HomeMy WebLinkAboutM. T. Causeley Supplemental Services, LLC
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
M"T. CAUSLEY SUPPLEMENTAL SERVICES, LLC.
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 M.T. Causley Supplemental Services, a Limited Liability Company
(LLC), located at 97 N.E. 15th Street, Homestead, FL 33030, 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
under 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 Distriqt 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 jurisdictron 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:
Michael T. Causley, President
M.T. Causley Supplemental Services, LLC
97 N.E. 15th Street
Homestead, FL 33030
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 undersign 0 icials as duly authorized this
day.
Attest
f)J;atP~
CITY CLERK
cRJbert'Parcber
David Dermer
Attest
CONSULTANT
M.T. CAUSLEY SUPPLEMENTAL
SERVICES, LLC.
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N/~.t.~/ 'T C/Jo/sk,
Print Name v
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
7
SCHEDULE" A"
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND M.T. CAUSLEY SUPPLEMENTAL SERVICES, LLC.
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 M.T. CAUSLEY SUPPLEMENTAL
LIST OF PROFESSIONALS REQUIRED FOR INSPECTION SERVICES
CERTIFIED BILLING HOURLY RATES
(Applicable personnel only)
14 ) Structural Plans Examiner
$ 70.00
$ 72.50
$ 70.00
$ 70.00
$ 69.00
$ 69.00
$ 69.00
$ 69.00
$ 69.00
$ 69.00
$ 1 00. 00
$ 1 00 . 00
$ 70.00
$130.00
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
CONSULTANT
ATTEST:
(Name of Corporation)
~~
M.T. Causley, Inc.
BY:~~
'(Corporate Seal)
Michael T. Causl~ /President
(Print Name and Title)
-4 day of _ January
, 20 "b .
We ore committed to providing excellent public service and safety to 011 who live, work, and ploy In our vibrant, tropical, histolic community,
SCHEDULE "C"
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND M.T. CAUSLEY SUPPLEMENTAL SERVICES, LLC.
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.
. -'/
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Signature of endor
~1.r (>.}t.(~1y fj~ .
Vendor '
(Please attach Insurance Certificate following this page)
10
ACAp r. 26. 2006~ 3: 03P Ie Hi 1 b Roga 1 & HobbBILITY INSURANCE o. jT ~ii~)
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201 Alhambra Clrcll, .1100 ALTER THE COVERAGE AFFORDED BY THE POUClESIELOW.
POBox 141308
C' . Gabl.., FL 39114-1908 INSURERI AFFORDING COVERAGE NAlC.
IN'~. ...1) IN$UR&RA: TranaDOrt8tlon Inaurance Companll.
M.T. Caualey, Ino. INSURER I: Contlnlntal Ca.ualty
87 N.E. 18th St. INSURER c: Valley Forge Insurance Co.
Home.t..d, FL 33030 INSUI'lER D: Contln.ntal Casualty
INSUReR E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMeD ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
~Y REQUIREMENT, TERM OR CONDITION OF ~V CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
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1700 Convention Center Drive
Miami &e.oh. FL 33138
CANCEL.LAnON
.MOULD AWt OF ntli ABOVE ~CAl.D ,oucla H CANCI!LLID III'ORI ntlllCPlRATION
DATI THlRIOF. THlIIIUlNG INIURER WILL ENDEAVOR TO MAIL ....10.. DAYS WIVrTIN
Nemel! 10 THI! CI!JmI'lCATI! HDUlI!R NOI!D TO THI! LEFT'. BUT lWLURl TO DO to SHAlt.
IMI'OII NO OIIUGAnON OR UAIIUTV OF Nft ICIND UPON THE INlURIR,ITI AGENT8 OR
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AUntOIUZI!D RIP
fJ:ORD 21 (2001108) 1 of 2
.874809/M73787
Apr.26. 2006- 3:03P~Hilb Rogal & Hobbs
No. 531S-P. 3/3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(iss) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such sndoreement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaIn pollcles may
requIre an endorsement. A statement on this certificate does net confer rights to the certificate
holder In lieu of such endoreement(s).
DISCLAIMER
The Certificate of Insurence on the reverse side of this form does not constitute a contract between
the issuing Insurer(s), authorized representative or prDducer, and the certificate holder, nor does It
affirmatively or negatively amend, extend or alter the coverage afforded by the policIes listed thereon.
'COM'" (2001108) 2 of 2
A74808/M73787