etainers letainers will be applied to our final invoice for services. ►utside Consultants Nhen the use of an outside sub consultant is required, the client will enter into an agreement with the sub consultant directly. At the client's •equest, EAS Engineering, Inc. will assist the client in procuring a sub consultant and will coordinate the work with the sub consultant as •equired. However, EAS Engineering, Inc, does nszt assume responsibility or liability for the selection or work of the sub consultants. 'ermination of Agreement This agreement may be terminated by either party upon thirty (30) days written notice. The client agrees to reimburse EAS Engineering, Inc. for all professional fees and costs incurred up to the date termination is effective. lability The client herein agrees that EAS Engineering, Inc.'s sole liability will be limited to the actual amount paid by client. )wnershio of Data EAS Engineering, Inc. shall retain ownership of all original data, including but not limited to sketches, plans, reports, applications, etc. The final plans, reports, etc. are for the exclusive use of the client. EAS Engineering, Inc. is not responsible for the unauthorized use of any plans, reports, sketches, etc. by others. ,Aisceflaneous Provisions This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, representations and agreements, be they verbal or written. The parties agree that venue for any legal action rising from this Agreement will be Dade County, Florida, and the prevailing party shall be entitled to recover incurred legal costs. The undersigned acknowledges and agrees that he/she will personally guarantee payment to EAS of all its invoices and that he/she shall be responsible for all costs of collection including attorney's fees. Y: PRINTED NAME ►S TO PERSONAL GUARANTEE .Y: PRINTED NAME SIGNATURE DATE SIGNATURE DATE