HomeMy WebLinkAboutSEOPW-CRA-R-00-00611
RESOLUTION NO. SEOPW/CRA R-00-61
A RESOLUTION I) AUTHORIZING THE COMMUNITY
REDEVELOPMENT AGENCY (THE "CRA") TO ENTER
INTO A CONTRACT WITH C.A.P. ENGINEERING
CONSULTANT, INC., A FLORIDA CORPORATION
("CAP"), AN ENGINEERING FIRM ON THE CITY OF
MIAMI'S APPROVED LIST, TO PROVIDE
ENGINEERING SERVICES WITH RESPECT TO THE
CONSTRUCTION ON PARCELS P-1, P-5, AND P-7
WITHIN THE REDEVELOPMENT AREA (THE
"CRA/CAP CONTRACT"), ON THE SAME TERMS AND
CONDITIONS AS CONTAINED IN THAT CERTAIN
PROFESSIONAL SERVICES AGREEMENT
(ARCHITECTURAL ENGINEERING SERVICES), DATED
DECEMBER 6, 1999, BY AND BETWEEN THE CITY OF
MIAMI AND CAP (THE "CITY/CAP CONTRACT"),
WHICH CITY/CAP CONTRACT IS ATTACHED AS
EXHIBIT "A' HERETO AND MADE A PART HEREOF,
AT A TOTAL COST NOT TO EXCEED $40,000.00,
SUBJECT TO THE AVAILABILITY OF GENERAL
FUNDS FROM ACCOUNT NO. 689004.055011.4.193,
AND II) AUTHORIZING THE DIRECTOR OF
OPERATIONS, ADMINISTRATION AND
DEVELOPMENT (THE "DIRECTOR") TO EXECUTE THE
CRA/CAP CONTRACT ON BEHALF OF THE CRA.
WHEREAS, the City of Miami approved and adopted the Southeast
Overtown/Park West Community Redevelopment Plan pursuant to
Resolution Nos. 82-755 and 85-1247 (the "Redevelopment Plan"); and
WHEREAS, the CRA is responsible for carrying out community
redevelopment activities and projects in the Southeast Overtown/Park West
Redevelopment Area (the "Redevelopment Area") established pursuant to the
Redevelopment Plan; and
WHEREAS, the CRA desires to enter into the CRA/CAP Contract for
engineering services to be provided by CAP with respect to the construction
on Parcels P-1, P-5, and P-7 within the Redevelopment Area, on the same
terms as containe44n-the_-City/CAP Contract.
i SF.OPW,CRA '} �+
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to
this Resolution are incorporated herein as if fully set forth in this Section.
Section 2. The CRA is hereby authorized to i) enter into the
CRA/CAP Contract for engineering services to be provided by CAP with
respect to the construction on Parcels P-1, P-5, and P-7 within the
Redevelopment Area, on the same terms as the City/CAP Contract attached
as Exhibit A, at a total cost not to exceed $40,000.00, subject to the
availability of general funds from account number 689004.055011.4.193, and
ii) direct the Director to execute the CRA/CAP Contract on behalf of the CRA.
Section 3. The resolution shall be effective upon its adoption.
PASSED AND ADOPTED on this 26th day of June, 2000.
APPROVED AS TO FORM
AND CORRECTNESS:
Ov)? A p,�
Holland & Knight LLP
CRA Legal Counsel
MIA1 #946270 v2
Arthur E. Teele, Jr., Chairman
K
SE()PW/CRA
PROFESSIONAL SERVICES AGREEMENT
[Architectural Engineering Services]
er�
This Agreement entered into this A day of Pecernh
1999, by and between the City of Miami, a Municipal
Corporation of L he State of Florida, (the "CITY''),
and
C.A.P. Engineering Consultant, T.nc., a State of Florida
Corporation, (the —PRINCIPAL") .
WHEREAS, the CITY has scheduled a substantial. number of
Projects for fiscal years 1999, 2000 and 2001 (the
Projects") that require professional architectural
engineering services; and
WHEREAS, the Commission of the City Of Miami, by
Resolution No. 99-708 adopted on September 28, 1999,
approved the selection of two (2) Architectural/Engineering
firms to provide architectural/engineering services for the
Projects and authorized the City Manager to negotiate the
terms of and execute agrecmcntFs with said firms for the
provision of the services; and
WHEREAS, the PRINCIPAL is one of the firms selected to
provide architectural engineering services and tb e PRINCIPAL
and the CITY wish to execute this Agreement to set forth the
terms and conditions of the engagement.
SF0PWJC -
NOW, THEREFORE, in considerat_on of the -tutual
covenants set forth herein, the C1,fY and the PRINCIPAL agree
as follows:
MUS
1. ReCitals. The recitals and all statements contained
therein are hereby incorporated into and made a part of
this Agreement.
2. Term. The term of this Agreement shall be two (2) years,
commencing on the date hereof and ending two (2) years
thereafter (the " Expiration DaLe- ''), subject, however, to
the provisions of Section 12 hereof- The cl,rY has the
right to extend the term hereof for an additional. period
of one (1) year Subject to approval by the City Manager.
In the event the PRINCIPAL is engaged in any PROJECT(S)
on the above date, this AGRCEMENT shall remain i.1-1 effect
until completion or termination of said PROJECT(S). No
new orders will be issued after above date.
3 - ,S11hiPrr Mar`.Pr. This Agreement_ nets forth the terms and
conditions pursuant to which the CITY may request, and
PRINCIPAL shall provide, the Services, as defined in
Section 4 and S below, for one or more Projects. No
,pecif i.c Project* is designated uridcr this Agreement. The
Project and the specific details of the Services required
Lc-) be performed by the PRINCIPAL shall be described ill u
NAD:WJ41-F7.•J•ArchEng.CAP 2
work order to be issued by the CITY in accordance with
Section S.B hereof.
