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Resolution 77-15445 RESOLUTION NO. 77-15445 A RESOLUTION AUTHORIZING THE RETENTION OF WILLIAM H. WEAVER, P.E. , FOR CONSULTING SERVICES FOR CONSTRUCTION PHASE OF BREAK- WATER FOR MIAMI BEACH MARINA, MP-36, AT A FEE NOT TO EXCEED $4,840.00. WHEREAS , the City of Miami Beach has received a grant from the EDA Grant Program to construct the Breakwater for the Miami Beach Marina and is constructing said Breakwater; and WHEREAS, the City of Miami Beach had originally contracted with Greenleaf and Telesca for the construction of said Breakwater and Greenleaf and Telesca were to have provided these consulting services; and WHEREAS, pursuant to an arbitrator' s decision (March 7, 1977) , Greenleaf and Telesca are held to no longer be responsible for supervising the construction of said Breakwater; and WHEREAS, while the City will provide full-time inspection of the construction of said Breakwater, it is necessary that an out- side engineer be employed to review shop drawings, make design modifications dictated by job conditions, and provide some site inspection; and WHEREAS, William H. Weaver, P.E. , did the actual engineering design of said Breakwater for the Miami Beach Marina; and WHEREAS, William H. Weaver, P.E. , will perform the above- mentioned services for the City of Miami Beach at a cost not to exceed $4,840.00; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that William H. Weaver, P.E. , be and he hereby is retained to provide consulting services for the construction phase of the Breakwater for the Miami Beach Marina (MP-36) to the City of Miami Beach at a fee not to exceed $4,840.00. PASSED and ADOPTED this 21st day * September, 1977 . Mayor Attest: City Clerk BES/rcp OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 f , v) ;,)„(-... - • } I September 22, 1977 Mr. William H. Weaver 2525 S.W. 3rd Avenue • Suite 401 Miami , Florida 33129 i Subject: Breakwater for City of Miami Beach Marina, , MP-36 Dear Mr. Weaver: You have been selected for consulting services for construc- tion phase of the Breakwater for City of Miami Beach Marina. Attached are a set of Bid Plans and Specifications for the subject project. For your information we are also attaching a copy of Council Memorandum Number 6515 approving your selection. Very truly yours, , Frank Aymonin, P.E. 6 Director of Public Utilities :mw a tachments I 1 -77- / 5L4S" %;1t,r figi4P eetv vazogi sead :C s FLORIDA 3 3 1 3 9 • • "VACA TIONLAND U. S. A." OFFICE OF THE CITY MANAGER CITY HALL WASHINGTON AVENUE D.A.SOUTHERN TELEPHONE:673-7010 CITY MANAGER COUNCIL MEMORANDUM NO. G rI TO: Mayor Harold Rosen and DATE: July 26, 1977 Members of City Council FROM: D. A. Southern City Manager SUBJECT: Consulting Services for Construction Phase of Breakwater for Miami Beach Marina, MP-36 The City of Miami Beach engaged the firm of Greenleaf and Telesca for the design of the Breakwater for the Miami Beach Marina which included their services during the construction phase. The Breakwater was designed and bids were taken for its construction in September, 1976, however, bids were rejected because of lack of federal funding under Phase I of the EDA Grant Program. Greenleaf and Telesca claim that the City of Miami Beach owed them additional fees for the Breakwater design including an increase in their $5 ,000.00 fee for the construction phase . This dispute was submitted to arbitration and the City was upheld in every account except Greenleaf and Telesca were relieved of the responsibility of providing services during the construction phase for the fee of $5 ,000. 00. Under Phase II of the EDA Grant Program, the City of Miami Beach has received a grant commitment of $3,018,000 for the construction of the Miami Beach Marina. Bids have been received for the con- struction of the Breakwater, the low bid being $1,480,000. City Forces will provide full time inspection of the Breakwater construc- tion, however, it is recommended that an outside engineer be employed to review shop drawings , make design modifications dictated by job conditions, and provide some cursory inspection. Mr. William H. Weaver, a professional engineer who did the actual engineering design of the Breakwater for Greenleaf and Telesca, has agreed to perform these services based on a lump sum fee for review of shop drawings, and cost per hour rate for design modifications and cursory inspection. It is estimated that these services will be approximately $4,840.00. Based on the above the Administration recommends that William H. Weaver, a professional engineer, be employed by the City of Miami Beach to review shop drawings , make design modifications and cursory