Resolution 77-15446 RESOLUTION NO. 77-15446
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI BEACH AUTHORIZING AND DIRECTING EXECUTION
AND DELIVERY OF AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND POST, BUCKLEY, SCHUH AND JERNIGAN,
INC. FOR ENGINEERING SERVICES FOR PROPOSED MIAMI
BEACH MARINA.
WHEREAS, the City Manager and the Public Utilities
Director have taken appropriate action, as required by law, for
the negotiation of a professional services contract by and between
the City of Miami Beach and Post, Buckley, Schuh and Jernigan,
Inc. for the rendition of professional engineering services to
the City in connection with the proposed City of Miami Beach
Marina, and
WHEREAS, the City Manager and the Public Utilities
Director have submitted to the City Council a proposed agreement
between the City and said engineering firm which provides for
the rendition by the said engineering organization for services
described therein and which said proposed agreement shall con-
tinue for a period of 90 days and any agreed extension thereto
for a total compensation not to exceed $118, 000, as provided in
said proposed agreement and have recommended the execution and
delivery by the City of Miami Beach of said agreement, and
WHEREAS, the City Attorney has approved said agreement
as to form and legal sufficiency, and
WHEREAS, the City Council deems it to be in the best
interests of the City, its citizens and residents , that said
agreement be executed;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Clerk be and they are hereby authorized and directed to execute
and deliver 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 disburse the monies re-
quired by the terms of said agreement from funds of the City
available for such purpose.
PASSED and ADOPTED this 21st day of September , 1977 .
ayor
Attest:
("Ti.) 2
City Clerk
OFFICE OF THE CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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ipgY
AGREEMENT
BETWEEN OWNER AND ENGINEER 3 SEP 2 9 1977
FOR PUBLIC UTI i "_ 'ARTMENT
PROFESSIONAL SERVICES
By A4"-
THIS AGREEMENT, made and entered into this 26th day of September ' 1977,
by and between The City of Miami Beach, a Municipal Corporation in
1 Dade County, Florida
hereinafter referred to as OWNER, and Post, Buckley, Schuh & Jernigan, Inc.
a Florida corporation, hereinafter referred to as ENGINEER.
WITNESSETH:
• WHEREAS, the OWNER proposes to do certain work towards accomplishment of
! the project described in Attachment A; arid
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IWHEREAS, the OWNER desires to engage the ENGINEER to perform certain pro-
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Ifessional services pertinent to such work in accordance with this Agreement;
and
1 WHEREAS, the ENGINEER desires to provide such professional services in
accordance with this Agreement;
d 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,
1 it is mutually understood and agreed as follows :
I . GENERAL SCOPE OF THIS AGREEMENT
1 The relationshipof the ENGINEER to the OWNER will he that of a professional
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i1 consultant, and the ENGINEER will provide the professional and technical
1 services required under this Agreement in accordance with acceptable engineer-
I ing practices and ethical standards.
II . PROFESSIONAL AND TECHNICAL SERVICES
It shall be the responsibility of the ENGINEER to work with the OWNER and
apprise him of solutions to engineering problems and the approach or technique
1 to be used towards accomplishment of the OWNER'S objectives as set forth in
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Attachment A. The scope of services to be provided to accomplish the OWNER'S
objective is set forth in Attachment B, subject, however, to the inclusion
of additional services as provided in IV.C.
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' III . PERIOD OF SERVICE
A. The ENGINEER will begin work promptly after receipt of a fully
#I executed copy of this Agreement; such receipt shall constitute written
notice to proceed.
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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 one (1 ) year from
) the beginning date (as above provided) , the fees contained in Attachment 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 con-
struction 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
d executed copy hereof is not received by the ENGINEER on or before November 1 ,
1977.
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
ti 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 OWNER upon request.
B. The OWNER may, at his expense, obtain a set of reproducible copies
of any maps and/or drawings prepared for him by the ENGINEER, in consideration
of which the OWNER agrees that no additions , deletions , changes or revisions
1111 shall be made to same without the express written approval of the ENGINEER.