4. j�Pfinitic�ns.
A. PRQ TZCT - means the review of blueprints, construction
drawings and specifications to determine if documents
and materials submitted conform to state and local
saws, codes, ordinances and regulations or other
related professional services requested by the CITY-
B. fig, means Services to be rendered or provided by
the PRINCIPAL for the PROJECT.
C. RPRVTC'FS - means the Services described herein, to be
performed by the PRINCIPAL under this Agreement.
D. p3DjFCMMANAGER - means the Director of the Department
of Buildiily and Zoning or his/her designee.
5 4'e CP4.
A. c•onPral
i.. At the CITY' s request, made in accordance with Sub -
Section B below, PRINCIPAL shall perform the
Services as described lierein (the "Work'') . The
Services may include but noL be limited to t:he
services outlined in this section and services that
may hP required in connection with a Projcct. The
Work shall be- performed with all applicable
dispatch, in a sound, economical, of f ic.i.eaL and
professional manner and within the time and the
manner required in the Work Order.
AAB:W34J-sz.7-ACC1xEng
ii. The PRINCIPAL shall perform the Work under the
direction of, and in close coordination with, the
Project Manager. The PRINCIPAL shall provide all
professional and technical services comprising the
Work and shall be fully responsible for all the
professional and technical aspects thereof. The
CITY's review and approval of the Work will relate
only to overall compliance with the general.
requirements of. the Project and whenever the term
approval by the CITY" o3: like term is used in this
Agreement, the phraseology shall in no way relieve
the PRINCIPAL from any duties or responsib-illLies
under the terms of this Agreement or from using the
best. professional architectural/engineering
practices.
iii. The PRINCIPAL shall, in the performance of the
Work, comply with all Federal, State and Local
codes, ordinance and regulations, pertaining to the
Project, including, without limiting the qenerality
of the foregoing, the Federal Wage -Hour Law, Walsh -
Healy Act, The Occupational Safety and Health Act,
The National Environmental Policy Act and Equal
Employment opportunity Legislation.
iv. In the performance of the Work, the PRINCIPAL
agrees to:
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F,AB:47343 s2J•l+schEny.cAP 4
a. Strive to complete the Work within the time
allowed by maintaining az1 adequate al.aff of
qualified employees on the Work at all times.
b. Be Fully responsible for the processional and
--= technical services required to be rendered in the
performance of the Work.
c. Cooperate fully with the CITY in order that all
phases of the Work may be properly scheduled,
coordinated, and executed.
d. Report the status of the Project to the Project
Manager upon request or as required by this
Agreement, and maintain all notes, calculations,
and elated work open to inspection by the CITY,
at all times during the term hereof.
e . Promptly deliver to the Project Manager copies of
minutes of all relevant meetings relating to the
Project at which PRTNC'T.PAL is present.
f. Be available for general consultation and advice
at all times during the term of the Project.
g .cP4 .
i. Exc:epL in emergency situations, all requests for
Services shall be made by a written Request For
Services ("RFS" ) issued by the Project Manager. In
case of emergency, the CITY may is.,,ue a verbal RFS
to be followed by a written RFS (or, after approval,
by a work Order) and a Notice to Proceed, as goon as
practicable thereafter. The RFS shall describe the
nrn:wia.z-sZJ ArctEnq.cAa 5 SEOPW,/CRA-. t —
i
Project and each section of the Work to be performed
by the PRINCIPAL and trier: time schedule in which the
Work must be completed.
ii. Upon receipt of the RFS, the PRINCIPAL shall make
arrangements to meet with the Project Manager and a
meeting shall be held within ten (10) days following
receipt of the RFS, to discuss tile, esLitnated amount
of compensation, and the schedule and scope of the
Work. All formats for the Work are to be as
presently used by the City of Miami Building and
Zoning Department and/or the Public Works
Department, unless otherwise directed by the Project
Manager. This i.s to include but not be limited to
plarls, specifications and coritfact documents.
iii. Subsequent to the. meeting, the PRINCIPAL shall
submit to the CITY a proposal at no cost to the
CITY. If CITY and PRINCIPAL agree on the amount of
compensation and the schedule and time for
completion of the Work, Lheri tlic Project Manager
shall issue a Work order and Notice to Proceed.
iv. The Services to be rendered by the PRINCIPAL for
the, Project shall commence within twenty-four ( 24 )
hours upon receipt of the Notice to Proceed and
within the time agreed upon as
shall. be completed
shown in the Work Order. When a PROJECT has a
deadline daLe, and time is of r.he essence 'the CITY
small advise the PRINCIPAL and completion time shall
AARrWid;-g7.J. ArchEnq.CAY S EOPW/eR. Of)-
y- 61
be agreed upon. A reasonable extension of the work
time will be granted in the everit there is a delay
on the part of the CITY in fulfilling part of the
AGREEMENT as stated herein or because of weather,
civil disturbance, or other reasons beyond the
control of the PRINCIPAL.
v. PRINCIPAL understands and agrees that failure to
comply with the foregoing provisions within the time
required herein may result -in the Project being
awarded to another firm.
