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Resolution 79-15815 RESOLUTION NO. 79-15815 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH GREENLEAF/TELESCA, PLANNERS , ENGINEERS , ARCHITECTS , INC. , FOR SOLID WASTE STUDY . WHEREAS, on January 3, 1979 , an agreement with Greenleaf/ Telesca, Planners, Engineers, Architects, Inc. , has been negotiated by the City Administration staff pursuant to the direction of the City Commission; and WHEREAS, an appropriate agreement has been prepared by the City Attorney by the terms of which the agreed fee shall not exceed $35,000, based upon the Consultant' s payroll costs time a factor of 2 . 5 and any professional associates services , plus 10%; and WHEREAS, funds in the amount of $40 , 000 from the April 23 , 1970 bond issue have been appropriated to provide for the Solid Waste 'Disposal facilities; . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached agreement (hereby made a part hereof by reference) is hereby authorized to be executed by the Mayor and City Clerk of said City, and the proper finance of- ficers of the City are hereby authorized and directed to make the necessary disbursements as required by said contract. PASSED and ADOPTED this 17th day of January, 1979 . 1 ' Vic Mayor Attest: - City Clerk �! OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 CITY OF MIAMI BEACH 4 `� JAN 10 1979 CI1 U1=1-10E By TO: Mr. Joseph A. Wanick DATE: January 10, 1979 FROM: Frank Aymonin SUBJECT: Approval of Consultant Contract with Greenleaf/Telesca. Planners, Engineers, Architects, Inc. for Solid Waste Study Attached is an Agreement Between City of Miami Beach and Greenleaf/Telesca. Planners, Engineers, Architects, Inc. for Professional Services for Commission's consideration at its meeting of January 17, 1979. Kindly advise if the attached agreement should be approved as recommended. FA/JA/JB/j rs Attachment cc: Mr. Gavin W. O'Brien (w/attachment 1 I n1C\N q-U1j1 rt°1 1461)0 d ql 44, rin 7 ()), ‘39 g 26 t tri i) `oL, '\\\��,���yyy��� c-Fa I ... .\ J N 1 O 1979 AGREEMENT BETWEEN. PUBLIC unLiiita u rMKfME i Qy -� //w1_AM CITY OF MIAMI BEACH and GREENLEAF/TELESCA.PLANNER$.ENGINEERS.ARCHITECTS, INC. for PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this /714 day of January, 1979, by and between The City of Miami Beach, a municipal corporation in Dade County, Florida, hereinafter referred to as CITY, and, GreePleaf/Telesce.Planners.Engineers.Ar- chitects, Inc., a Florida corporation, • hereinafter referred to as the ENGINEER: WITNESSETH: WHEREAS, the CITY proposes to undertake a comprehensive solid waste management study as described in Exhibit A, hereinafter called the project; and WHEREAS, the CITY desires to engage the ENGINEER to perform certain professional service's 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: I . GENERAL SCOPE OF THIS AGREEMENT The relationship of the ENGINEER to the CITY will be that of a professional consult- ant, 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 ENGINEER to work with the. CITY and apprise it 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 Exhibit C or Exhibit B. III . 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 27 • AGENDA , �— ITEM (` -1- DATE /- 117 .7q proceed. The ENGINEER shall endeavor to complete the services within the time schedule shown in Exhibit B. 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. C. The ENGINEER shall not be bound under this Agreement if a fully exe- cuted 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, de- sign 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 in- struments of service. Where such documents are required to be filed with govern- mental 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, provide any and all other civil engineering and architectural design, hydrological , permitting, and planning con- sulting 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; pro- vided, 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, however, any estimate is to be based onbest information available at time. 28 -2- 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 andproperty 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 negotiated between the CITY and the ENGINEER describing the services desired and providing a basis for compen- sation 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 information 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, com- pany, corporation, individual , or firm, other than a bona fide employee working solely for the ENGINEER any fee, commission, percentage, gift, or any other con- sideration, 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 CITY for applicants for the professional services which are the subject of this Agreement; evaluation of sub- - 29 -3- a . . mittals 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 Agree- ment is terminated, the ENGINEER shall be paid in accordance with the provisions of Exhibit C for all work performed up to the date of termination. 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 X, SEQUENCE OF WORK The CITY and the ENGINEER shall agree as to the sequence of work items before under- taking any work on this, Project. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agree- ment upon the terms and conditions above stated on the day and year first written. • ENGINEER: CITY: GREENLEAF/TELESCA CITY OF MIAMI BEACH, FLORIDA PLAN ' RS,ENGINEERS ARCHITECTS, INC. / _� _/ / (Signed) Elayne Weisburd � By:ir I. By: Vice Mayor 4 �� Attest: ,', 9 �I/ !�'�'' i ,� U, (Signed) Elaine Matthews ,;, > f' City Clerk � .,tI (SEAL). _ , �•..,ties',., .. - "30 ;ki;ja,0'' -4- Cif- , EXHIBIT A PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH and GREENLEAF/TELESCA.PLANNERS.ENGINEERS.ARCHITECTS, INC. DESCRIPTION OF PROJECT This is a solid waste management study for the City of Miami Beach. Specifically, this study will address the following work elements: 1 . Develop the necessary data for the City to complete the solid waste element of the local government comprehensive plan as mandated under the Local Government Comprehensive Planning Act (LGCPA) of 1975. 2. Develop a solid waste management plan to meet the requirements of Chapter 17-7, Part II , Florida Administrative Code. 3. Review the solid waste state of the art in regard to its applicability to the CITY's problems. 4. Develop and evaluate alternatives for solid waste disposal , particularly the potential for the approximately 150 acres North Dade County Ojus site, and explore implementation strategies. 