Resolution 81-16516 RESOLUTION NO. 81-16516
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN EMERGENCY AGREEMENT WITH
PAUL C. MENSTER, P.E. CONSULTING ENGINEER FOR
THE REHABILITATION OF THE MIAMI BEACH YOUTH
CENTER ICE SKATING RINK.
WHEREAS, for the reasons more particularly described
in Commission Memorandum No. 8713, the City Commission deems
it desirable to enter into a contract with Paul C. Menster,
P.E. Consulting Engineer for the rehabilitation of the Miami
Beach Youth Center Ice Skating Rink; and
WHEREAS, the Mayor hereby certifies, for the reasons
set forth in the aforementioned memorandum, that an emergency
exists requiring the waiver of the competitive bidding process;
NOW, THEREFORE, BE IT 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 attached emergency agreement with Paul C. Menster, P.E.
Consulting Engineer for Rehabilitation of Miami Beach Youth
Center Ice Skating Rink.
PASSED and ADOPTED this 7th day of January , 1981
•
_`
May• ,
Attest:
City -lerk
FORM APPROVED
LE ' L DEPS`.
By ;,
Date, 04.4.47,1Z
x 1/7/81 LTA/mp
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH
AND
PAUL C. MENS ER, P.E. , CONSULTING ENGINEER
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 7th day of
by and between The City of Miami Beach, a Municipal Corporation in Dade
County, Florida, hereinafter referred to as CITY, and Paul C. Menster, P.E.
Consulting Engineer, Cleveland, Ohio, having obtained a temporary permit to
provide engineering services in the State of Florida for the Youth Center
Ice Rink Rehabilitation, hereinafter referred to as the ENGINEER.
WITNESSETH:
WHEREAS, the CITY proposes to do certain work towards the "Repair of Utility
Tunnel Wall at the Miami Beach Youth Center Ice Skating Pink, NP-196" as
described in Echibit A, hereinafter called the project; and
WHEREAS, the CITY desires to engage the ENGINEER to perform certain profes-
sional services pertinent to such work in accordance with this Agreement; and
WHEREAS, the ENGINEER desires to provide such professional services in accord-
ance 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:
I. 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 -engineering practices
and ethical standards.
II. PROFESSIONAL AND TECHNICAL SERVICES
It shall be the responsibility of the ENGINE1-R to work with the CITY and apprise
it of the solutions to engineering problems and the approach or technique to
be used towards acco plishment of the CITY'S objectives as set forth in Exhibit A.
The scope of services to be provides to accomplish the CITY'S objective is set
forth as provided in Exhibit B, subject however, to the inclusion of additional
services as provided. in IV.0 or Exhibit B, II.
III. PERIOD OF SERVICE
A. The ENGI::KPR will begin services promptly after receipt of a fully
eYecuted copy of this agreement; such receipt shall constitute Lsritten notice 3
to proceed. The ENGINE.'ER shall endeavor to complete the services within the
AGENDA R-� `� -
t ire schedule January 1st through June 30, 1961. ITEM
DATE 1 meg'
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 six
(6) months 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. 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 thirty (30) day:
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 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 con-
sideration 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, provide any and
all other mechanical , electrical engineering and structuraldesigns 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 ENGINEER shall at all times carry, on all operations here-
under, workmen ' s compensation insurance , public liability and property
damage insurance , automotive public liability and property damage insur-
ance , and errors and omissions coverage .
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E. It is understood and agreed that the ENGINEER'S servites under
this Agreement do not include participation, whatsoever, in any liti-
gation. 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.
F. Upon the ENGINEER' S written request, the CITY will furnish or
cause to be furnished such reports , studies , instruments , documents and
other information ,as the ENGINEER and CITY mutually deem necessary, and
the ENGINEER may rely upon same in performing the services required under
this Agreement.
G. The CITY represents that it is a political subdivision of the
State of Florida with the authority to engage the professional services
described in Exhibit B and to accept the obligation for payment for the
services as described in Exhibit C.
H. 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
is
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 upo
or resulting from the award or making of this Agreement .
VII . TERMINATION
This Agreement may be terminated by either party by thirty (30) days
prior written notice , in the event of substantial failure to perform
ig accordance with the terms hereof by the other party through no fault
c�_ the terminatini; party. If this A,reemcnt is terminated . the ENGINEER
all be paid in accordance with the provisions of Exhibit C for ,, 71
)rk performed up to the date of termination . 5
VIII. 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
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:
Paul C. Menster, P.E. , Consulting Engineer
B; de4.7e:7-iv.770. P —f '- ' .s\ -\\)\,
Mayor
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Witness Attest: City erk
City
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EXHIBIT A ' •
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
PAUL C. MENSTER, P.E . , CONSULTING ENGINEER
FOR
PROFESSIONAL SERVICES
DESCRIPTION OF PROJECT
I . This is a project to repair and restore the damaged
areas in the Miami Beach Youth Center Ice Skating
Rink. This consists of removing damaged concrete around
the cooling pipes, adding insulation and steel sleeves
around the pipes and repairing the concrete wall.