6. C'i ty Services and RecT,nnRi hi i ti es: The CITY agrees to
make available to the PRINCIPAL any and all plats,
drawings, records, plans and other data in CITY's
possession pertaining to tie Work to be performed for the
Project_
7 k --rhe PRINCIPAL may be required to provide
architectural mechanical, electrical, and structural
engineering. These services may include, but may not be
limited to: review blueprints, construction drawing and
Specifications
to determine whether plans,
specifications, workmanship and materials submitted
conform to local and stare codes and legally established
requirements; approve blueprints, plans and sketches
prior to issuance of permito (buildings, electrical,
plumbing, mechanical) and discuss requirements of plans
with ecigineers, contractors, builders or owners; make
corrections to plans and return them for resubmission,
T,AB:W343 .:;Z.T-ArchFn,4. AP 7 SEOPt)V/C 0 G i
when required; process walk-throughs for commercial and
residential projects, assist the public, contractors,
architects, engineers, and homeowners with plans review
and code interpretation; provide inspection services for
buildings, electrical, plumbing and mechanical, en=orcing
the South Florida Building Code; and -any other
miscellaneous tasks as may be required.
and nr=w; n azs ; The
CITY agrees that within thirty (30) days after delivery
to approve, reject, or return with ind.i.cated suggested
revisions or recommendations, all field notes, drawings,
calculations, rcports or other written comm ur_'_cat ions
submitted by the PRINCIPAL, to the CITY for approval.
Such approval, revisions or recommendations by zhe CITY
shall not relieve the PRINCIPAL of its responsibility .for
the WORK. Any errors noted in the calculations or
drawings submitted by the PRINCIPAL will be corrected at
no additional cost to the CITY. All certified plans and
other final drawings required under: Liiis agreement shall
be delivered to the CITY in a reproducible form such as
an original ink drawing on high quality Vellum or a
reverse mylar made from an original ink drawing. In
either case, the reproducible of registored plans shall
be affixed with the engineers' erbossed seal and
signature.
9. Cc)ritperisatior1 shall be based on a "Fixed
Fee" or a _Not to Exceed Fee", as described 'rereurider,
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AAA,N343-SZJ-ArchEng.C" 8 gyp /CRA
based on the nature and scope of the Work. The method of
compensation shall be agreed upon prior to issuarice of
the Work Order. Notwithstanding anything herein to the
contrary, the CITY and the PRINCIPAL agree that the total
compensation permitted for all work under this Agreement
shall not exceed the sum of $500,000.
FTXFRD FFF.: The fee for a task or a scope of work
based on a fixed fee shall be mutually agreed upon by
the CITY and the PRINCIPAL.
g _ NOT TO Fxr'EEIZ_EF : T f a "Not to Exceed" fixed fee is
mutually agreed upon, the amount of compensation shall
be based on an hourly rate fee. The hourly rate fee
shall be computed based on the hours worked by
individuals in Ole following categories. 'rhe Hourly
Rate for each category, as shown below, includes all
equipment, supplies, materials, tools labor, wages,
taxes, insurance, benefits, overhead and prof'i.t: and
shall be applicable to any necessary overtime work.
Professional Structural Engineer $80.00
Professional Electrical Engineer $65.00
Professional Mechanical Engineer $60.00
Professional Civil Engineer $65.00
Registered Architect $75.00
Electrical Contractor $60.00
Plumber Contractor $60.00
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AApe!wi43-SZJ AzchErg.cAC 9 SECPWICKA
Mechanical Contractor
$60.00
Building Inspector
$64.00
Electrical Inspector
$55.00
Plumbing Inspector
$55.00
Administrative (Billing;, Reports)
$34.00
Clerical (Filing, Light Word Processing)
$30.00
10 . PajaueCompensation shall be paid
monthly in accordance with invoices detailing the fees
and expenses, for Work performed during the immediate
preceding calendar month. Payment shall be made within
thir l.y (30) days following Project Manager's receipt of
the invoices, in triplicate. The invoices shall include
the following information:
A. Total contract amount.
B. Percent of Work complete to date.
C. Total amount paid Lo date.
D. Amount previously billed.
E. Amoun: of invoice.
F. Summary of Work done during the billing period.
G. Invoice number and date.
11. ;ShPdu ^-__of Work. The CITY shall 11ave the sole right to
determine which Project shall be assigned to the
PRINCIPAL and the schedule of Work and time for
performance.
ll. "vnra Work Frnensaa- If the PRINCIPAL has incurred
extra
work
or expense due to
changes ordered
by
CITY
after
any
portion of the Work
is approved by
the
CITY,
SEOPW/C A. r,, -
AAA ; W34 3 - &zi • r rchzr V .�1P 10
then the payment for such extra work shall be the s::bject
of a Change" order, and shall be approved, in writing, by
the CITY if, in the CITY's reasonable opinion, such
Change Order is warranted. If the PRINCIPAL caused extra
work or experise due to changes ordered after any portion
of the Work is approved by the CITY, such extra Work
shall be the subject of an additional work order and the
cost of the extra work shall be sole responsibility of
the PRINCIPAL.
13. Suhronsul t3tlt-a.
A. Selection of the Principal by the Competitive
Selection Committee was based; in part, on the
qualifications and expertise of the Subconsultants
listed in response to the "Request for
Qualifications" (RFQ) if Subconsultants were listed
(the "approved Subconsultants") The Principal shall
employ Approved Subconsultants where their specialties
are required to perform the Work for an assigned
Project.
B. The Principal may choose additional Subconsultants
provided it first obtains the prior written approval of
the City. The Principal may not exclude Approved
Subconsultants from a Project without the City's prior
written consent. The reasons for Hiring additional
Subconsultants or for the replacement of the Approved
Subconsultants slIall be detailed in -he Principal's
written request for City's consent.
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:,ag;w343 S'LJ•ArchEnq.CAV 11 • ;_.:.J��1%<<�Rl�,
C. The Principal shall be responsible for all the work of
its organization, employees and its subconsul.tants.
Nothing contained in this Agreement- shall create any
contractual relationship between any of the
uubconsultants working for the Principal and the City.
The principal agrees and understands that it is in no
way relieved of any responsibility under the terms of
this Agreement by virtue of any other professional who
may associate with it in performing the Work.
D _ Subconsultants that must be used are:
Architects International
Botas-Estau Engineering
EAC Consulting, Inc.
