HomeMy WebLinkAboutReso 2015-2390 RESOLUTION NO. 2015- 239 0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH COASTAL SYSTEMS INTERNATIONAL, INC. FOR
CONSULTING ENGINEERING AND ENVIRONMENTAL
SERVICES RELATIVE TO BEACH MANAGEMENT, IN AN
AMOUNT NOT TO EXCEED THIRTY-FIVE THOUSAND DOLLARS
(S35,000.00), IN SUBSTANTIALLY THE SAME FORM ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach shoreline has suffered massive beach
erosion; and
WHEREAS. on June 19. 2008 via Resolution No. 2008-1279 the ,City Commission
approved an Agreement with Coastal Systems International. Inc., to prepare a comprehensive
Phase I Shoreline Stabilization Study Report that evaluated coastal processes along the 2.5 miles
of the City; and
WHEREAS, the Report, dated February 2009, was prepared based on pre-2008 survey
data, and provided some recommendations for beach management and shoreline stabilization;
and
WHEREAS, the City now wishes to have an updated and expanded study of Beach
Erosion Mitigation Techniques conducted by Coastal Systems International. Inc.; and
WHEREAS, Coastal Systems International, Inc. has agreed to undertake this project and
has submitted a proposal for services, in an amount not to exceed Thirty-Five'Thousand Dollars
($35,000.00); and
WHEREAS, the City wishes to enter into an Agreement with Coastal Systems
International. Inc.. in substantially the same form attached hereto as Exhibit ','A", in an amount
not to exceed Thirty-Five Thousand Dollars ($35,000.00), for Consulting Engineering and
Environmental Services.
NOWTHEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approVes the Agreement
with Coastal Systems International. Inc. for Consulting Engineering and Environmental Services
relative to beach management, in an amount not to exceed Thirty-Five !Thousand Dollars
($35,000.00), attached hereto as Exhibit "A".
R2015- Coastal Systems Intl Consult Engin Srvs re Beach Mgmt
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Aereement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effectiv- upon adoption.
PASSED AND ADOPTED this l9t11 day of March 0 20
George choll. Mayor
.: ATTEST: i
I
Jane'A. Hines. MMC. City Clerk
•'- - o i ,• .
APPROVED AS TO FORM AND '
LE AL .U . I IENCY
444
'p o YCit: Attorney
Moved by: (rrvv uQ,st _ 0
Seconded by: \(i u. YV\ g k
`Orro
Vote: lJ . (J�
Mayor Scholl V(Yes) (No)
Vice Mayor Gatto ,/(Yes) (No)
Commissioner Aelion /(Yes) (No)
Commissioner Goldman Yes) (No)
CommissionerLevin (Yes) (No)
R20I5- Coastal Systems Intl Consult Engin Srvs re Beach Mgmt '
iV$ lf+
-.0-"c AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
��o • AND COASTAL SYSTEMS INTERNATIONAL, INC.
a.,. CONTRACT NO. C1415-043
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement')
is made in duplicate. this day of . 2015. by and between the CITY OF
SUNNY ISLES BEACH. Florida, (hereinafter referred to as "City"), and COASTAL
SYSTEMS INTERNATIONAL, INC., a corporation authorized to do business in the State of
Florida (hereinafter referred to as "Consultant") whose Federal I.D. # is
RECITALS
WHEREAS. the City is in need of consultant to provide beach management consulting
services and shoreline stabilization including both beach renourishment and coastal structural
solutions ("Services"); and
WHEREAS. Consultant has expressed the ability and desire to provide these Services
subject to the terms and conditions contained herein: and
WHEREAS. the City desires to contract with Consultant to provide the Services, as
more fully described in Attachment "A" which is attached hereto; and
WHEREAS. the City desires to enter into an Agreement with Consultant to provide the
Services in a total amount not to exceed Thirty Five Thousand Dollars ($35,000.00).
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. SERVICES. Consultant agrees to furnish all labor and materials in a good
workmanlike and professional manner and to perform the Services designated in Attachment
"A" attached hereto, and incorporated herein by reference. The Services shall be performed by
Consultant to the full satisfaction of the City.