inspections as outlined on the attached proposal, such services not to exceed $4,840.00. lagijte444—r" DAS/FA:pk R` AGENDA Q ITEM „`" 7 r DATE -1 I "'7 7 WILLIAM U. WEAVER CONSULTING ENGINEER 1 4 5 1 BRICKELL AVENUE MIAMI, FLORIDA 3 3 1 3 1 T E L E P II G N E 3 7 1 - 3 4 9 3 July A, 1977 Frank Aymonin Director of Public Works 1130 '•;ashingtnn Ave. Miami reach, Florida 73139 lef: nreakwster ror miami Reach marine. �uhjs construction Phase - ronsultinq Service. Dear Sir: The following is the fee proposal you requested for consulting structural services, to be performed during the construction phase of the reference project. • I understand that you will have a full time resident engineer on the project, whose duties will include the usual inspections of reinforcing steel and concrete placing, keep pile logs etc., and that you will require my services only for special conditions which may arise during construction. 1/ I further understand that the services required and limited to, are as follows: 1. -)eview of structural shop drawings. 2. Limited site inspections on an "on call" heels. 3. In-office time for preparation of supplemental drawings etc., as may be required during construction. 11 The fee proposal for these services is as follows: 1. Shop drawings - Lump Sum of t1,PDt .PO ( one Thousand dollars) . 2. site inspection - 1; 160.PP minimum oer visit. This fee is for service for up to 4- day ( 4 hours ) , portal to portal, and includes time required for writing report. Additional time, as desired, will he charged on the basis of s40.P0 per hour. If 3. In-office time - :30.00 per hour. The fee for shop drawings will be billed monthly on a percentage of completion of this work. The fees for inspection and office time will he billed and payable monthly ae work progresses. To perform these services I will require from you an updated set of specifica- tions and addenda, together with a copy of the drawings as issued for bidding. Sincerely yours, 10424.406•44. /116-414.04.0"" William H. Weaver P. E. Approved, Director of Public Works Date, Vit 9/ SUBJECT: Consulting Services for Construction Phase of Breakwater for Miami Beach Marina, MP-36 Estimate of Services to be performed by Mr. William H. Weaver, P.E. 1. Review Shop Drawings L. S. $1,000. 00 2. Site Inspection (including reports) 1/2 day @ 160. 00/mo. x 18 mo. 2,880. 00 3. In-office time 32 hours @ $30. 00/hr. 960. 00 $4,840.00 FA:pk 9f IS J i. W r L ‘NO° ri LI LV .1 a rr is � 1 -i./ flY S S o C 1 4.{ tl o n • .. .. ... ... - .. .. ,.... ...J.r,.... _iia:• ... .L . •. '. , . ' CONSTRUCTION INDUSTRY ARBITRATION TRIBUNAL In the Matter of the Arbitration between , GREENLEAF/TELL:SCA AND • CITY OF MIAMI BEACH, FLORIDA CASE NUMBER: 32-10-0120-76 AWARD OF ARBITRATOR(S) I, 0.1.120, THE UNDERSIGNED ARBITRATOR(S), having been designated in accordance with the Arbitration Agreement entered into by the above-named Parties, and dated October 3, 1973 and having been duly sworn and having duly heard the proofs and allegations of the Parties, AWARD, as follows: 1. For permitting effort $4,818.50, this claim is denied and the claimant should take nothing; for breakwater structural design effort $10,863.38, this. claim is denied and GREENLEAF/TELESCA should take nothing. 2. For basic services billed $3,500.00, the parties have stipulated to the payment of this sum. 3. For relief from the City's demand that GREENLEAF/TELESCA administer a construction contract (construction cost $1,449,878.00) over a period of of eighteen (18) months for a fee of FIVE THOUSAND DOLLARS ($5,000.00) GREENLEAF/TELESCA is hereby relieved from any further performance under the contract in this regard, and the CITY OF MIAMI BEACH, FLORIDA is under no obligation for the payment to GREENLEAF/TELESCA for services other than as set forth in the stipulated sum of THREE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS. ($3,500.00). I ; The administrative fees and expenses of the American Arbitration Association ; ! shall be borne by the CITY OF MIAMI BEACH, FLORIDA. Said fees and expenses shall be paid as directed by the Association. This Award is in full settlement of all claims submitted to this Arbitration. ' I J. McCORMICK, ARBITRATOR DATED: March 7, 1977 STATE OF Florida ss.: COUNTY OF Dade i On this 10th dayof March 19 77 , before me personally came and appeared EDWARD J. MCCORMICK to me known and known to me to be the individual(s)described in and who executed the foregoing instru- Q merit and he acknowledged to me that he executed the same. 9 1 NOTAR PUBLIC;.State . of Florida-l" oda ' y Comm a5 o#i.Bz4)4 q,p i. .E;r, .• _ • • _ • ' BOI:0E0 TMRUMAYNAR0ENARO• CC 9GOBER 5: 1Crd-S-7� . . ND4►G AGENCY