14. Con 1 rr . - TntPrPC .
A. PRINCIPAL covenants that no person under its employ
who presently cxercises any functions or
responsibilities in connection with this Agreement has
any personal financial interest, direct or indirect,
with CITY. PRINCIPAL further covenant., that, in the
performance of. this Agreement:, no person having such
r!onflicting interests shall be employed. Any such
interests on the part of PRINCIPAL or its employees,
must be disclosed in writing LO CITY.
B. PRINCIPAL is aware of the conflict of interest laws of
the City of Miami. (City of. fijami Code Chapter 2,
Article V) , Miami -Dade County, Florida (Miami -Dade
County Code Section 2-11.1) and the State of Florida,
AAn:W343 SZ.!-Archrmg.c.AP 12
�13®PNV 1 CRA (I
and agrees that it shall fully comply in all respects
with the terms of said laws.
15. ��ti�ie,-chip of nccl�m_ n �. All reports, tracings,
drawings, plans, specifications, survey information maps,
computer media, and other data developed by the PRINCIPAL
for the purpose of this Agreement shall become the
property of the CITY without restriction or limitaLion
upon use and shall be made available by the PRINCIPAL at
any time upon request of the CITY. When any work
contemplated under this Agreement is completed or for any
reason terminated prior to completion, all of the above
data shall be delivered to the Projoct Manager.
16. Tprm' nai on aDd S 1S[lP i Q f cxrGamPnt .
A. The CITY retains the right Lu terminate this Agreement
at any time prior to the completion of the Work without
penalty to the CITY. In such event, the CITY shall
give written notice of termination to the PRINCIPAL and
the PRINCIPAL shall be paid for services rendered up to
the date of the notice, provided, however, Lhat the
PRINCIPAL is not in default under the terms of, this
Agreement and as set forth in Section 23 hereof.
B. In the event of termination, all documents, plans, and
other documents developed by PRINCIPAL under this
Agreement shall become the property of the CITY, with
the same provisions of use as set forth herein.
C. It is further understood by aiici between the parties
that any information, contract documents, plans,
SrOPW/CRA �'j� 0 - 61
AAB:W343 SZJ-Arch�nq.CAP 1.3
drawings, or any other matter whatsoever which is given
by the CITY to the PRINCIPAL pursuant to this Agreement
shall at all times remain the property of the CITY and
shall not be used by the PRINCIPAL for any other
purposes whatsoever without the written consent of the
CITY.
17. Award cif Agreement, The PRINCIPAL war>;ailLs that it has
not employed or retained any company or person to solicit
or secure this Agreement, that it has not paid or agreed
to pay any company or person any fee, commission,
percentage, brokerage fee, or gifts or any other
consideration contingent upon or resulting from the award
or making of this Agreement. The PRINCIPAL also warrants
that to the be.-;L. of its knowledge and belief no
Commissioner, Mayor or other officer or employee of the
CI`1'Y is interested directly or indirectly in the profits
or emoluments of this Agreement or the Work.
1.8. Enr>>-P Aare -men . This Agreement represents the entire
and integrated agreement between laic CITY and the
PRINCIPAL and supersedes all prior negotiations,
representations or Agreements, either written or oral.
This Agreement may be amended only by written instrument
executed by CITY and PRINCIPAL-
19. c�s,rcegsarg and nasj na. This Agreement shall be
binding upon the parties hereto and their respective
heir;, executors, lryal representatives, successors and
assigns. ��**
AAB : W3 4 3 -::2.7 - Ar. ChEw.4 . CAP 14
20. Eight to Audit. The CITY reserves the right Co audit
records of the PRINCIPAL pertaining to this Agreement
anytime during the term hereof, and for a period of three
(3) years after final payment is made under this
Agreement.
21. Insurance. PRINCIPAL shall maintain during the terms of
this Agreement the following insurance_
A. Comprehensive General Liability Insurance in amounts
nor- less than $1,000,000.00 Combined Single unit for
bodily injury and property damage liability and said
insurance shall include contractual liability coverage.
The City of Miami shall be named as primary Additional
Insured.
B. Professional Liability Insurance in a minimum amount
of $1,000,000.00 covering all liability arising out of
the terms of this. Agreement .
C. Workers, Compensation insurance in the statutory
amounts.
D. Automobile Liability ztlsurdnce covering all owned,
non -owned, and hired vehicles used by PRINCIPAL in
connection with work arising out of this Agreement.
Coverage Shall be written with at least statutory
.amounts for Bodily Injury and Property Damage.
E. All insurance policies shall be issued by conipanies
authorized to do business under the laws of the State
of Florida and which are approved according to
specifications of the Risk Management Division of the
P_U :W343-SZJ-ArchL'ng.CAP 15
City of Miami- All policies required hereunder shall.
name the CITY as "Additiotial- Insured" .
F. The PRINCIPAL shall furnish certificates of insura.nr-.e
to the CITY.prior to the commencement of any Work,
which shall clearly indicate that the PRINCIPAL has
obtained insurance in the type, amount and
classification as required for strict compliance with
this Section and that no material change or
cancellation of the insurance shall be effective
without the thirty (30) days written notice of the
CITY.
G. Compliance with the foregoing requirements shall riot
relieve the PRINCIPAL of its liability and obligations
under this Section or under any portion of this
Agreement.
22. Righr of peri si ons . All services shall be performed by
the PRINCIPAL to the satisfaction of the Project Manager
who shall decide all questions, difficulties and disputes
of whatever nature which may arise under or by reason of
this Agreement, the prosecution and fulfillment of the
services hereunder, and the character, quality, amount,
and value thereof.., and the Project Manager'E decisions
upon all claims, questions of fact, and disputes shall be
final, conclusive and binding, upon the parties hereto,
unless such determination is clearly arbitrary or
unreasonable. In Ole event that the PRINCIPAL doss not
concur in the judgment of the Project Manager as to any
MD:w7.1;-SZJ P_rch¢rg.CAP 16
decision made by him, the PRINCIPAL shall present his
written objections to the City Manager and submit to the
City Commission for determination.
