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HomeMy WebLinkAboutSiddiq Khan & Associates, Inc. /00 _r.;__ ;2(, () s-:<.. /ellS )I'- C ~/13 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND SIDDIQ KHAN & ASSOCIATES, INC. FOR RFQ-22-04/05 - PROFESSIONAL BUILDING INSPECTION AND PLANS REVIEW SERVICES IN VARIOUS DISCIPLINES ON AN "AS-NEEDED BASIS" FOR THE CITY OF MIAMI BEACH BUILDING DEPARTMENT CITY CLERK DECEMBER 2005 1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement is entered into this December 7. 2005, between Siddiq Khan & Associates, Inc., located at 7400 S.W. 50th Terrace, Suite 105, Miami, FL 33155, hereinafter referred to as the "Consultant", and the City of Miami Beach, Florida, a municipal corporation, located at 1700 Convention Center Drive, Miami Beach, Florida 33139, hereinafter referred to as the "City". A. TERM OF PROFESSIONAL SERVICES AGREEMENT The initial term of this Agreement shall be for two (2) years commencing on December 7, 2005. and ending on December 7. 2007, with two (2) one-year renewal options, at the City's sole option and discretion. B. SCOPE OF SERVICES The Consultant will provide building, accessibility, elevator, structural, roofing, plumbing, electrical or mechanical inspection and plans review services, as outlined in the Florida Building Code, and as referenced herein on an "as- needed basis, as required and requested by the City. The Consultant shall be issued Service Orders by the City of Miami Beach Building Department Director as the need for such services arises. The Service Order shall cover in detail the scope, time for completion, and the compensation for the work to be accomplished. No services under the Agreement shall be performed by the Consultant prior to the receipt of an appropriate Service Order. Contractor and any of contractor's personnel proposed for performing services und~r the terms of this Agreement (whether an employee, sub-consultant, or agent of Contractor) shall meet the Minimum Qualifications, as set forth below, for Building Inspector; Roofing Inspector; Electrical Inspector; Plumbing Inspector; Mechanical Inspector; Building Plans Examiner; Electrical Plans Examiner; Plumbing Plans Examiner; Mechanical Plans Examiner; and Structural Plans Examiner; and in accordance with the Florida Statutes and the Code of the Miami-Dade County. The Minimum Qualifications of the personnel assigned, and the tasks to be performed are as follows: 1) Minimum Qualifications: Any individual performing plans review or inspection pursuant to this Agreement shall meet the requirements of Chapter 8, Section 21 of the Code of the Miami - Dade County. The professional license and certifications required herein must be current and in good standing with the Florida Department of Business and Professional Regulation and Miami-Dade County with no pending complaints. 2 2) Tasks: . Conduct technical field inspections of buildings, equipment and installations during various phases of construction, installation and operation and grant inspection approvals, if found in compliance with applicable codes and regulations; or provide written comments, if found not in compliance with applicable codes and regulations. . Review building, accessibility, elevator, structural, roofing, plumbing, electrical or mechanical installation plans, specifications and materials listed for residential and commercial projects, and grant approvals, if found in compliance with applicable codes and regulations, and provide written comments, if found not in compliance with applicable codes and regulations. . Evaluate alternate methods, procedures, materials and products for compliance with the South Florida Building Code or the Florida Building Code requirements, whichever is applicable, depending on the date of the application or construction. . Approve or disapprove proposed plans in accordance with the applicable code and other regulatory requirements and discuss disapproved items with architects, engineers, contractors and/or owner builders to obtain plan changes necessary for approval. . Render information concerning the applicable code and make interpretations of its contents. Make decisions as to the feasibility of deviations from the code under various conditions. . Perform other related work as required by the City. C. COMPENSATION The Consultant shall provide the City with monthly invoices for orders received and completed. The total hours charged for review of each project shall be in accordance with Schedule 'B' (Hourly Rates) of this Agreement, which hourly rates have been approved by the City and the Consultant. The City may request additional services, and if any are so requested, they shall be agreed upon by both parties hereto, prior to commencement of same, through a written amendment to this Agreement. 