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EXHIBIT B
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
PAUL C. MENSTER, P.E . , CONSULTING ENGINEER
FOR
PROFESSIONAL SERVICES
SCOPE OF SERVICES
1 . Preliminary consultations , provide review and comments on bidding
documents and respond to telephone inquiries during the bidding
period.
2. Review proposals and contractor qualifications , prior to award of
contract.
3. Hold a pre-construction meeting with contractor and subcontractor
to review requirements , point out critical items , review schedules
and respond to any questions for the contractor. This meeting
would include both the Mechanical and Structural Engineer.
4. Coordinate closely with a project observer and supervisor for the
construction.
5 . Make periodic visits to site to observe progress , check compliance
with specifications and review project with City of Miami Beach
Supervisor.
6. Check completed installation, prepare punch list, if necessary,
and review and approve requests for payment.
7 . Review shop drawings and submittals for the project and respond to
telephone and written requests for clarification or information ,
during construction period.
8 . If requested, make an operational visit sixty (60) to ninety (90)
days after system is in operation , to observe conditions .
The City of Miami Beach shall coordinate assembling all bidding docu-
ments , advertise and obtain bids for the project. The City of Miami
Beach shall also assign an individual to perform the day-to-day ob-
servations and supervision of the contract work, who will coordinate
closely and report progress and pertinent information to this office.
This is to include the preparation for freezing and the freezing
process .
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EXHIBIT B (Continued)
The ENGINEER has cooperated in the past with a Cleveland Structural
and Concrete Engineer, Gregory Chacos, who is a registered Professional
Engineer in Florida and it is anticipated that Mr. Chacos will be re-
tained as an Associate Engineer for the concrete and structural phases
of the project. •
I . 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.
II. 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. Test pits , soil tests, or other testing services .
2 . Resident inspection services during construction.
3. Such other services relating to the project which may
be authorized by the Public Works Director.
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EXHIBIT C •
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
PAUL C. MENSTER, P.E . , CONSULTING ENGINEER
FOR
PROFESSIONAL SERVICES
COMPENSATION
PER DIEM RATE
* Paul C. Menster, ••Principal $320.00 $40.00/hour
Edward P. McHenry $320.00 $40.00/hour
Engineers , Registered Professional $280.00 $35 .00/hour
Designers $240.00 $30.00/hour
Drafting $20.00/hour
Other 2.5 times base pay
Overtime
Principal and Engineers Straight Time
Designers , Draftsmen and Miscellaneous Time-and-one-half
Expenses
Automobile 22 .50/mile
Printing Standard commercial .
Other expenses - plane , telephone , meals ,
parking, etc . Rates at cost
-Rates for courtroom time to be $360. 00 per day.
Rates applicable to City of Miami Beach, Florida January 1st through
June 30 , 1981 .
The above-described services will be performed on a time-plus-expense
basis . It is pointed out that the Structural Engineer' s rate may
differ from the above , but will be based on his normal time rate
schedules . Expenses include all travel and transportation expenses ,
motel and living expenses during travel and visits , printing, tele-
phone and other normal reimbursable expenses . Such expenses will be
invoiced on a cost or normal rate basis . The Structural Engineer' s
fee will be through this office and to his invoices will be added a
107. handling and overhead charge . The cost of the services are not
expected to exceed fourteen thousand (14,000) dollars . If there are
additional services requested , or the scope of the requirements are
such that it appears the figure c•:ill he exceeded , the estimated
is :.'ub;ect to review and adjustment .
I _ is estimated that three (3) visits to i;i:imi Beach :I L I he required ('
210
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Exhibit C (Continued)
the Structural Engineer and eight (8) by this office and the project
will be completed prior to July 1 , 1981. If, due to date of award
or other delays , the project extends beyond that date, the rate
schedules are subject to adjustment , due to inflation and cost increases
Billings will be made the first of each month for services performed
and expenses accrued during the previous month. Payments are to be
made within thirty (30) days of invoice date.
M1
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VtCllzllVAL
RESOLUTION NO. 81-16516
(Authorizing the Mayor and the City Clerk
to execute and Emergency agreement with
Paul C. Menster, P.E. , Consulting Engineer,
for rehabilitation of the M.B. Youth Centel
Ice Skating Rink)
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