3. TERM. Subject to the provisions relating to the termination of this',Agreement as set
forth in Section 8 hereunder, this Agreement shall commence from the issuance of a Notice to
Proceed from the City Manager or his designee and shall terminate upon the completion of
Services. Payment will be made only for work completed to the satisfaction of the City.
Consultant is to commence performance of work on the Commencement Date and continue in a
diligent manner until work is complete. Consultant acknowledges that compliance with the
commencement and completion schedule is the essence of this Agreement. The terms of
Sections 15 and 16 entitled "Indemnification and Waiver of Liability" and ';Compliance with
Law" respectively, shall survive termination of this Agreement.
4. COMPENSATION. The Contractor agrees to provide the desired Services to the
City, in a total amount not to exceed Thirty Five Thousand Dollars (835,000100). Payment to
Contractor for all charges and tasks under this Agreement shall be in accordance with this
C1415-413 COASTAL SYSTEMS INTL. INC.
City of Sunny Isles Bench 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Agreement and the schedule of charges reflected in Attachment "A" and under the following
conditions:
a. Disbursements. There are no reimbursable expenses associated with this
contract, except for expenses approved by the City Manager.
b. Payment Schedule. Invoices received from the Contractor (pursuant to this
Agreement will be reviewed by the initiating City Department! Payments shall
made only after completion of each quarterly service period.. If services have
y
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department for payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act. The City will pay properly submitted Contractor invoices
following each quarterly period within 30 (thirty) days of receipt, for completed
and accepted deliveries or specified services and/or goods.i unless the City
notifies the Contractor in writing of the dispute, before the payment is due.
c. Availability of Funds. The City's performance and obligation 4w pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final Invoice. In order for both parties herein to close their books and records,
the Contractor will clearly state "final invoice" on the Contractors final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to the City. Since this account will
thereupon be closed, any other additional charges, if not properly included on
this final invoice, are waived by the Contractor.
Consultant shall make no other charges to the City for supplies, labor. taxes. licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred by
Consultant with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Consultant. Consultant shall not
pledge the City's credit or make it a guarantor of payment or surety for any contract, debt,
obligation, judgment, lien, or any form of indebtedness. The Consultant further warrants and
represents that it has no obligation or indebtedness that would impair its ability to fulfill the
terms of this Agreement.
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute For to render the
Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than
as an independent contractor other than those obligations which have been Or shall have been
undertaken by the City. Consultant shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible
for any expense incurred by the Consultant. The City shall have no dut91 to withhold any
0415-043 COASTAL SYSTEMS INT'L. INC.
City of Sunny Isles Beads 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Federal income taxes or pay Social Security services and that such obligations shall be that of
the Consultant, other than those set forth in this Agreement. Consultant shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this Agreement.
6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Consultant pursuant to this Agreement and related Services to this Agreement are intended
and represented for the ownership of the City only. Any other use by Consultant or other
parties shall be approved in writing by the City. If requested, Consultant shall deliver the
documents to the City within fifteen (1 5) calendar days.
7. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverage to protect the City and Consultant against all loss, claims, damage and
liabilities caused by Consultant, its agents or employees, as indicated below:
❑ Comprehensive General liability insurance, including broad ,form contractual
liability coverage for all operations, including, but not limited to, contractual,
products, and completed operations, personal injury and propene damage
liability with minimum limits of One Million Dollars (51,000,000) per
occurrence.
❑
Worker's Compensation and employer's liability coverage, as required pursuant
to Florida law.
❑ Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for minimum limits of not less than One Million
Dollars ($1,000,000) per occurrence. One Million Dollars :(S1.000.000) per
accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per
accident for property damage.
Insurance required of the Consultant shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City. Such insurance shall not dimihish Consultant's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable'to the City with a
minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is
performed, and at any time upon request, Consultant shall furnish to the City certificates
of insurance evidencing the minimum required coverage and shall be appropriately
endorsed for contractual liability, with the City named as additional insured. All policies
shall contain a waiver of subrogation endorsement. All policies and certificates shall be in
forms and issued by insurance companies acceptable to the City Manager orlhis designee. All
insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) days prior written notice to the City. The City reserves
the right from time to time to change the insurance coverage and limits of liability required to be
maintained by Consultant hereunder. Consultant shall also require and ensure that each of its
sub-Consultants providing services hereunder (if any) procures and maintains, until the
3
C1415-043 COASTAL SYSTEMS INT L. INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
completion of the services, insurance of the types and to the limits specified herein. ANY
EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST
BE APPROVED IN WRITING BY THE CITY.
8. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Consultant shall fail to fulfill
in a timely manner or otherwise violate any of the covenant's, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Consultant of its violation of the
particular terms of the Agreement and grant Consultant ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Consultant in an
amount equal to the actual cost of a third party to cure such failure. If Consultant
fails, refuses or is unable to perform any term of this Agreement. City shall pay
for services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Consultant shall be delivered to the City and
the City shall compensate the Consultant for all Services satisfactorily
performed prior to the date of termination, as provided in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing, the Consultant shall not be relieved of
liability to the City for damages sustained by it by virtue of a breach of the
Agreement by Consultant and the City may reasonably withhold payment to
Consultant for the purposes of set-off until such time as the exact amount of
damages due the City from the Consultant is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the Services then remaining to be performed at any time
by giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i)
and A(ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right! to terminate the
remaining Services to be performed in the event the Consultant is placed either in
voluntary or involuntary bankruptcy or makes any assignment ifor the benefit of
creditors.
9. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement
shall be governed by, construed and enforced in accordance with the laws of the State of
Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event
it becomes necessary for the City to file a lawsuit to enforce any term or provision under this
Agreement and the City is the prevailing party then the City shall be entitled to its costs and
attorney's fees at the pretrial, trial and appellate levels.
4
C1415-043 COASTAL SYSTEMS INTL. INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
10. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term
of this Agreement or any time for a period of ten (10) years subsequent to that'date upon which
the Consultant shall leave the employment of the City for any reason whatsoever, disclose to
any person or entity, other than in the discharge of the duties of the Consultant under this
Agreement, any information which the City designates in writing as "confidential." As a
violation by the Consultant of the provisions of this Section could cause irreparable injury to the
City and there is no adequate remedy at law for such violation, the City shall have the right, in
addition to any other remedies available to it at law or in equity, to enjoin the Consultant from
violating such provisions.
11. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service; or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City: Christopher J. Russo With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins Avenue, 4th Floor City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160 18070 Collins Avenue. 4th Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160
Tel: (305) 792-1702!
If to the Christy Brush
Consultant: Director
Coastal Systems International, Inc.
464 South Dixie Highway
Coral Gables, Florida 33146
Tel: (305)661-3655
Fax: (305) 661-1914
12. AUDIT. The Consultant shall make available to the City or its 'representative all
required financial records associated with the Agreement for a period of Threel(3) years.
13. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended; Title VIII
of the Civil Rights Act of 1968 as amended, Title 1 of the Housing i and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990. the Age Discrimination Act of 1975. Executive Order
11063. and with Executive Order 11248 as amended by Executive Orders 11375 and 12086.
The Consultant will not discriminate against any employee or applicant for employment
because of race. color, creed. religion. ancestry, national origin. sex. disability or other
5
C1415-0.43 COASTAL SYSTEMS INTL. INC.
City of Sunny Is/es Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
handicap, age, marital/familial status, or status with regard to public assistance: The Consultant
will take affirmative action to insure that all employment practices are! free from such
discrimination. Such employment practices include but are not limited to the following: hiring,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
of pay or other forms of compensation, and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Consultant agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 '(29 U.S.C. 708),
which prohibits discrimination against the handicapped in any Federally assisted program.
14. CONFLICT OF INTEREST. The Consultant agrees to adhere toland be governed
by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein
as if fully set forth herein, in connection with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly which should conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Consultant. The Consultant
guarantees that he/she has not offered or given to any member of, delegate to the Congress of
the United States, any or part of this contract or to any benefit arising therefrom.
15. INDEMNIFICATION AND WAIVER OF LIABILITY. The Consultant agrees, to
the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
representatives, officers, directors, officials and employees from and against all claims,
damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and
costs of appellate proceedings) relating to, arising out of or resulting from' the Consultant's
negligent acts, errors, mistakes or omissions relating to professional services in the performance
of this Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its
agents, representatives, officers, directors, officials and employees shall arise in connection with
any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death;
or injury to impairment, or destruction of tangible property including loss of use resulting
therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional
services in the performance of this Agreement including any person for whose acts, errors,
mistakes or omissions the Consultant may be legally liable. The parties agree that One
Hundred Dollars ($100.00) represents specific consideration to the Consultant for the
indemnification set forth in this Agreement.