5. Provide the City Commission with the necessary information so that they can determine what options are open to them as to the on-going County resource recovery program as against controlling their own solid waste disposal destiny. Depending on the option selected, advise them of the degree of the City's financial exposure in meeting its waste management responsibility. Facility planning and/or process plant design are not included at this time but may . . ';;;:>'' be ordered as additional services or by separate amendment to this agreement. e koki • r.. ' Pk 31 sk3. i:. -5_ EXHIBIT B PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH and GREENLEAF/TELESCA.PLANNERS.ENGINEERS.ARCHITECTS, INC. SCOPE OF SERVICES Services to be provided by the ENGINEER under this agreement fall generally in the category of review of existing studies, reports, investigations, preliminary liaison with state, county, and other municipalities, preparationof a new comprehensive solid waste management report presenting conclusions, recommendations, and • implementation strategies for the CITY to the year 2000. The work plan of the study will include but is not necessarily limited to: SECTION 1 - INTRODUCTION (1) Describe area city, disposal site geology, soils, hydrology and climate (2), Jurisdictions involved - DERM, DER, C of E, S.F,W.M.D. , etc. SECTION 2 - SUMMARY, CONCLUSIONS AND RECOMMENDATIONS SECTION 3 - EXISTING CONDITIONS (1) Current collection practices, public/private terms of contracts, present dis- posal sates (2) Locate existing waste disposal sites and geographic location of 150-acre site '� with respect to other sites (3) Major transportation routes to 150-acre site and to county resource recovery facility (4) Identify physical characteristics of 150-acre site regulatory requirements (5) Identify present budgets, collection and disposal (6) Identify revenue taxes, monthly billings, etc. SECTION 4 - FUTURE CONDITIONS AND PROJECTIONS (1) Describe effect on solid waste collection and disposal by population growth by 5-year periods to the year 2000 '(2) Describe effect of present and future land use on type, source and quantity. of solid waste (3) Determine solid waste generation rates and daily tonnage by 5-year periods to 2000 (4) Identify future problems using background and future projections SECTION 5 - OBJECTIVES (1) Determine objectives based on expected problems (2) Identify both long and short term objectives having in mind resource recovery for CITY 32 �. -6- SECTION 6 - ALTERNATIVES FOR DISPOSAL AND RECOMMENDATIONS (1) Identify disposal methods meeting CITY needs including the 150-acre site including recycling, volume reduction, composting, incineration, sanitary landfill , etc. (2) Identify market for recovered resources (3) Discuss alternate disposal means based on interlocal agreements or private sector (4) Identify capital and operational costs for each viable alternative, probable life, permitting, and other requirements (5) Identify timing and priorities for long and short term solution and problems to be solved (6) Compare alternative with the county waste plan SECTION 7 - PLAN ACTION (1) Improvements needed at disposal site, 20-year use (2) Planned resource recovery system (3) Transfer stations and transport routes (4) Ordinances to enforce plan, probable fees, and schedule (5) Licensing and franchising of collectors delivering to the CITY's disposal site (6) Identify candidate jurisdiction for interlocal agreement to participate in, the CITY's waste disposal operation We estimate that five months will be required from the day of authorization to the submission of the completed report in preliminary form for the CITY's review and comments. 'An additional 30 days will be required following receipt of comments for revision, printing, and delivery of the final 50 bound copies of the report. SECTION 8 - ADDITIONAL SERVICES Additional services which may be requested by the CITY not included in the previously defined work plan are described in detail as follows: (1) Land surveying or other field surveying services (2) Soil test borings, test pits, soil bearing tests, or other testing services (3). Special graphics, models, renderings, or presentations (4) Obtaining DER operating permits for a solid waste disposal facility (5) Preparation Of any environmental reports relating to this project (6) Specific site development, facility planning, and/or process plant design (7) Representation at public hearings or special homeowners associations (8) Such other services relating to the project which may be authorized by the CITY's Director of Public Utilities 1'/ 33 -7- EXHIBIT C PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH and GREENLEAF/TELESCA.PLANNERS.ENGINEERS.ARCHITECTS, INC. COMPENSATION 1. Basic Compensation a. For all services in Sections 1 through 7 as defined in Exhibit B the compensation for time charges for professional services, professional associates, and out-of-pocket expenses shall not exceed the sum of THIRTY-FIVE THOUSAND DOLLARS ($35,000) , inclusive of Paragraphs (b) , (c) and (d) hereinafter set forth. b. The CITY agrees to compensate the ENGINEER for professional services 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. Payroll costs are defined as the costs of salaries, including incentive pay, sick leave, vacation, and holiday pay of all engineers, planners, architects, technicians, draftsmen, typists, and other personnel working directly on the project, plus payroll taxes, retirement, and insurance benefits. c. Professional Associate's For the services of professional associates whose expertise is re- quired, the CITY agrees to reimburse the ENGINEER for the total cost of said professional associates' services plus 10%. 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. d. Out-of-Pocket Expenses The CITY will reimburse the ENGINEER for all out-of-pocket expenses 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. Amounts in excess of $100 shall require approval of the CITY. 2. Compensation for Additional Services Payment for additional services as defined in Exhibit B, Section 8, 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. 3. Invoicing Procedures The ENGINEER shall submit monthly invoices to the CITY for the services ac- complished 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. 4. The ENGINEER shall give the City Auditors free access to his financial books and records to ascertain the correctness of the ENGINEER's billings and invoices for the compensation provided for in paragraphs 1 and 2 hereinabove set forth. 34 ORIGINAL RESOLUTION NO. 79-15815 (Authorizin g agreement with Greenleaf/ Telesca, Planners. . . .for solid waste study)