23. Non -Disc imina icon. The PRINCIPAL shall not discriminate
against_ any employee or applicant for employment because
of race, color, religion, sex, age, national origin,
handicap or marital status. The PRINCIPAL shall take
affirmative action to ensure that applicants are
employed, without .regard to their race, color, religion,
sex, age, national origin, handicap .or marital status.
Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of pay or- other forms of compensation;
and selection for training, including apprenticeship.
The PRINCIPAL agrees to post in conspicuous places,
available to employees and applicants for employment,
notices to be provided by the Personnel officer setting
forth the provisions of this Equal Opportunity Clause.
24. ConStrur-t i can of Agre-ment. The parties hereto agree
that. this Agreement shall be construed and enforced
according to the laws, statutes ana case law of the State
of Florida.
25. 1'id pendent Can.ra..or, The PRINCIPAL and its employees
and agents, shall be deemed to be Independent Contractors
and not agents or employees of Lhe CITY; and shall not
attain any rights or benefits under the Civil Service or
AkB:W39!-.;Z.T-ArChr'i14.CAP 17 �r-OPWXRA� 0 — 61
Pension ordinance of the CITY, or any right generally
afforded classified or unclassified employees; further
they shall not be deemed entitled to Florida Workers'
compensation benefits as employees of the CITY.
26. N.Qrl-Del eg bi 1 i ty. It is understood and agreed that the
obligations undertaken by the PRINCIPAL pursuant to this
Agreement hall not be delegated or assigned to any other
person or firm without the CITY's prior written consent,
which may be withheld at CITY's sole discretion.
27. DP -fa it _ rovi Sion. In the event that PRINCIPAL shall
fail to comply with each and every term and condition of
this Agreement or fails to perform any of the terms and
conditions contained herein, then the CITY, in addition
to all other remedies available by law, at its sole
option, upon written notice to PRINCIPAL may cancel and
terminate this Agreement, and all payments, advances or
other compensation paid to PRINCIPAL by CITY while
PRINCIPAL was in default of the provisions herein
coritaincd, shall be forthwith returned to CITY.
28. ontin"en y Funding for this Agreement is
contingent on the availability of funds and continued
authorization for program activi.tles and is subject to
amendment or termination due to lack of funds or
authorization, reduction of funds, and/or change in
regulations.
29. Minority Procurement Compl i ante . The PRINCIPAL
acknowledges that it has been furnished a copy of
SEOPW Cam--
AAR,W343-SZJ-ArchEng.C" is
Ordinance No. 10062, the Minority Procurement Ordinance
of the City of Miami, and agrees to comply with all
applicable substantive and procedural provisions therein,
itic:ludiriy any amendments thereto.
30. Tndpmnific fi on. The PRINCIPAL covenants and agrees
that.it will indemnify and hold harmless the CITY, its
officers, agents and employees from any and all claims,
losses, damages, costs, charges or expenses arising out
of or in connection with the negligent ac Ls, actions, or
omissions of the PRINCIPAL or any of its officers,
agents, employees, whether direct or indirect, provided,
however, that PRINCIPAL shall not be liable undor this
Section for damages or injury arising out of or directly
caused by or resulting from the sole negligence of the
CITY or any of its agents, officers or employees. The
indemnity provided herein is not limited by reason of any
particular insurance coverage in this Agreement.
31. Notice. All notices or other communications which shall
or may be given pursuant to this Agreement shall be in
writing and shall be delivered by personal service, or by
registered mail. addressed Lu the other party at the
address indicated herein or as the same may be changed
from time to time. Such notice shall be deemed given on
the day on which personally served; or, if by mail, on
the: fifth day after being posted or the date of actual
receipt, whichever is earlier.
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CITY OF MIAMI:
PRINCIPAL:
City Manager C.A.P. Engineering Consultants, Inc.
444 S.W. 2"" Avenue 100 Miracle Mile, Suite 300
Miami, Florida 33130 Coral Gables, Florida 33134
0 05) 461-5484
Public Works Department
Attn: James J. Kay
444 S.W. 2nd Avenue
Miami, Florida 33130
City Attorney
444 S.W. 2"" Avenue
Suite 945
Miami, Florida 33130
32. AmandmPnts.
No
amendments to
this Agreement
shall
be
binding on
either
party unless
in writing and
signed
by
both parties.
33. Mi s -P11 an _o s Pmyi s i ons .
A. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
B. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
rulc.
C. No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no wai.ver.
shall be effective unless made in writing.
D. Should any provision, paragraph, sentence, word or
phrase contained in this Agreement be determined by a
A":H343 1zJ-nrchmq.CAP 20 F(-)PW/C , () - 61
court of competent jurisdiction to be invalid, illegal
or otherwisc-unenforceable under the laws of the State
of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in
either event,
the remaining
terms and
provisions of
this Agree«ent
shall remain
unmodified
and in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have, through
their proper corporate officials, executed this Agreement,
the day and year first above set forth.
C.A.P. Engine rng-
ATT', a Florida c
By:
Corporate ecretary MARIANO V\,YE
VICL President
ATTEST:
XAL . J . Ff MAN --
A CiW Clerk
APPROVED AS TO CONTENT:
J'AMES J.11 Y, 1 ector
,.