16. COMPLIANCE WITH LAW. Consultant shall comply with all lads, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ('Applicable Laws") and shall obtain and maintain any and all material
permits, licenses, approvals and consents necessary for the lawful conduct of the activities
contemplated under this Agreement.
6
C1415-043 COASTAL SYSTEMS INT'L.INC.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement
supersede any other conflicting provisions that are contained in any other document; including
but not limited to Attachment "A".
18. MISCELLANEOUS. •
A. In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous
oral and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and
signed by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable
unless such waiver is in writing and signed by the party granting such waiver.
7
C1415-043 COASTAL SYSTEMS INTL. INC.
City of Sunny Islas Beach 18070 Collins Avenue,Sunny Isles Beach,Florida 33160
(305)947-0606 phone(305)949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate on the day and year first written above.
WITNESS: COASTAL SYSTEMS
INTERNATIONAL,INC.
Signature BY
rr - -L;ea
Christy Director
�lQ Q11 a.
Print Name
ATTEST: CITY OF SUNNY ISLES BEACH
BY:
Jane A. ' " MMC,City Clerk Chri .Russo,City Manager
APPROVED AS TO ' 0 RM
AND ' Di CY
BY. Allairi
'r76 • Attorney
8
C1415-043 COASTAL SYSTEMS INVL,INC.
COASTAL
COASTAL SYSTEMS INTERNATIONAL, INC.
464 South Dixie I lighwap•Coral Gables.Florida 33146
k� Tel:303-661-3655•Fax:303-661-1914
4,1,4„. 0111..
www.eoastalscstemsint.eom
SYSTEMS
J o ru..RR ovr
270002 — R2
March 12, 2015
Mr. Christopher Russo, City Manager
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach. Florida 33160
via e-mail: crusso @sibfl.net
RE: CONSULTING ENGINEERING AND ENVIRONMENTAL SERVICES RELATIVE TO BEACH
MANAGEMENT,CITY OF SUNNY ISLES BEACH,MIAMI-DADE COUNTY.FLORIDA
Dear Mr. Russo:
Pursuant to our recent discussions, Coastal Systems International, Inc. (Coastal Systems) is
pleased to present this revised scope of work to provide beach management consulting services
for the City of Sunny Isles Beach (City). Coastal Systems prepared a comprehensive Phase I
Shoreline Stabilization Study Report for the City, dated February. 2009 (2009 Report) that
evaluated coastal processes along the 2.5 miles of the City. This Report also provided
recommendations for beach management and shoreline stabilization that included both beach
renourishment and coastal structural solutions.
As the 2009 Report was prepared based on pre-2008 survey data, an updated summary of coastal
processes will be prepared based on currently available beach profile data. In addition, recently
completed and known upcoming beach management projects within or north of the City that
influence beach erosion/accretion will be summarized. The recommendations from the 2009
Report will be reviewed, and environmental regulatory and funding strategy recommendations
will be updated. as appopriate. An Addendum Shoreline Stabilization Study Report will be
issued. This report may become a precursor to a formal Feasibility Study to be undertaken by the
City, or by the City in partnership with Miami-Dade County (County), to serve as a basis to
update the Florida Department of Environmental Protection (FDEP) Strategic Beach
Management Plan. Please note that all requests for State funding must be for iprojects that are
consistent with the Strategic Beach Management Plan, and the current Strategic Beach
Management Plan does not reference coastal structural solutions for Sunny Isles Beach. The
following work tasks outline the scope of services to be provided by Coastal;Systems for the
City:
PART 1 —BEACH MANAGEMENT CONSULTING SERVICES
a. Coastal Engineering Site Visit: A senior coastal engineer with Coastal Systems will
evaluate representative areas of the beach and obtain photographs for documentation in the
coastal engineering report. Areas of beach erosion/accretion, dune conditions. and other areas
ATTACHMENT "A"
270002-R1
Mr. Christopher Russo
March 12, 2015
Pape 2
of concern will be identified. The engineer will coordinate a meeting with appropriate City
staff to further review any specific areas of beach management.