C. Notwithstanding that specific services are enumerated in Attachment
��1 B, the ENGINEER will , upon written request of the OWNER, provide anyand all
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11 other civil engineering and architectural design, hydrological , permitting
1 and planning consulting services normally falling within the scope of the
civil engineering consultant that are required to complete a project of the
type as described in Attachment A; provided, however, that such additional
services shall result in extra compensation to the ENGINEER, as provided in
Attachment 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 OWNER hereby acknowledges that estimates of probable con-
" struction costs cannot be guaranteed, and such estimates are not to be •
construed as a promise to design facilities within a cost limitation.
E. The ENGINEER shall at all times carry, on all operations here-
I under, workmen's compensation insurance, public liability and property damage
11 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
1i the OWNER and the ENGINEER describing the services desired and providing a
11 basis for compensation to the ENGINEER.
G. Upon the ENGINEER'S written request, the OWNER will furnish or
jj cause to be furnished such reports, studies, instruments, documents and other
information as the ENGINEER and OWNER mutually deem necessary, and the ENGINEER
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may rely upon same in performing the services required under this Agreement.
H. The OWNER represents that he is a political subdivision of the State
of Florida with the authority to engage the professional service described in
i' Attachment B and to accept the obligation for payment for the services as
11 described in Attachment C.
I . The OWNER and the ENGINEER each binds itself and its successors,
legal representatives, and assigns to the other party to this Agreement and
partners,to p s, successors, legal representatives, and assigns of such other
party, in respect to all covenants of this Agreement; and, neither the
d OWNER 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 Agree-
ii ment in accordance with the provisions of Attachment C.
VI. PROHIBITION AGAINST CONTINGENT FEES
11 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
h solicit or secure this Agreement, and that he has not paid or agreed to pay
I� any persons, company, corporation, individual or firm, other than a bona fide
hemployee working solely for the ENGINEER any fee, commission, percentage,
1 gift, or any other consideration, contingent upon or resulting from the
award or making of this Agreement.
VII . COMPLIANCE WITH "COMPETITIVE NEGOTIATIONS ACT"
This Agreement is the result of advertisement by the OWNER 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 OWNER'S staff in accordance with the policies and procedures
adopted by the OWNER 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 fourteen (14) days prior
1 written notice, in the event of substantial failure to perform in accordance
III 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
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Iaccordance with the provisions of Attachment C for all work performed up to the
' 'i date of termination.
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1 IX. REGULATORY COMPLIANCES •
hh This contract is being funded by a federal grant and the ENGINEER is required
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ri to comply with all pertinent federal , state and local requirements, current
Ili at the time of execution of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
jthis Agreement upon the terms and conditions above stated on the day and year
first above written.
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ENGINEER: OWNER:
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} Post, Buckley, Schuh & Jernigan, Inc.
l' ))(./iq ("LI.By A_
Walter L. Revell , President ayor
a 1&52 / .
-4..e.,-,; a4;*1--,-- -X---:_-,
I Phillip E Searc , Secr tary Attest: City Clerk
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POST, BUCKLEY, SCHUH & JERNIGAN, INC.
Consulting Engineers/Planners/Surveyors
7500 Northwest 52nd Street
Miami , Florida 33166
(305) 592-6100
Date September 26, 1977
ATTACHMENT A - DESCRIPTION OF PROJECT
Project Miami Beach Marina
Location West of Alton Road between MacArthur Causeway and Government Cut
' ; Legal Description Section 3 Twp. 54 Range 42, Biscayne Bay, Dade County,
Florida
Owner City of Miami Beach
ii The nature, character, OWNER'S objectives and limits of the proposed project
are described as follows :
d The OWNER desires to construct approximately 12 finger piers and a central
.access pier with boat slips including utilities to be located between the
existing shoreline and a proposed breakwater (as shown on Greenleaf & Telesca
I; sketch entitled "Proposed Development, Job No. 332.02) for which the design
has been completed. A Harbor Master Office, U.S. Customs Office and marine
fueling facility are to be located on the central access pier and boat slips
q and utilities along the north breakwater.