�tants, Inc.
ation'
Z
CITY OF MIAMI, a municipal
corporat' n of the State of
Florida
By
LD SHAW
City Manager
AhB : W343-$7.7-ArdiEng . CAP
21 gE0pW1 � � —
M
CORPORATE RESOLUTION
WIMREAS, C.A.P. Engineering Consultants. Inc. ("Principal") v4shes to cater into a
Professional Services Agreement ("Agreement") with the City of Miami (City");
'WHEREAS, the Board or Directors, at a duly held meeting of the Principal has
considered the matter in sc ordance with the By -Laws of the Corporation;
Now, -rffEm FORE, BF iT RESOLVFlD BY TIRE BOARi) OF DIRECTORS that
this corporation is authiaritcd to enter into the Agreement with the City, and the Vice President
and the Secretary arc hereby authorized and directed to execute the Agreement in the name of
this Corporation and to execute any other document and perform any acts in connection
therewith as may be required to accomplish its purpose.
Pi WITiYM WHEREOF, this !0 day or &btleln 1999.
C'.A-P. Engineering Consultants, Inc.
A Florida Corporation
By;
Mariano V.Fem ndez, ' e President
Corporate Secretary
City of Miami
Department of Public Works
444 Southwest 21 Avenue
S'h Floor
Miami, Florida 33130
To: ch,elso ! tywrt
Phone:
Fax phone: (30-S).377-46.44,
cc;
JOHN H. JACKSON, P.E. CARLOS A. GIMENEZ
Director City Manager
Date: %S 04
Number of pastes including cover sheet: 2%
From:
A • Aurol-a fad-14
Phone:
Fax phone:
cc•
REMARKS ❑ URGENT O FOR YOUR INFO. ❑ REPLY ASAP 0 PLEASE COMMENT
SEOPW/CRA
CON. ,,,ACT REVIEW AND ANALYuzi,j FORM
Directions: Please Attach supporting documents. All sections must be completed, excluding "CRC Comments",
4TE: /1/2219q
,PARTMENT/DIVISION: PUbI/C ' WprZs ��dm/n/s tr�7fian
CONTACT PERSON/CONTACT NUMBER: A urorta 630 S 416
CONTRACTING ENTITY: C A, P. rnee rirl
RESOLUTION NUMBER: - 7Q� BI /PROJE NUMBER:
(!F APPLICABLE)
BUDGE ARY INFORMA ION: Arc funds budgeted? YES_& NOi if
yes,
TOTAL DOLLAR OUNT: 5 O EXPENSE REVENUE
SOURCE OF FUNDS: S ACCOUNT CODEM 421 1 - 5((0 3Q'2 •6 . „�2 46
If grant funded, is there a City match requirement? YES_ NO AMOUNT:
Are matching funds Budgeted? YES_ NO Account Code(s):
TERMS OF CONTRACT:
Effective Date:
Escalating Clause, it any:
Contract Period (s):_ 2 Uea/'S 7 'crrn
PerudTies, (if any), for ter 'nation:
Payment terms: Or) Mjq r,t17 accordance Cui
If grant funded, list restricts s/requirements, if applicable:
CT TMMARY DESCRIPTION OF CONTRACT OR AGREEMENT
tis an extension? YES Y, NO Reason for Extension: _ 4 ddt f.,o no/ klork-
it YES, actual expenditures in previous contract Year S
Summary/Description of Contract or Agreement:_ he Czh os he- r,elht 4o 2.<_Aend -�h e
Al0/I 0OFr— f _ Z/11._ , .311 Inn /
JUSTIFICATION FOR CONTRACT OR AGREWENT
(lnd'Ade w¢y it is needed, consequences if not authorized or approved and time constraints, if any.)
METHOD OF PURCHASE tIf app ica le
_Telephone quote _Formal Bid/Proposal (include bid tabulation/proposal ranking)
Written quotes _Single Purchase
_Negotiated Purchase Short -Term Contract
Sole Source (include documeniadon)Term of Contract
lBid Waiver (include donutienration) _Lease (Type -
PREVIOUS AWARDS OF BIDS (tF APPLICABLE)
From most recent: 1)
Approval to use CIP Funds;
Appro
CRC COMMENTS:
arshaw, City Manager
CONTRACT ROUTING FORNI
�} aDate
Submitted to Budget
Submitted to Risk Management
Submitted to City Attorney
Submitted to Assistant City Manager
Received by City Manager's Office
Signed by City Manager
Submitted to Contract Review Committee
Returned from Contract Review Committee
Attested to by City Clerk
Returned to City Attorney/City Clerk
Original to City Clerk
Received by Department
Revised 12/(6,1)y
.or w:1—.
Initials
SMPW/CRA
sm BY: 11- 3-33 ; 2:53PM ;UfN CARL1N & CO INC, 303 461 5434;# 7i 8
ACOPv. CERTIFICA', OF LIABILITY INSURAII TS DATE (id mmL")
>rN-1 11/03/99
PRODUCER THIS CERTIFICATE IS ISSUED AS A MUTTER OF INFORMATION
ONLY AND CONFERS NO FLIGHTS UPON THE CERTIFICATE
Kahn -Carlin A Company, Inc. HOLDIM THIS CERTIFICATE DOES NOT AMEND, EXMn oft
"4-'n a. Dixie Highway ALTER THE COVERAGE AFFORDED SY THE Pf ueu-zs BELOW.
i FL 33133-9904 COMPANIES AFFORDING COVERAGE
subert K. Kahn COrrAxT . `�`
ffmw mo._305-446-2271 Fax No-305-aQ8-27 A Tranaportation Insu=sn,co Co.
