HomeMy WebLinkAboutCapri Engineering Agreement
'J f!)& S- - (? ~ OJ-;;2.
/?I;k~- - c 113
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
CAPRI ENGINEERING
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
"
;2 00 s- - ;Z 0 0 -S-:z
1?/7)--1-- C ,/3
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement is entered into this December 7. 2005.
between Capri Engineering, a Limited Liability Company (LLC), located at 1011
Shotgun Road, Sunrise, FL 33326, 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 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:
Gary H. Elzweig, CEO
Capri Engineering LLC
1011 Shotgun Road
Sunrise, FL 33326
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 c sed this Professional Services
Agreement to be executed by their undersigne offi ials as duly authorized this
day. /
Attest
~rf.
CITY CLERK
Robert Parcher
Attest
j AA~r~ R~
Secretary
F, IAMIBEACH
MAYOR
David Dermer
~,f,
APPROVED AS TO
FORM & LANGUAGE
FO CUTION
g l~ lu~
lr.... Date
7
SCHEDULE "A"
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CAPRI ENGINEERING
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 CAPRI ENGINEERING
LIST OF PROFESSIONALS REQUIRED FOR INSPECTION SERVICES
CERTIFIED BILLING HOURLY RATES
(Applicable personnel only)
1) Building Inspector $ as/Hour
2) Building Plans Examiner $ 90/Hour ~
3) Accessibility Inspector $ as/Hour
4) Accessibility Plans Examiner $ as/Hour
5) Electrical Inspector $ as/Hour
6) Electrical Plans Examiner $ 90/Hour
7) Mechanical Inspector $ 8S/Hour
8) Mechanical Plans Examiner $ 90/Hour
9) Plumbing Inspector $ as/Hour
10)Plumbing Plans Examiner $ 90/Hour
11 ) Elevator Inspector $ 9S/Hour
12)Elevator Plans Examiner $ 9S/Hour
13)Roofinglnspector $ 95/Hour
14 )Structural Plans Examiner
By:
Gary H. Elzweig, P.E.,CEO
(Print Name and Title)
(Corporate Seal)
IIWldaYof~.2ofu.
We ore commi'lP.d 10 oroyiding excellent publiC service ond solety /0 011 who liye, work, ond ploy in our Yibront, lropicol, hisloric commvnity.
" .
SCHEDULE "C"
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CAPRI ENGINEERING
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 i
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
$
$
$
$
$
.00
.00
.00
.00
.00
xxx Professional Liability
$1.000.000 .00
Thirty (30) days written cancellation notice required.
Best's guide rating B+:VI or better, latest edition.
VENDOR AND INSURANCE AGENT STATEMENT:
The certificate must state the Quote number and title
We understand the Insurance Requirements under
this insurance is required before any work is pertor
rl 'u ~ (1 LlC
(Please attach Insurance Celtificate following this page)
10
, .
ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DA Tl! (IIIIIIDDIYYYY)
08/22/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Jason T. Brown ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Bateman,Gordon & Sands, Inc ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
P.O. Box 1270
Pompano Beach, FL 33061 INSURERS AFFORDING COVERAGE NAIC ##
INSURED INSURER A: Valley Forge Ins Co. 20508
Capri Engineering LLC & INSURER B: Continental Casualty Company 20443
Columbia Engineering, LLC INSURER C:
1007-1011 Shotgun Road INSURER D:
Sunrise, FL 33326 INSURER E:
Clienttl. 53739
CAPEN1
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmoNS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.._ TYPE OF INSURANCE POlICY NUMBER POlICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE
A X ~ERAL UABlUTY C2058097778 10/22/05 10/22106 EACH OCCURRENCE $1 000.000
lL 5MERCIAl GENERAL LIABILITY DAMAGE TO RENTED $100 000
- ClAIMS MADE [!] OCCUR MED EXP (Anyone person) $5 000
lL Contractual PERSONAl & ADV INJURY $1 000 000
- GENERAL AGGREGATE $2.000.000
~'lAGGREn ~~ nS PER: PRODUCTS - COMP/OP AGG $2.000.000
POLICY :'ECT LOC
A X ~OMOBILE UABIUTY C2066375281 10/22/05 10/22/06 COMBINED SINGLE LIMIT
!.. ANf AUTO (Ea accidant) $1,000,000
I-- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
I--
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accidant)
PROPERTY DAMAGE $
(Per accidant)
=fGE UABHJTY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUIIBRELLA UABlUTY EACH OCCURRENCE $
:::1 OCCUR 0 CLAIMS MADE AGGREGATE $
$
==i DEDUCTIBLE $
RETENTION $ $
A WORKERS COIIIPENSATION AND WC266375068 10/22/05 10/22/06 X I WC STATU- I IO~
EMPLOYERS' UABlUTY $1.000,000
ANf PROPRlETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT
OFFICERlMEMBER EXClUDED? E.L DISEASE - EA EMPLOYEE $1.000,000
It yes, describe under $1,000,000
SPECIAl PROVISIONS below E.L. DISEASE - POLICY LIMIT
B OTHER Professional MCA254037599 10/22/05 10/22/06 $2,000,000 ea claim
Liability $4,000,000 aggregate
$150,000 ded
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXClUSIONS ADOED BY ENOOR8EIIENT I SPECIAL PROVISIONS
Holder captioned below Is an additional Insured for general
liability and automobile liability coverages only as their Interest may
appear for the work perfonned by the insured.
Professional liability Policy includes 5 year tall option.
Fax '# (305) 673-7851
CERTIFICATE HOLDER
CANCELLATION
.
SHOULD MY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
City of Miami Beach DATE THEREOF. THE ISS\JlNG INSURER WILL ENDEAVOR TO MAIL .....3fL DAYS ~
1700 Convention Center Dr. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAlWRE TO DO so SHALL
Miami Beach, FL 33139 "POSE NO OBUGATION OR UABlUTY OF MY KIND UPON THE 1ilSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED RE1)SENTATIVE
).... - -- ,'"
ACORD 25 (2001108) 1 of 2
#S1732821M164060
MT1
& ACORD CORPORATION 1988