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HomeMy Public PortalAbout1997 Agreement for Long-Term Beach Nourishment PlanVILLAGE OF KEY BISCAYNE Village Council John F. Festa, Mayor Michele Padovan, Vice Mayor Mortimer Fried Gregory C. Han Hugh T. O'Reilly Christina Dearing Reed Betty Sine Village Manager C Samuel Kissinger Paul C. -P. Lin, Ph.D., P.E. Coastal Systems International, Inc. 464 South Dixie Highway Coral Gables, Florida 33146 Dear Dr. Lin: Office of the Village Manager February 18, 1997 Enclosed please find executed copies of the Village of Key Biscayne Agreement for Professional Services, and the Coastal Systems International, Inc. Agreement, labeled as Exhibit One. These documents authorize you to begin work on the Village of Key Biscayne Long -Term Beach Nourishment Plan. Thank you for your patience and time with this project and we look forward to working with you. If you have any questions or require additional information and/or assistance, then please contact either myself or James DeCocq at my office. Very truly yours, amuel Kissinger Village Manager CSK/jdd 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax: (305) 365-8936 MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT" VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this k7 T_ -day of ,jam , 19_'7- by and between the Village of Key Biscayne (the "VILLAGE") and Coastal Systems In tional, 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 One. 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 $35,075. 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 eight. 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 Gablesl. lorida 33146 By: Attest: VILLAGE: Village of Key Biscayne 85 West McIntyre Street Key Bisca ne, Florida 33149 By: tte C Samuel is ger, illa 4 Approved as to legal sufficiency: anager Village Attorney POLICY NUMBER: 77 -PR -176-895-0001D COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS RELATING TO PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE State or Political Subdivision: VILLAGE OF KEY BISCAYNE ATTN: SAMUEL KISSINGER 85 WEST MCINTYRE STREET KEY BISCAYNE, FL 33149 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to 1. include as an insured any state or political subdivision shown in the Schedule, subject to the following additional provision. This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or 2. The construction, erection, or removal of elevators; or 3. The ownership, maintenance, or use of any elevators covered by this insurance. CG 20 13 11 85 Copyright, Insurance Services Office, Inc., 1984 ACORD CERTIFICATE OF LIABILITY Fax No. 314-621-3173 INSURANCE CSR CE DATE (MM/DDYY) COAST -3 09/04/97 PRODUCER ACEC/Marsh & McLennan 10 South Broadway St. Louis MO 63102 Phone No 800-648-7631 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. COMPANIES AFFORDING COVERAGE COMPANY A Hartford Insurance Company INSURED Coastal Systems Int I l Inc. Ms. Vivian Miller 464 S. Dixie Highway Coral Gables FL 33146 COMPANY B COMPANY C 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. 1 CO TYPE OF INSURANCE LTR i POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDIYY) POLICY EXPIRATION DATE IMM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PROT GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ CLAIMS MADE OCCUR PERSONAL & ADV INJURY S OWNER'S & CONTRACTOR'S EACH OCCURRENCE S FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ A WORKERS COMPENSATION EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE i OFFICERS ARE. AND INCL EXCL 84WJVAV2884 11/01/97 11/01/98 WC STATU- X TORY LIMITS IC/Jr EL EACH ACCIDENT $ 100 , 000 EL DISEASE -POLICY LIMIT $ 500,000 EL DISEASE - EA EMPLOYEE $ 100,000 OTHER )ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS AMEND CANCELLATION CLAUSE :ERTIFICATE HOLDER VILLKEY VILLAGE OF KEY BISCAYNE ATTN: C. SAMUEL KI S S INGER VILLAGE MANAGER 85 WEST MCINTYRE STREET KEY BISCAYNE FL 33149 \CORD 25-S (1/95) CANCELLATION SHOULD ANY EXPIRATION 30 DAYS OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. BUT FAILURE OF ANY KIND AUTHORIZED REPRE IVE a ©ACORD CORPORATION 1988 BLANKET PROTECTOR COMMON DECLARATIONS ISSUED BY NATIONWIDE MUTUAL INSURANCE COMPANY NATIONWIDE INSURANCE o Nationwide is on your side ONE NATIONWIDE PLAZA • COLUMBUS, OHIO 43215-2220 POLICY NUMBER 77PR176895-0001D NAMED INSURED COASTAL SYSTEMS INTERNATIONAL