INSURED 31- -- -
CpYP/WY
B Transcontinental Ina, Co_
COM►AN+' .—
C-A_D. Enginoerinq Consultants C Associated Internetioraal
100 Mi.raclO Mile -Suite 300 - —
Coral Gables FL 33134 d
COVERAGES
T►qa Ls TO MUnF V THAT THE POLICLU Or IMRUAAnCi o.ISWM S&OW I4AVE &M I> IM TO THE wsURGD NAMED AR9W FOR THE PODGY PtWn
NDK ATED, ROTINTHSTANONG ANY RSQUR9205W, TERM OR OMMI ON OF ANY OO MUCT OR OTHER DOCUNlM tNTTN a4R►�GT 10 TIYNLCN YNLa
CEIRIIFR:ATE MAY HE RSUiC OR W Y YiWl'AN. TIIE INSURANCE AMTOnnto ATV TN! ►OI.LCIIii KWkk= NOIGIN IS SUdJ[CTTO ALL TH[ TERMS,
M U&V" AMC CawD r"S 0/ SUCH POUC ES. LWTs SIIOTMI rAY HAVE 1&=M PleE UCEe N PAID CLAIMS._
CO ►v"40IlSURANC6 1OLIGY HuweoL ►OLr-YEFFECTNE WLLCYEXPOAT"LTR _ DATE IMUM" DATE IMWD NM LAUTS
LEMQRALLIASILITY a:PI�ItAIACCUtiGATE t2,000,000
A ItOCOWINEWS
RMLCENEAALU�A04M 13177125603 10/24/99 10/2A/00 rAooucTs-coN.UOPAcso s2 000,000
CLANS A ONTRMAGE � OCCUR PERSOTLAL A Anv PLwaY $ 1, 000 , 000
a COMTRACTDIC$ MIOT
AUTOMOKz- UAGUW
8 r( ANY AUTO
ALLdwNati AUTOS
SCHEOULEO AUTOS
X HIAED AU MS
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ANY AUTO
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ERCES$ LASKiff
UMMtELLA rORM
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WDRK9Kz COMMt WT1OM ANO
EMVLOYW L IAM-ffY
A RWrOW
PA.iv�Ue.,., F I LMCL 1077121299
C IProf Liability I AZU960135
r--M OOCUIRRiwCc i l 000, 000
PRE OAKA"(AA,rnIu.I s I00,000
o. Woevy"opavenj 110,00C)
12/01/98 12/01/99 cosewm$HLGLEUhNT s 11000,000
WP LY RWRY j
tom.. PSI
YODILYNJURY j
(PArACcMAM)
HIOKRTY DAMAGE i
AUTO ONLY- EA ACODEN7
it
OTMER THAN AUTO ONLY.
-
EACH A=06NT
t
AGUHMATY
i .
EACH OCC�
!
AGGREGATE
--
S
EL UCN ACCEDFM _ f 1000000
11/04/99 11/OQ/00 eLD+>LAA$E-POLTCrupIT s 100000C
EL 0"ASE-EA H&WLOYEE t 1000000
03/12199I 03/22102J Aggregate 1,000,000
Per Clain 1,000,000
..,,,.H W&FA IFWq ILHLA rm#n _.._ .
R$;Pr. qf0salonal Service AareOLteat.
Certsricate Roldmr is an tional Inzurod as reapecto Goneral Li.ahi1ity_
CERTIFICATE HOLDER CANCELLATION
CYTX- 32 LTMOULD ANY OF tHi Aoove DEacwem PAt ICIes ae r�►NCRILL e0 aEsoRa THE
City Of Miami EX—ATICN DATt TNEJIEOG, THE L4 WNG COMPANY VMI,L VJDGAVOR TO MAK.
City Maaaysr Wi DAYS VAUMN MOT" TD THE CERTIFICATE HOLDER MAIMLEFT,
TO THE EFT,
Attn:Donald . Warshaw BUT FAILURE ToMMLSUCHNOTLCEAKALLIMPOSENOOKJGAILCNOlt UAegjTY
P.O. 903L 330700 OP ANY P3MhVMNTHE COWARTRaAGEMORRlrwnwmT n
Miami rL 33223-0700 AUTHORQDNavvEsSNTATVC
Albert R. Kahn
AC4 25-9 i1/96) - K�—
ACORIJ CORPORATION 1US
PROFESSIONAL SERVICES AGREEMENT
[Architectural Engineering Services]
This Agreement entercd into this -(; -Ah day of Dew,
1999, by and between the City of Miami, a Municipal
Corporation of Lhe State of Florida, (the "CITY "), and
C.A.P. Engineering Consultant, T.nc., a State of Florida
corporation, (the "PRINCIPAL'').
WHEREAS, the CITY has scheduled a substantial. number of
Projects for fiscal years 1999, 2000 and 2001 (the
—Projects") that requiro professional architcctural
engineering services; and
WHEREAS, the Commission of. the City of Miami, by
Resolution No. 99-708 adopted on September 28, 1999,
approved the selection of two (2) Architectural/Engineering
firms to provide architectural/engineering services for the
Projects and &ttthorized the City Manager to negotiate the
terms of and execute agrecmcnts with said firms for the
provision of the Services; and
WHEREAS, the PRINCIPAL is one of the firms selected to
provide architectural engineering services and the PRINCIPAL
and the CITY wish to execute this Agreement: to set forth the
terms and conditions of the engagement.
NOW, THEREFORE, in consideration of the mutual
covenants set forth herein, the CITY and the PRINCIPAL agree
as follows:
1. ReC.i-als. The recitals and all statements contained
therein are hereby incorporated into and made a part of
this Agreement.
2. Term. The term of this Agreement ;hall be two (2) years,
commencing on the date hereof and ending two (2) years
thereafter (the "Expiration DaLe ''), subject, however, to
the provisions of Section 12 hereof. The CITY has the
right to extend the term hereof tar an additional, period
of
one
(1) year suhjent to approval. by
the City Manager.
In
the
event the PRINCIPAL is engaged
in any PROJECT(S)
on
the
above data, this AGREEMENT shall
remain in effect
until completion or termination of said PROJECT(S). No
new orders will be issued after above date.