3 D. DESIGNATION OF DUTIES The Consultant shall receive requests for services to be performed from the Building Department Director/Official. E. CONFIDENTIALITY Subject to applicable Florida law, the Consultant shall not disclose, publish or authorize others to publish specifications, reports or other information pertaining to the work assigned to the Consultant by the City without the prior written consent of the City. Upon the expiration or termination of this Agreement, the Consultant shall return all reports, specifications, data and other material obtained by the Consultant from the City in connection with the performance of this Agreement, and Consultant's obligation to do same shall be a condition precedent to City's obligation to make any outstanding and/or final payment which may be due Consultant under the Agreement. F. WARRANTY The Consultant warrants and represents that all of its duties, services and responsibilities under this Agreement shall be performed in accordance with the standard of care normally exercised by consultants performing similar services as those contemplated herein. In addition, Consultant warrants and represents that it is experienced and fully qualified to perform the Scope of Services and tasks contemplated by this Agreement, and that it is properly licensed pursuant to applicable laws, rules and regulations to perform such services. G. TERMINATION This Agreement may be terminated for convenience of either party by giving written notice to the other party of such termination, which shall become effective five (5) days following receipt by the other party of the written termination notice. In the event of such termination for convenience by the City, Consultant shall be paid a sum equal to all payments due to it up to the date of termination of Agreement, provided Consultant is continuing to provide all services up to the date of termination, and further that Consultant has complied with the return of all materials pursuant to Paragraph E. H. MISCELLANEOUS 1. It is the mutual intent of the parties that the Consultant shall act strictly in a professional consultant capacity as an independent contractor for all purposes and situations and shall not be considered an agent or employee of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City or any rights generally afforded classified or unclassified employees. Further, it shall not be deemed entitled to Florida Worker's Compensation benefit as an employee of the City, or accumulations of sick leave. 4 2. In consideration of a separate and specific consideration of $10.00 and other good and valuable consideration the receipt of which is hereby acknowledged, the Consultant hereby agrees to indemnify, defend and hold the City and its employees, agents and authorized representatives harmless with respect to any and all costs, claims, damages, and liability which may arise out of the performance of this Agreement as a result of any negligent acts, errors or omissions of the Consultant, the Consultant's subconsultants, or any other person or entity under the direction or control of the Consultant. 3. This Agreement may only be amended upon the consent of both parties, as evidenced by an authorized amendment, in writing, executed by both parties. 4. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. I. NO CONFLICTS Consultant, its subconsultants, and any and all subsidiaries and personnel of the Consultant and its subconsultants shall not be eligible for any design or construction contracts within the City of Miami Beach's jurisdiction that would be in direct or indirect conflict with services being performed under this Agreement. Subsequent to the execution of this Agreement, Consultant, its subconsultants, and the subsidiaries and personnel of the consultant and its subconsultants shall not propose on, bid for, or otherwise compete for or participate in any contracts for design or construction projects within the City of Miami Beach jurisdiction. Consultant, its subconsultants, and the subsidiaries and personnel of the Consultant and its subconsultants shall not participate in or receive any financial or other benefits, in any manner whatsoever, from any of the design or construction contracts that will be processed by the City in connection with the services required under this Agreement. Consultant, its subconsultants, and the subsidiaries and personnel of the Consultant and its subconsultants shall not be engaged or perform services where a conflict of interest exists, such as being associated with the sale or promotion of equipment or material which may be used for services under this Agreement; the sale or lease of land around the projects being processed under this Agreement which is to be acquired by the City; or participation in design or construction services contracts that are being processed under the services of this Agreement. 