Resolution 78-15790 RESOLUTION NO. 78-15790
A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
WITH CARR SMITH AND ASSOCIATES, INC. , FOR THE
PROVIDING OF PROFESSIONAL SERVICES AS CONSULTANT
ENGINEER FOR THE REVITALIZATION OF ARTHUR
• GODFREY ROAD.
WHEREAS, on August 2, 1978, the City Commission of the
City of. Miami Beach adopted Resolution No. 78-15687 , authorizing the
issuance of negotiable coupon bonds in the sum of $2, 500 , 000 for the
purpose of improving certain areas of the City of Miami Beach, to
wit: Arthur Godfrey Road from Biscayne Bay to the Atlantic Ocean;
Indian Creek Drive from 39th Street to 44th Street; and Collins
Avenue from 44th Street to 46th Street; said improvements being
later approved by the qualified voters of the City at an election
duly held on October 5, 1978; and
WHEREAS, in order to accomplish said improvements, it is
necessary to employ a Consulting Engineer to perform those certain
professional services pertinent to such work; and
WHEREAS, pursuant to negotiations in accordance with the
City Commission' s action of November 15, 1978, the City Commission
hereby finds and determines it necessary to employ the firm of Carr
Smith and Associates, Inc. , to provide said professional and tech-
nical services; and
WHEREAS, an appropriate agreement has been prepared, which
has been approved as to legal form and sufficiency by the City
Attorney, a copy of which is attached hereto and made a part hereof`;
and
WHEREAS, the City Manager has recommended to the City
Commission that said agreement be entered into; and
WHEREAS, the City Commission, being familiar with the
terms and provisions of said agreement, deems it to be in the best
interest of the City and its residents to enter into said agreement;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk
be and they are hereby authorized and directed to execute the said
agreement in the name of and on behalf of the City of Miami Beach,
and the disbursing officers of the City are hereby authorized and
directed to make the disbursements called for in accordance with the
provisions of said Agreement.
PASSED and ADOPTED this 6th day of December, 1978 .
§ .
i-Azi4
Mayor
Attest:
City Clerk
OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 •
AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH
AND
CARR SMITH AND ASSOCIATE., INC. 69ej)
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 6th day of December, 1978
by and between The City of Miami Beach, a Municipal Corporation in Dade
County, Florida, hereinafter referred to as CITY, and Carr Smith and Associates,
Inc., a Florida corporation, hereinafter referred to as the ENGINEER.
WITNESSETH:
WHEREAS, the CITY proposes to do certain work towards the improvement of
Arthur Godfrey Road and other improvements as described in Exhibit A, herein-
after called the project; and
WHEREAS, the CITY desires to engage the ENGINEER to perform certain professional
services pertinent to such work in accordance with this Agreement; and
WHEREAS, the ENGINEER desires to provide such professional services in
accordance with this Agreement;
NOW THEREFORE, in consideration of the premises and the mutual benefits which
will accrue, to the parties hereto in carrying out the terms of this Agreement,
it is mutually understood and agreed as follows:
1. GENERAL SCOPE OF THIS AGREEMENT
The relationship of the ENGINEER to the CITY will be that of a professional.
consultant, and the ENGINEER will provide the professional and technical
services required under this Agreement in accordance with acceptable engineer-
ing practices and ethical standards.
1
TT. PROFESSIONAL AND TECHNICAL SERVICES
It shall be the responsibility of the ENGINEER to work with the CITY and
apprise him of the solutions to engineering problems and the approach or
technique to be used towards accomplishment of the CITY'S objectives as
set forth in Exhibit A. The scope of services to be provided to accomplish
the CITY'S objective is set forth in Exhibit B, subject, however, to the
inclusion of additional services as provided in IV. C or Exhibit B, VI.
ITT. PERIOD OF SERVICE
A. The ENGINEER will begin services promptly after receipt of a fully
executed copy of this Agreement; such receipt shall constitute written
notice to proceed. The ENGINEER shall endeavor to complete the services within
the time schedule shown in Exhibit D.
r .,
B. If the ENGINEER'S services called for under this Agreement are
delayed for reasons beyond the ENGINEER'S control, the time of performance
shall be adjusted appropriately; and, if such delays shall cause the services
under this Agreement to continue for a period of more than two (2) years from
the beginning date (as above provided), the fees contained in Exhibit C shall
be subject to renegotiation; any change in such fees shall apply only to the
unfinished services as of the effective date of such change. However, fee
for services under the construction phase shall continue through construction
and ninety days thereafter. In the event construction is extended more than
sixty days beyond the completion date, the ENGINEER shall be entitled to
payment under Additional Services.