1 iI The OWNER desires the ENGINEER to perform a pre-design review of proposed
modifications to the marina plan in terms of marina operations and possible
I effect on existing permits for the project.
General planning and design of land side land uses is not included at this
time but may be ordered as additional services or by separate amendment to
this Agreement. Shoreline revetment design at the piers and in the general
area of the development; and landside design at the underground fuel storage
site and utility connections are included at this time.
Design and construction of this marina will be under the guidelines of an
EDA grant which is being administered by the City.
Initials of Signatories:
For the ENGINEER For the OWNER
Date ?-11-1-7 Date ,///t/ %j
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POST, BUCKLEY, SCHUH & JERNIGAN, INC.
Consulting Engineers/Planners/Surveyors
7500 Northwest 52nd Street
Miami , Florida 33166
(305) 592-6100
Date September 26, 1977
ATTACHMENT B - SCOPE OF SERVICES
The services to be provided by the ENGINEER under this Agreement fall
II generally in the category of Studies and Reports , preliminary Engineering and
Final Engineering, and are described in detail as follows:
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I. Pre-design Review (Maximum alloted Schedule - 30 calendar days)
A. Review and make recommendations on modifications proposed by the
OWNER in the location and configuration of the finger piers in terms
of marina operations and in terms of approval by agencies whose
permits have been received by the City.
B. Prepare and assist the OWNER in submitting applications for revisions
to permits that have been received by the City where a favorable
agency reaction to the proposed modifications has been received.
C. Review and make recommendations on the mix of boat slip lengths
proposed by the OWNER.
D. Prepare Preliminary Plan and Cross Section showing materials of
construction and services to be provided on the central access pier,
the finger piers and the shoreline bulkhead/revetment treatment in
the general area of the development for approval by the OWNER. Pre-
pare preliminary estimate of cost.
E. Prepare Preliminary Plan and Elevation of Harbor Master/Customs
Building to be located on the central access pier for approval by
the OWNER. Prepare preliminary estimate of cost.
F. The OWNER will review and comment within five working days of
1 receipt of A, B, C, D, above, and authorize the ENGINEER to proceed
with the work in Section II .
II. Design for Construction
A. Prepare construction plans, technical specifications and estimate
of cost for a central access pier and approximately 12 finger piers
with boat slips and utilities in accordance with the plan approved
by the OWNER during the Pre-design review. Services to be provided
on the piers include electrical , telephone, water, fire lines , sewer
I and pier lighting. In addition, the central access pier will be
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provided with a marine fueling facility including spill prevention
control and countermeasure devices and an on-shore fuel storage
(including fuel lines to the central access pier fueling facility
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and all necessary landside fueling facilities) .
B. Prepare construction plans, specifications and estimate of cost
for dolphin mooring piles, slips and utilities, to serve the Bridge
} Dock Section and the Drift Boat Dock Section of the northern
breakwater.
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C. Prepare construction plans, specifications and estimate of cost
for general revetment modifications to the existing shoreline in
the area of the general development.
0 D. Prepare construction plans, technical specifications and estimate
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of cost for a Harbor/Customs Building to be located on the central
access pier in accordance with the plan approved by the OWNER
during the pre-design review.
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E. Both piers and building will contain alternate "add-on" or "deduct"
11 items for use by the OWNER in maintaining the project within es-
tablished budget limits.
1d III. Services During Construction
A. Provide periodic site visits to determine if the work is proceeding
jf in accordance with the contract documents.
B. Review shop drawings.
C. Representing the OWNER in interpreting plans and specifications.
D. Prepare record drawings from field notes provided by the con-
struction contractor.
11 11 E. Resident services during construction are not included but may be
ordered as additional services as provided for in Attachment C, or
by separate Agreement.