5 In addition, Consultant, its subconsultants, and the subsidiaries and personnel of the Consultant and its subconsultants shall not be engaged in or perform any legal or other services in connection with or in any way related to any project being assigned under this Agreement. Consultant, its subconsultants, and the subsidiaries and personnel of the Consultant and its subconsultants shall not serve as an adverse or hostile witness against the City in any legal or administrative proceeding of whatsoever nature or subject matter related to the services rendered under this Agreement, nor shall any of them give sworn testimony or issue a report or writing, as an expression of opinion, which is adverse or prejudicial to the interest of the City of Miami Beach in any pending or threatened legal or administrative proceeding of whatsoever nature or subject matter related to the services being provided to the City through this Agreement. The limitations of this paragraph shall not preclude any such party from testifying truthfully in pursuing its rights against the City, or representing itself as a defendant in any action or in any administrative or legal proceeding, or from complying with a subpoena, or from testifying truthfully if subpoenaed. Consultant, its subconsultants, and the subsidiaries and personnel of the Consultant and its subconsultants shall not solicit or accept compensation, work, a promise for future compensation or work, or other consideration in exchange for Consultant's or subconsultant's recommendation for the City's award of a professional services agreement, construction contract, equipment or materials contract. Consultant shall include the foregoing provisions in all agreements between the Consultant and its subconsultants. J. NOTICES All notices under the term of this Agreement shall be sent to the following: To Consultant: M. Siddiq Khan, President Siddiq Khan & Associates, Inc. 7400 S.W. 50th Terrace, Suite 105 Miami, FL 33155 To City: Thomas Velazquez, Building Director Building Department City of Miami Beach 1700 Convention Center Drive, 2nd Floor Miami Beach, Florida 33139 6 IN WITNESS WHEREOF, the parties have caused this Professional Services Agreement to be executed by their undersigned officials as duly authorized this day. Attest o MIAMI BEACH Robert Parcher MAYOR David Dermer " ~\t~,~ /,~,'~;';~.~'''.\.. . '.'..'-"..~ ;... ~, '.~; . '~."-0 ~ '. :; :~. Secretary CONSULTANT SIDDIQ KHAN & ASSOCIATES, INC. ~~~' Signature/President rl < r::i>b /~ r: ff-A ~ Print Name APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ .j >1I(} . . AItomeV~ ~ 7 SCHEDULE" A" PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SIDDIQ KHAN & ASSOCIATES, INC. CONSULTANT SERVICE ORDER Service Order No. for Inspection & Plans Review Services TO: DATE: Pursuant to the Agreement between the City of Miami Beach and the above named firm for: PROFESSIONAL BUILDING INSPECTION AND PLANS REVIEW SERVICES IN VARIOUS DISCIPLINES ON AN "AS-NEEDED BASIS" FOR THE CITY OF MIAMI BEACH BUILDING DEPARTMENT SCOPE OF SERVICES: Discipline Type of Work Hours Rate Amount City's Project Coordinator Consultant 8 SCHEDULE B PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SIDDIQ KHAN & ASSOCIATES, INC. LIST OF PROFESSIONALS REQUIRED FOR INSPECTION SERVICES CERTIFIED BILLING HOURLY RATES (Applicable personnel only) 1) Building Inspector 2) Building Plans Examiner 3) Accessibility Inspector 4) Accessibility Plans Examiner 5) Electrical Inspector 6) Electrical Plans Examiner 7) Mechanical Inspector 8) Mechanical Plans Examiner 9) Plumbing Inspector 10)Plumbing Plans Examiner 11 ) Elevator Inspector 12)Elevator Plans Examiner 13)Roofing Inspector 14 )Structural Plans Examiner CONSULTANT 1!1J! day of O'lJt ,20~. \/\/e OI(? :.:ortlrnitted to providing excelfen~ public: service Gnd .~oferv to all \vho '/v()jk, ond plOY our ;/,brant, tropical, hl.storlc community. SCHEDULE"C" PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SIDDIQ KHAN & ASSOCIATES, INC. xxx 1. XXX 2. XXX3. XXX 5. XXX? XXX 8. XXX 9. INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limits of liability ~ 1,000.000.00 per occurrence for bodily injury property damage to include Premisesl Operations; Products. Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications ). Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ coverages. . 00 per occurrence to follow the primary The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond XXX Professional Liability $1.000.000 .00 .00 .00 .00 .00 .00 $ $ $ $ $ Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements under this contract, and that evidence of this, insurance is required before any work is performed for the City of Miami Beach. S;Jj~ tb ~ A,.,~. fkt . ~~"--- Vend Signature f Vendor (Please attach Insurance Certificate following this page) 10