Fees for Part 1(a) services are lump sum at 51,200.00
b. Review of Beach Management Projects: Coastal Systems will review land summarize
beach management projects conducted and planned by Miami-Dade County and Broward
County since the 2009 Report was prepared. These projects will include, but shall not be
limited to. the following:
• Jade Signature (Sunny Isles Beach) — truck haul nourishment
• City of Hollywood—Truck Haul Nourishment
• Port Everglades — inlet bypassing
• Interim Beach Nourishment—planned for John U. Lloyd State Park
• Miami-Dade County— interim truck haul nourishment(s)
• Other Projects of Opportunity — private development(s) contributing sand to the
Sunny Isles beach area
• Bakers Haulover Inlet —ebb shoal dredging
• Bakers Haulover Inlet Bypassing — currently in environmental permitting
The project limits, approximate volumes of sand, and other coastal engineering parameters
will be summarized with appropriate figures and tables. Coastal Systems will also catalogue
the estimated volumes of sandy material to be excavated seaward of the Coastal Construction
Control Line for private oceanfront development projects that have been permitted by the
FDEP (where sand has not yet been placed in accordance with permit conditions) or currently
in permitting with the FDEP that is anticipated to be placed on the City s beach. These
volumes will be based on current published Coastal construction permit applications and
information provided by the City.
Fees for Part 1(b) services are lump sum at 52.800.00
c. Federal Shore Protection Project: The City is within a Federal Shore Protection Project
managed by the U.S. Army Corps of Engineers (Corps) with the County as the local sponsor.
The status of this Corps project will be reviewed and summarized as the Corps attempts to
find an economical source of sand for ongoing beach nourishment in both Miami-Dade and
Broward Counties for the duration of the Federal Shore Protection Project.iThe County has
identified the City as a "priority" project for beach nourishment: however, a sand source has
not been identified. The last beach compatible offshore sand source was recently exhausted
after nourishment of the beaches in northern Miami Beach. Beach management projects will
be summarized as follows:
• Planned beach nourishment in the City—estimated limits and volume
• Regional Sediment Management Plan for Southeast Florida— this plan includes use of
sand sources in federal waters offshore of St. Lucie County
• Identified Upland Sand sources
www.coastaisystemsint.com
270002-RI
Mr. Christopher Russo
March 12. 2015
Page 3
• Potential Projects with International Sources of Sand — non-federally funded
Fees for Part 1(c) are lump sum at $1,000.00
d. Coastal Structure Projects: The 2009 Report summarized recommendations for coastal
structures along the City's beach at two identified erosional "hot spots'. Coastal structural
performance will be reviewed for the following projects:
• Submerged Breakwaters, Sunny Isles Beach
• 32`d Street Breakwaters, Miami Beach
• John U. Lloyd State Park T-Head Groins, Broward County
In addition, three coastal structural projects have been proposed along the Florida east coast
but have not been implemented due to funding and regulatory challenges. These three
projects will also be summarized relative to potential coastal structural solutions for the City:
• 63rd Street Breakwaters. Miami Beach— Section 227 Project with the Corps
• Singer Island Submerged Breakwaters. Palm Beach County
• Town of South Palm Beach Submerged Breakwaters. Palm Beach County
Fees for Part 1(d) are lump sum at S 1,600.00
e. Beach Performance Evaluation: Available beach profile survey data from Miami-Dade
County, the FDEP. and other sources will be compiled and summarized. Data utilized in the
2009 Report was from a 2007-2008 timeframe. and available data post-2008 will be
collected. Annual erosion rates for the City's beach will be evaluated utilizing desktop
methods. and the erosion rates and beach profiles will be compared to the erosion trends
summarized in the 2009 Report.
Fees for Part 1(e) are lump sum at 52.000.00
f. Conceptual Design Alternatives: In addition to the breakwater design conceptually
presented in the 2009 Report, Coastal Systems will present up to t Wo (2) shoreline
stabilization project conceptual designs and discuss potential benefits and drawbacks of each
from functional, regulatory feasibility. and cost perspectives. These may include submerged
breakwaters. a broader north-south extent of breakwaters. and/or other appropriate beach
stabilization alternatives. This scope includes conceptual structure types and,typical sections,
and does not include full coastal engineering modeling/design services or consultation with
regulatory agencies; these services will be provided under an addendum scope of work. based
on the City's preferred approach for more detailed evaluation of alternatives.'