C. The ENGINEER shall not be bound under this Agreement if a fully
executed copy hereof is not received by the ENGINEER within ninety (90) days
following approval of the City Commission.
IV. GENERAL CONSIDERATIONS
A. All original sketches, tracings, drawings, computations, details,
design calculations, and other documents and plans that result from the
ENGINEER'S services under this Agreement are and remain the property of the
.1 ENGINEER. as instruments of service. Where such documents are required to be
filed with governmental agencies, the ENGINEER will furnish copies including
reproducibles, to the CITY upon request.
B. The CITY may, at its expense, obtain a set of reproducible copies
of any maps or drawings prepared for it by the ENGINEER, in consideration
of which. the CITY agrees that no additions, deletions, changes or revisions
shall be made to same without the express written approval of the ENGINEER.
C. Notwithstanding that specific services are enumerated in Exhibit B,
the ENGINEER will, upon written request of the CITY, provideanyand all other
civil engineering and architectural design, hydrological, permitting and
planning consulting services normally falling within the scope of civil
engineering consulting that are required to complete a project of the
type as described in Exhibit A; provided, however, that any additional
services shall result in extra compensation to the ENGINEER, as provided in
Exhibit C. It is understood and agreed that if such additional services are
requested, the agreement shall be considered as a continuing contract with
respect thereto. •
D. The CITY hereby acknowledges that estimates of probable construction
costs cannot be guaranteed, and such estimates are not to be construed as a
promise to design facilities within a cost limitation. 778
E. The ENGINEER shall at all times carry, on all operations hereunder,
workmen's compensation insurance, public liability and property damage insurance,
automotive public liability and property damage insurance, and errors and
omissions coverage.
F. It is understood and agreed that the ENGINEER'S services under this
Agreement do not include participation, whatsoever, in any litigation. Should
such services be required, a supplemental agreement may be negotiated between
the CITY and the ENGINEER describing the services desired and providing a basis
for compensation to the ENGINEER.
G. Upon the ENGINEER'S written request, the CITY will furnish or cause
to be furnished such reports, studies, instruments, documents and other infor-
mation as the ENGINEER and CITY mutually deem necessary, and the ENGINEER may
rely upon same in performing the services required under this Agreement.
H. The CITY represents that it is a political subdivision of the State
of 'Florida with the authority to engage the professional service described in
Exhibit B and to accept the obligation for payment for the services as
described in Exhibit C.
I. .The CITY and the ENGINEER each binds itself and its successors,:;
legal representatives, and assigns to the other party to this Agreement and
to the partners, successors, legal representatives, and assigns of such other
party, in respect to all covenants of this Agreement; and, neither the CITY
nor the ENGINEER will assign or transfer their interest in this Agreement
without the written consent of the other.
V. COMPENSATION
The ENGINEER shall be compensated for all services rendered under this Agreement
in accordance with the provisions of Exhibit C.
• VI. PROHIBITION AGAINST CONTINGENT FEES
The ENGINEER warrants that he has not employed or retained any company or person,
other than a bona fide employee working solely for the ENGINEER, to solicit or
secure this Agreement, and that he has not paid or agreed to pay any persons,
company, corporation, individual or firm, other than a bona fide employee
working solely for the ENGINEER any fee, commission, percentage, gift, or any
other consideration, contingent upon or resulting from the award or making
of this Agreement.
79
VII. j COMPLIANCE WLTH "COMPETITIVE NEGOTIATIONS ACT"
This Agreement is the result of advertisement by the CITY for applicants for
the professional services which is the subject of this Agreement; evaluation
of, submittals by firms expressing interest; interviews of qualified firms
by the CITY'S staff in accordance with, the policies and procedures adopted
by the CITY and in, pursuance of the Ordinances of the City of Miami Beach;
and applicable statutes of the State of Florida.
VIII. TERMINATION
• This Agreement may be terminated by either party by thirty (30) days prior
written notice, in the event of substantial failure to perform in accordance
with the terms hereof by the other party through no fault of the terminating
party. If this Agreement is terminated, the ENGINEER shall be paid in
accordance with the provisions of Exhibit C for all work performed up to the
date of terminatioh.
, IX. EXHIBITS
The following Exhibits are attached to and made a part of this Agreement
Exhibit A - Description of Project
Exhibit B - Scope of Services
Exhibit C - Compensation
Exhibit D - Time Schedule
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
written. .