INC MAILING ADDRESS 464 S DIXIE HWY CORAL GABLES FL 33146 POLICY PERIOD FROM 01/20/97 TO 01/20/98 AT 12.01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS. FORM OF BUSINESS CORPORATION DESCRIPTION OF BUSINESS ENGINEERS OR ARCHITECTS/CONSULTING IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THE POLICY, WE AGREE TO PROVIDE YOU WITH THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE COVERAGES INDICATED AS INCLUDED. THE PREMIUM MAY BE SUBJECT TO ADJUSTMENT. NOT INCLUDED INCLUDED COMMERCIAL PROPERTY COVERAGE X COMMERCIAL GENERAL LIABILITY COVERAGE X COMMERCIAL CRIME COVERAGE X MECHANICAL, ELECTRICAL AND PRESSURE EQUIPMENT COVERAGE X COMMERCIAL INLAND MARINE COVERAGE X COMMERCIAL AUTO COVERAGE X GARAGE COVERAGE X TOTAL ADVANCE PREMIUM $ 4,472.00 PREMIUM PAYABLE AT INCEPTION $ PREMIUM INCLUDES FLORIDA DOR SURCHARGE $ 4.49 PREMIUM INCLUDES THE FIGA ASSESSMENT $ 87.38 PREMIUM INCLUDES THE F.M.A.P. SURCHARGE $ 4.00 4,567.87 IN THE EVENT OF CANCELLATION BY YOU, WE SHALL RECEIVE AND RETAIN NOT LESS THAN $100 AS THE MINIMUM PREMIUM. FORMS IN COMMON TO ALL COVERAGES IL 00 17-1185 IL 00 03-1185 CAS 3228 ISSUED AT P.O. BOX 147080 GAINESVILLE, FL 32614 COUNTERSIGNED AT GAINESVILLE, FL 12/18/96 603/000 00045 CAS. 3200-A (01-87) CAS 3687 A-0194 BY LR ITEN 0012626 09 PAGE 001 R BLANKET PROTECTOR COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS NATIONWIDE INSURANCE ISSUED BY NATIONWIDE MUTUAL INSURANCE COMPANY © Nationwide is on your side ONE NATIONWIDE PLAZA • COLUMBUS, OHIO 43215.2220 POLICY NUMBER 77PR176895-0001D POLICY PERIOD FROM 01/20/97 TO 01/20/98 AT 12.01 A.M. STANDARD TIME AT YOUR MAILING ADDRESS LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT $ 1,000,000 EACH OCCURRENCE LIMIT $ 1,000,000 PERSONAL & ADVERTISING INJURY LIMIT $ 1,000,000 ANY ONE PERSON OR ORGANIZATION MEDICAL EXPENSE LIMIT $ 5,000 ANY ONE PERSON FIRE DAMAGE LIMIT $ 50,000 ANY ONE FIRE LOCATION OF ALL PREMISES YOU OWN, RENT OR OCCUPY LOC BLDG ADDRESS 001 01 464 S DIXIE HWY CORAL GABLES FL 33146 013 CLASSIFICATION CODE PREMIUM PRODS/COMP OPS ALL OTHER NO. BASIS RATE ADV RATE ADV PREM PREM ENGINEERS OR ARCHITECTS - 92663 311,000 CONSULTING - NOT ENGAGED IN PAYROLL ACTUAL CONSTRUCTION INCL PROD &/OR COMP OPER DRAFTSMEN INCL PROD &/OR COMP OPER 91805 143,000 PAYROLL 9.386 INCL .804 INCL COMMERCIAL GENERAL LIABILITY ADVANCE PREMIUM $ 3,636 FORMS APPLICABLE TO COMMERCIAL GENERAL LIABILITY COVERAGE PART CG 02 20-0792 CG 21 47-1093 CAS 2527 B-0794 CAS 3392-0887 CAS 4190-0190 CAS 4191-0190 CG 00 01-1093 IL 00 21-1194 CAS 3880-0788 CG 20 13-1185 CG 21 50-0989 CG 22 43-1185 12/18/96 603/000 CAS. 4244 00045 PAGE 004 " AVOIID, , CERTIFICATE OF LIABILITY Fax No. 314-621-3173 INSURANCE CSR CE DATE(MM/DD/YY) COAST -3 01/07/97 PRODUCER ACEC/Marsh & McLennan 10 South Broadway St. Louis MO 63102 Phone No. 800-648-7631 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. L COMPANIES AFFORDING COVERAGE COMPANY A Hartford Insurance Company INSURED Coastal Systems Int r l Inc. Ms. Vivian Miller 464 S. Dixie Highway Coral Gables FL 33146 COMPANY B COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT INDICATED, NOTWITHSTANDING CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS THE POLICIES ANY OR MAY OF OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION I DATE (MM/DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PROT GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ OWNER'S & CONTRACTOR'S EACH OCCURRENCE S FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY" EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY UMBRELLA FORM i OTHER THAN LiMfiRELLA FORM EACH OCCURRENCE $ AGGREGATE S S A WORKERS COMPENSATION EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE AND INCL EXCL 84WJAV2884 11/01/96 11/01/97 X TO Y LIMIT OTH- ER EL EACH ACCIDENT $ 100,000 EL DISEASE -POLICY LIMIT $ 500,000 EL DISEASE - EA EMPLOYEE $ 10 0, 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS AMEND CANCELLATION CLAUSE :ERT#FICATE HOLDER VILLKEY VILLAGE OF KEY BISCAYNE ATTN: C. SAMUEL KISSINGER VILLAGE MANAGER 85 WEST MCINTYRE STREET KEY BISCAYNE FL 33149 WORD 25-S (1/95) CANCELLATION SHOULD ANY EXPIRATION 30 DAYS OF THE ABOVE DESCRIBED POLICIES BE CANCELLED DATE THEREOF, THE ISSUING COMPANY WILL MAIL WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BEFORE THE TO THE LEFT, ' AUTHORIZED REPRE IVE r r; ��' �ACORD CORPORATION 1988