Fees for Part 1(1) are lump sum at S6.800.00
g. Review of Innovative Technologies: Coastal Systems will provide a short summary of
"innovative technologies' for beach management/shoreline stabilization currently available
www.coastalsystemsint.com
270002-R1
Mr. Christopher Russo
March 12, 2015
Page 4
in the marketplace. with focus on those top 5 or so technologies that have been reviewed and
commented on by the Florida Department of Environmental Protection and the U.S. Army
Corps of Engineers for potential application in the State of Florida. If the City wishes to
further evaluate innovative technologies for potential incorporation into the local beach
management plan, including meetings with product developers/manufacturers, design
evaluation, cost/benefit/funding evaluation, permitting feasibility, etc., these!services will be
provided under an addendum scope. The review will include a summary of recent
"demonstration" projects permitted by the Florida Department of Environmental Protection.
Fees for Part 1(g) are lump sum at S3,800.00
h. Permitting and Funding Strategy: Coastal Systems will consult with Miami-Dade County.
as the local sponsor for the Federal Shore Protection Project that encompas'Ses the City, the
Corps project manager for the Shore Protection Project, and the regulatory agencies that have
environmental permitting jurisdiction over beach management projects in the City, to discuss
the updated shoreline management recommendations relative to coordinated project
design/implementation efforts and environmental permitting feasibility.
Coastal Systems will consult with the County. FDEP, and federal agencies regarding
potential funding opportunities for interim beach nourishment projects and/or coastal
structural solutions, and provide strategic recommendations relative to independent City
and/or partnered projects. This scope of work includes a joint City-County meeting to discuss
alternatives relative to working within versus outside the Federal Shore Protection Project
framework. The fee estimate provided is for an initial level of effort of approximately 37
hours (will vary depending on staff rate; see Rate Schedule) of consulting services; the City
will be advised if additional scope/budget is required to address additional variables or
evolving permitting/funding regulatory or legislative frameworks.
Fees for Part 1(h) are hourly, not to exceed without City authorization S6,500.00
i. Addendum Report: An Addendum Report will be prepared to supplement and update the
2009 Report. The Addendum Report will summarize the data collection, current local beach
management efforts, and coastal engineering analyses referenced above. Photographs,
figures, and other documentation will be incorporated into the Report, or into the
Appendices. as appropriate. Recommendations will be provided regarding the next steps in
the process of evaluating shoreline stabilization design alternatives, potential strategic
partnerships. funding and permitting strategies. costs and schedules.
Fees for Part 1(i) are lump sum at S5.000.00
PART 2—CLIENT-DIRECTED MEETINGS
Coastal Systems staff will prepare for and participate in up to approximately 16'hours (will vary
depending on staff rate; see Rate Schedule) of conference calls and meetings with the Client to
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270002-R1
Mr. Christopher Russo
March 12, 2015
Page
review the Addendum Report and discuss next steps.
Fees for Part 2 are hourly, not to exceed without City authorization 52.800.00
GENERAL
This contract is subject to the attached "General Agreement Terms and Conditions" and is valid
to be executed for sixty (60) days. Coastal Systems will invoice the Client each month on a
percent complete basis for lump sum tasks and an hourly basis for hourly tasks pursuant to the
attached Rate Schedule. Expenses will be invoiced separately pursuant to the attached Rate
Schedule. Expenses are estimated at $1,500 for this scope of sen-ices, for ai total estimated
cost of$35,000.
If you wish for us to provide these services, please sign and return a copy of this agreement to us
or issue a purchase order, which will serve as our Authorization to Proceed. We look forward to
working with you in support of strategic beach management within the City. Should you have
any questions regarding this scope of work, please do not hesitate to contact me at (305) 669-
6231 or cbrush @coastalsystemsint.com.
Sincerely,
COASTAL SYSTEMS INTERNATIONAL, INC.