ENGINEER: CITY: MIAMI BEACH
Carr Smith and Associates, Inc.
--__„ /41
t ',
By ( , 24A, tt By
E. Carr Smith, President Mayor
79} / Ar
gene N. B-champs, Se cetary Atte-gt City Clerk
. _ _
EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
CARR SMITH AND ASSOCIATES, INC.
DESCRIPTION OF PROJECT
I. This is a street improvement project located in Miami Beach,
Florida, on the following streets:
Arthur Godfrey Road - from Biscayne Bay to the Atlantic Ocean.
Indian Creek Drive - from 39th Street to 44th Street.
Collins Avenue - from 44th Street to 46th Street.
In order to accomplish this project, the area to be studied will
be one block north and south, or east and west of the above named
streets.
II. The purpose of this project is to improve the roadways listed
above and to provide other special improvements. The improvements
will include paving, sidewalks, curb and gutter, drainage consider-
ations, lighting, traffic signals, signage, landscaping, irrigation,
bus stop shelters, canopies, street furniture, ornamental and other
structures.
The project will include assisting the CITY in determining the
portion of costs assigned to each property owner in the
improvement districts.
The project will also include the development of guidelines for
design treatments of storefronts by their owners.
81
RXHIHIT H
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH.
AND
CARR SMITH AND ASSOCIATES, INC.
SCOPE OF SERVICES
The professional services to be provided are generally in the area of
studies, reports, preliminary engineering, construction drawings, technical
specifications, bidding and construction monitoring.
The services to be provided shall occur in five phases:
I. Design Development Phase
II. Estimating and Permitting' Phase
III. Construction Documents Phase
IV. Bidding Phase
V. Construction Phase
I. Design and Development Phase
A. Throughout the services within this phase it is anticipated that
there will be meetings with representatives of the Improvement
Districts, (as defined in Exhibit A, I.), the City administration
and the Florida Department of Transportation to ascertain the
program requirements for the project which shall set forth the
design objectives, constraints and criteria. Meetings with
representatives of the Improvement Districts shall be limited
to four (4) . If additional meetings beyond four (4) are required,
they shall be considered as additional services, (See VI) .
B. The ENGINEER shall obtain the services of Wurster, Bernardi &
Emmons, Inc. of San Francisco, California, hereinafter called WBE,
as a Professional Associate, to assist in the program determination,
master planning and design development services, as required.
1
C. The ENGINEER shall obtain the services of O'Leary-Shafer & Associates,
P.A. , Landscape Architects/Land Planners, of South Miami, Florida,
as a Professional Associate, to assist in providing landscape
architectural services as required for this and other phases of
services.
D. Services in this phase shall include five general areas:
1. Development of detailed Master Plan and finalization of all
architectural and design concepts.
82
Exhibit B (Continued)
I. A.
2. Preparation of a review and analysis of the effect of the project
on the resultant present and future parking within the limits
stated in Exhibit A. This review and analysis shall include
designating areas for parking.
3. Refinements of above items so that accurate cost estimates can
be prepared in Phase II.
II. Estimating and Permitting Phase
A. This phase of services will include:
1. The development of accurate cost estimates.
2. Development of a program to allocate project costs to the
various property owners within the Improvement District.
3. . Attendance at public hearings to discuss the project with
the public, and with agencies having jurisdiction.
4. Provide a reasonable amount of redesign resulting from these
public hearings and reviews.
5. Preparation of necessary data to obtain permits and approvals
from appropriate agencies.
III. Construction Documents Phase.
A. This phase of services will not begin until the City Commission
has adopted a resolution confirming the resolution ordering the
improvement.
B. This phase of services includes:
1. The preparation of construction drawings, technical specifications
and contract documents suitable for public bidding.
2. The preparation of specifications for street furniture and other
appurtenances which may be desired as part of this improvement.
3. Development of preliminary guidelines for design treatment of
store fronts.
IV. Bidding Phase
A. This phase of services includes:
1.. Assisting the CITY in obtaining qualified bidders.
2. Preparation of any addendum to the contract required during
the bidding phase.
83
Exhibit B (Continued)
IV. A.
3. Reviewing and tabulating all bids submitted.
4. Provide changes to plans and specifications to adjust construction
contract to, remain within estimated cost.
5. Recommending a construction contract award for the CITY.
V. Construction Phase
A. The Construction Phase will commence with the award of the
construction contract by the CITY.
B. During the Construction Phase the ENGINEER shall:
1. Provide periodic site visits to determine that the work
is proceeding in accordance with the contract documents.