IV. To be furnished by the OWNER
A. Surveys of all kinds
B. Soil and foundation data
C. Soundings
D. Permits
E. Location of on-shore utility connection points and capacities.
F. Location of proposed on-shore land us.es that must be related to
the functional layout of the marina.
G. Prompt review comments
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H. Preparation of Contract Documents for bidding purposes (incorporating
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Technical Specifications provided by ENGINEER) .
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I. All printing except review sets to be provided by ENGINEER.
The ENGINEER'S services enumerated in Section I and II above shall be
completed within 90 calendar days following receipt by the ENGINEER of a fully
executed copy of this Agreement.
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Initials of Signatories:
For the ENGINEER For th OWNER
Date e- t(119 Date /49/(2.777
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POST, BUCKLEY, SCHUH & JERNIGAN, INC.
Consulting Engineers/ Planners/Surveyors
7500 Northwest 52nd Street
Miami , Florida 33166
(305) 592-6100
Date September 26, 1977
ATTACHMENT C - COMPENSATION
I. METHOD OF COMPENSATION
A. Time Charges . The OWNER agrees to compensate the ENGINEER for
Ithe professional services called for under Attachment B to this Agreement by
taking the direct personnel expense of all those persons engaged directly
on the OWNER'S work and adding a surcharge of 150% for overhead and profit.
Direct personnel expense is defined as the cost of salaries (including sick
leave, vacation, and holiday pay applicable thereto) of engineers/planners,
technicians, draftsmen, typists (reports/specifications) , surveymen, etc. ,
{!! for time directly chargeable to the project; plus payroll taxes, retirement
and insurance benefits.
B. Professional Associates The OWNER agrees to reimburse the ENGINEER
for the direct cost plus an administrative charge of 10% for the services of
Professional Associates, whose expertise is required to complete the OWNER'S
! project. Such services may include electrical , mechanical , aerial
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photography, architectural , etc. The ENGINEER will review the use of all
Professional Associates with the OWNER and will not utilize the services of
any Professional Associates without the OWNER'S concurrence.
C. Additional Services. Services authorized by the OWNER other than
f those specifically listed in Attachment B shall be considered additional
services for which the OWNER shall compensate the ENGINEER as provided under
I of this Attachment (C) . Additional Services shall include revisions to work
previously performed under Section II of Attachment B that are required be-
cause of a change in the data or criteria furnished to the ENGINEER, or a
change in the scope or concept of the project initiated by the OWNER, and/or
I; services that are required by changes in the requirements of public agencies,
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after work under this Agreement has commencec.
D. Out-of-Pocket Expenses. The OWNER shall reimburse the ENGINEER for
all out-of-pocket expenses directly chargeable to the project, at actual
cost incurred. Such charges shall be itemized and included in the monthly
invoices for time charges and shall be submitted and paid as provided for
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I time charges. Typical reimbursable expenses include travel , lodging, meals
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ly and travel expenses when traveling in the OWNER'S behalf, identifiable
( communication expenses, identifiable reproduction costs, computer machine
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time charges, survey supplies, special accounting expenses not applicable
' to general overhead. All out-of-pocket expenses exceeding one hundred dollars
must have OWNER'S prior approval . In addition, all travel shall be by
regular rate and all lodging and meals shall not exceed $50 per diem.
E. The total compensation for Items A. Time Charges, B. Professional
Associates and D. Out-of-Pocket Expenses is not to exceed one hundred
eighteen thousand dollars ($118,000) for the work described in Attachment B.
II . INVOICING PROCEDURE
The ENGINEER shall submit invoices each month to the OWNER for charges for the
work accomplished during each calendar month. Such invoices shall be sub-
mitted by the ENGINEER as soon as possible after the end of the month in which
the work was accomplished and shall be due and payable by the OWNER upon
receipt.
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Initials of Signatories: t/�---- ��/41 "./
For the ENGINEER For the OWNER
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Dat e 'P Date ye /jz�7 1
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