Christy Bru•
Director
SIGNED: DATE:
CITY OF SUNNY ISLES BEACH
PRINT:
NAME TITLE
C1B:TKB:ie:
Enclosures
Fik.ChB.PC.LaiS.IC.AP.IC.Contract Book.Accounting
F3Psojm12700O2Aoposa CmractNl5-031'_1 PRO Chris Russo-Beach Manareoeut Conti_Series-R.doca
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270002-RI
Mr. Christopher Russo
March 12. 2015
Page 6
COASTAL SYSTEMS INTERNATIONAL, INC.
RATE SCHEDULE
TITLE HOURLY RATE
PrincipaUDirector S 250.00
Department Head S 220.00
Senior Project Manager S 180.00
Project Manager S 160.00
Senior Surveyor/Project Engineer S 130.00
Scientist S 120.00
IT Specialist/Junior Engineer S 100.00
Designer/Assistant Project Manager S 80.00
Surveyor S 75.00
Graphics - Media Technician/GIS Technologist S 70.00
CADD/Engineering Technician S 65.00
Project Accountant S 60.00
Administrative Assistant/Technical Assistant/Clerical S 50.00
REIMBURSABLE EXPENSES
Professional Supplies and Standard Expenses: Professional supplies and standard expenses
will be billed at cost plus 10 percent. Professional supplies and standard expenses include
standard office supplies, plots and photocopies, telephone calls, facsimiles. mail and courier
delivery services and local travel expenses.
Direct Reimbursable Expenses: Charges above and beyond standard expenses noted above will
be invoiced at cost plus 15 percent. These include field equipment rental (see separate
Equipment Rate Schedule). field supplies and research materials, permit fees, report and
presentation materials, international travel expenses. and other expenses not included in
Professional Supplies and Standard Expenses. A 15 percent markup is added to all third-party
expenses that are billed through Coastal Systems for administration and financial responsibility.
Rates are subject to change at one-year intervals from date of contract execution.
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270002-R1
Mr. Christopher Russo
March 12. 2015
Page 7
General Agreement Terms and Conditions
Fees/Expenses: Unless explicitly stated in the Scope of Services (Scope). fees reflect Coastal Systems' estimate based on available
information.In many cases, all tasks necessary to complete the project are not known initially. Discoveries made during the project, a
modified scope of services, or changing regulations and/or legal interpretations may require amendments to the Scope. which could
affect final project costs. If such discoveries and/or amendments to the Scope are necessary.Coastal Systems will request authorization
for the additional Scope from the Client.Expenses will be invoiced pursuant to the attached Rate Schedule.
Payment Procedures: Invoices shall be submitted either upon completion of tasks or on a monthly basis. Invoides are due and payable
within 30 days of receipt.Retainers/deposits shall be credited to the final invoice(s).
Late Payments: Accounts unpaid thirty days after the invoice date will be subject to a monthly service charge of one and one-half
percent per month(eighteen percent per annum)on the unpaid balance. If invoices are not paid within sixty days;Coastal Systems may.
without waiving any claim or right against the Client and without liability whatsoever to the Client,terminate the performance of the
services.In the event any portion or all of an account remains unpaid ninety days after billing,the Client shall pair all costs of collection.
including reasonable attorney's fees. By executing this Agreement. the Client represents that he has the legal:rights and authority to
engage Coastal Systems to perform the requested services and agrees that these services are covered under F.S.713.03.Non-payment of
invoices for services may result in a lien being placed on the subject property.
Limit of Liability: To the fullest extent permitted by law, the total liability, in the aggregate. of Design Professional and Design
Professional's officers,directors.employees. agents.and consultants to Client and anyone claiming by,through or under Client,for any
and all injuries,claims, losses,expenses,or damages whatsoever arising out of or in any way related to Design Professional's services.
the Project or this Agreement. from any cause or causes whatsoever, including but not limited to. negligence, strict liability, breach of
contract or breach of warranty shall not exceed the total compensation received by Design Professional under this[Ageement,or the total
amount of$50,000.whichever is greater.
Indemnification:The Client shall indemnify and hold harmless Coastal Systems and all of its personnel and sub-consultants from and
against any and all claims, damages. losses and expenses (including reasonable attorney's fees) arising out of or resulting from the
performance of the services, provided that any such claim,damage, loss or expense is caused in whole or in pan by the negligent act
omission,and/or strict liability of the Client,anyone directly or indirectly employed by the Client(except Coastal Systems).or anyone
whose acts may be liable.