2. Review Shop Drawings.
3. Review Construction Change Orders.
4. Assist the CITY in interpreting plans and specifications.
5. Prepare record drawings from information provided by the
construction contractor.
VI. Additional Services
A. Additional services which may be requested by the CITY and are
not included in the previously defined phases, include the following:
1. Land Surveying or other field surveying services.
2. Soil test borings, test pits, soil bearing tests, or other
testing services.
3. The design of parking lots or parking structures, related to
this project.
4. Additional meetings with representatives of Improvement Districts.
or other groups beyond the four (4) defined herein.
5. Special graphics, models, renderings or presentations.
6. Development of final guidelines for design treatment of store fronts.
7. Architectural design of any specific privately owned store front
or building.
8. The preparation of any environmental reports relating to this
project.
9. Resident inspection services during construction,. '
10. Such other services relating to the project which may be
authorized by the Director of Public Utilities. 84
EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
CARR SMITH AND ASSOCIATES, INC.
COMPENSATION
I. Method of Compensatioh
A. Time Charges
The CITY agrees to compensate the ENGINEER for the, professional
services described in Exhibit B to this Agreement, by paying to
the ENGINEER an amount equal to the ENGINEER'S payroll costs times
a factor of 2.5 for all those persons directly engaged on the
project, except those persons included in the hourly rates defined
in B below. Payroll costs are defined as the costs of salaries,
including incentive pay, sick leave, vacation and holiday pay of all
engineers, planners, technicians, draftsmen, typists and other
personnel working directly on the project, plus payroll taxes,
retirement and insurance benefits.
B. Hourly Rates
For the category of personnel described below, the CITY agrees to
compensate the ENGINEER on the basis of the hourly rates stated
herein with no markup. The hourly rates are as follows:
Firm Principals $55.00 per hour
Three Man Survey Party $40.00 per hour
Four Man Survey Party $45.00 per hour
Rates stated above for Survey Parties shall include vehicle and
all survey equipment charges.
C. Professional Associates
For the services of Professional Associates whose expertise is
required to complete the projects, the CITY agrees to reimburse
the ENGINEER for the total cost of said Professional Associates'
services plus 10%. Such services may include planning, landscape
architecture, electrical, mechanical, soil testing, or special
graphics. The ENGINEER will review the use of all Professional
Associates with the CITY and will not utilize the services of any
Professional Associate without the CITY's concurrence, other than
r .•
those cited in Exhibit B.
85
Exhibit C (Continued)
D. Out-of-Pocket Expenses
The CITY will reimburse the ENGINEER for all out-of-pocket expenses
directly chargeable to the project at the actual cost incurred.
Such charges shall be itemized and included in the monthly invoice
which will be submitted and paid as provided herein.
Typical reimbursable expenses include travel, lodging, meals,
and travel expenses when traveling on the CITY's behalf,
identifiable communication expenses, identifiable reproduction
costs, computer machine time and other identifiable charges. All
out-of-pocket expenses exceeding One Hundred Dollars ($100.00)
must have the CITY's prior approval. All travel shall be by
regular rate and lodging and meals shall not exceed Fifty Dollars
($50.00) per diem.
E. Compensation Limits
1. For all services in Phases I, II, III, IV, and V, as defined
in Exhibit B the maximum amount of compensation for Time Charges,
Professional Associates, and Out-of-Pocket Expenses shall be
limited to six and nine-tenths percent (6.9%) of the construction
cost of the project. For purposes of this contract the con-
struction cost of the project is now estimated at the sum of
Two Million Dollars ($2,000,000.) . The actual limiting amount
will be based on the actual construction costs, or some other
construction cost amount which has been mutually approved in
writing by the director of Public Utilities and the Engineer.
2. Payment for additional services as defined in Exhibit B, VI. ,
shall be in addition to the limits stated hereinabove and shall
be paid in accordance with the methods outlined herein only
when approved by the Director of Public Utilities in advance
of providing such services.
II: Invoicing Procedures
The ENGINEER shall submit monthly invoices to the CITY for all charges
for the services accomplished during each calendar month. Such invoices
shall be submitted by the ENGINEER as soon as possible after the 25th of
each month and shall be due and payable by the CITY upon receipt.
86
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71 LAE SCHEDULE
ORIGINAL
RESOLUTION NO. 78-15790
(Authorizing execution of agreement with
Carr Smith and Associates, Inc. for the
providing of professional services as
consultant engineer for the revitalization
of Arthur Godfrey Road)