Consequential Damages:Neither the Client nor Coastal Systems shall be liable to the other or shall make any claim for any incidental.
indirect or consequential damages arising out of or connected in any way to the Project or this Agreement. This mutual waiver includes.
but is not limited to.damages related to loss of use,loss of profits.loss of income,loss of reputation,unrealized savings or diminution of
property value and shall apply to any cause of action including negligence,strict liability,breach of contract and breach of warranty.
Termination of Senices/Assignment:Either party may at any time,upon seven(7)days written notice to the other party,terminate this
Agreement. In the event of any termination,the Client will pay Coastal Systems for all services rendered and costs incurred through the
effective date of termination.plus reasonable costs for administration of the termination.Neither party shall assign its rights,interests,or
obligations under this Agreement without the written consent of the other party.
Standard of Care/Certifications: The standard of care for all professional consulting services performed jr furnished by Coastal
Systems under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar
circumstances at the same time and in the same locality.Coastal Systems makes no warranties,express or implied,under this Aereement
or otherwise,in connection with the services provided.Coastal Systems shall not be required to sign any documehs.no matter by whom
requested.that would result in Coastal System's having to certify,guaranty.or warrant the existence of conditions that Coastal Systems
cannot ascertain.Coastal Systems shall not,in connection with any such assignment by the Client,be required to execute any documents
that in any way might.in the sole judgment of Coastal Systems,increase Coastal System's contractual or legal obligations or risks,or the
availability or costs of its professional or general liability insurance.
Issuance of Permits:Coastal Systems may provide services to process applications for various permits for the project.Coastal Systems
does not guarantee a permit will be issued.The Standard of Care referenced above will be applied to permit processing.Once a permit is
issued.Coastal Systems will provide the Client with the original permit. The Client is responsible for tracking permit expiration dates
relative to the overall project schedule.
Ownership of Documents: All documents produced by Coastal Systems under this Agreement shall be made available to the Client
upon receipt of full payment for services rendered.Coastal Systems shall retain ownership of all notes and project files used to produce
the work products and may make copies of all work products. The Client agrees to waive any and all claims against Coastal Systems and
to defend,indemnify and hold Coastal Systems harmless from and against any and all claims,losses.liabilities and damages arising out
of or resulting from the unauthorized use,reuse or alteration of Coastal Systems work product.including notes and project files.'
Controlling law:This Agreement is to be governed by and interpreted according to the laws of the State of Florida.In the event legal
action is taken to enforce any provision of this Ageement.the venue will be a court of competent jurisdiction in Miami-Dade Count.
Florida
www.coastalsystemsinI.com
3/132015 Item Coversteet
C vNNr isze
µ TS City of Sunny Isles Beach
�c°. ; 18070 Collins Avenue
3_r = Sunny Isles Beach, Florida 33160
i e'L1-, o' . (305)947-0606 City Hall
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MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 3/19/2015
Agreement with Coastal Systems International,' Inc. for
RE: Consulting Engineering and Environmental Services
Relative to Beach Management
RECOMMENDATION:
Attached for your consideration is a Resolution approving an
Agreement with Coastal Systems International, Inc.
•
REASONS:
On June 19, 2008 via Resolution No. 2008-1279 the City Commission
approved an Agreement with Coastal Systems International, Inc., to
prepare a comprehensive Phase I Shoreline Stabilization Study
Report that evaluated coastal processes along the 2.5 miles of the
City. The Report dated 2009 was prepared based on pre-2008 survey
data, and it provided some recommendations for beach management
and shoreline stabilization.
The City now wishes to have an updated and expanded study of
Beach Erosion Mitigation Techniques conducted by Coastal Systems
International, Inc. Coastal Systems International has agreed to
undertake this project and has submitted a proposal for services in an
amount of $35,000.00.
ATTACHMENTS:
Description
ratpl/simyisles.nov sagada.caniCoverSteet.aspx?Item ID=1588 12
3/132015 Item Coversheet
Resolution
Agreement
Item Number: 10.D.
t J/strripsles.nov<sagendacom/CovaSheet.aspx?Item ID=1588 2/2