3. Subj cat Martp_r. This Agreement sets forth the terms and
conditions pursuant to which the CITY may request, and
PRINCIPAL shall provide, tho Services, as defined in
Section 4 and 5 below, for one or more Projects. No
spocifi_c Project i,s designated under this Agreement. The
Project and the specific details of the Services required
Uo be performed by the PRINCIPAL shall be described in a
vw:w�a-;^,J-ArchCng.CAP 2 SLOPWICRA
Work Order to be issued by the CITY in accordance with
Section 5.B hereof.
4. Define ions.
A. PRn,IECT - means the review of blueprints, construction
drawings and, specifications to determine if documents
and materials submitted conform to state and local
Laws, codes, ordinances and regulations or other
related professional services requested by the CITY-
B. WQRK - means Services to be rendered or provided by
the PRINCIPAL for the PROJECT.
C. SERVTCFS - means the Services described herein, to be
performed by tho PRINCIPAL under this Agreement.
D- PRO,TECT MANA ER - means the Director of the Department
of Building and Zoning or his/her designee.
5. Services.
A. ugnPral
i.. At the CITY's request, made in accordance with Sub -
Section B below, PRINCIPAL shall perform the
Services as described herein (the "Work") . The
Services may include but nod be l-imited to the.
services outlined in this section and sorvices that
may he required in connection with a Projcct. The
Work shall be performed with all applicable
dispatch, in a sound, economical, efficle.uL and
professional manner and within the time and the
manner required in the Work order.
t,Ar,:ws-:;z.r-JaicllEn4•L4P 3 SEOPWICRt&
ii. The PRINCIPAL shall perform the Work under the
direction of, and in close coordination with, the
Project Manager. The PRINCIPAL shall provide all
professional and technical services comprising the
Work and shall be fully responsible for all the
professional and technical aspects thereof. The
CITY's review and approval of the work will relate
only to overall compliance with the general
requirements of, the Project and whenever the term
approval by t.ho CITY' or like term is used in this
Agreement, the phraseology shall in no way relieve
the PRINCIPAL from any duties oz: responsibiliLieS
under the terms of this Agreement or from usinq the,
best_ professional architectural/engineering
practices.
iii. The PRINCIPAL shall, in the performance of the
Work, comply with all Federal, State and Local
codes, ordinance and regulations, pertaining to the
Project, including, without limiting the generality
of the foregoing, the Federal Wage -Hour Law, Walsh -
Healy Act, The occupational Safety and Health Act,
The National. Environmental Policy Act and Equal
Employment Opportunity Legislation.
iv. Iz1 the performance of the Work, the PRINCIPAL
agrees to:
�
AAP:W343 S2J ArchEng.C:AP
4 SEOP�1 / BRA.. :,;� " ki-, i_
a- Strive to complete the Work within the time
allowed by maintaining an adequate sLaff of
qualified employees on the Work at all times.
b. Be fully responsible for the professional and
technical services required to be rendered in the
performance of the Work.
c.. Cooperate fully with the CITY in order, that all
phases of the Work may be properly scheduled,
coordinated, and executed.
d. Report the status of the Project to the Project
Manager upon request or as required by this
Agreement, and maintain all notes, calculations,
and related work open to inspection by the CITY,
at all times during the term hereof.
e. Promptly deliver to the Project Manager copies of
minutes of all relevant meetings relating to the
Project at which PRTNCTPAL is present.
f. Be available for general consultation and advice
at all times during the term of the Project.
B . Rp u45.sts For Sarvi rpa .
i. ExcepL in emergency situations, all requests for
Services shall be made by a written Request For
Services ("RFS'') issued by the Projects Manager. In
case of emergency, the CITY may a verbal RFS
to be followed by a written RFS (or, after approval,
by a Work order) and a Notice to Proceed, as soon as
practicable thereafter. The RFS shall describe the
AAB:W34.1-SZJ-ArchEng.CAP 5
SBOPW / CIS `";�
Project and each section of the Work to be performed
by the PRINCIPAL and Lhe time schedule in which the
Work must be completed.
ii. Upon receipt of the RFS, the PRINCIPAL shall make
arrangements to meet with the Project Manager and a
meeting shall be held within ten (10) days fcllowing
receipt of the RFS, to discuss the, esLimated amount
of compensation, and the schedule and scope of the
Work. All, formats for the Work are to be as
presently used by the City of Miami Building :and
Zoning Department and/or the Public works
Department, unless otherwise directed by the Project
Manager. This is to include but not be limited to
plans, specifications and contract documents.
iii. Subsequent to the meeting, the PRINCIPAL shall
submit to the CITY a proposal at no cost to the
CITY. If CITY and PRINCIPAL agree on the amount of
compensation and the schedule and time for
completion of the Work, Ltien the: Project Manager
shall issue a Work Order and Notice to Proceed.
iv. The Services to be rendered by the PRINCIPAL for
the Project shall commence within twenty-four (21)
hours upon receipt of the Notice to Proceed and
shall. be completed within the time agreed upon as
shown in thc: work Order. When a PROJECT has a
deadline date and time is of the essence the CITY
shall advise the PRINCIPAL and completion time shall
AAR-W143 S7J ArchEng.0AP 6 SLOP*
ICF - R
be agreed upon. A reasonable extension of the work
time will be granted in the event there is a delay
on the part of the CITY in fulfilling part of the
AGREEMENT as stated herein or because of weather,
civil disturbance, or other reasons beyond the
control of the PRINCIPAL.
v. PRINCIPAL understands and agrees that failure to
comply with the foregoing provisions wiLhin the time
required herein may result in the Project being
awarded to another firm.
6. City Services and Res.p nsi lei 1 i _ The CITY agrees to
make available to the PRINCIPAL any and all plats,
drawings, records, plans and other data in CITY's
possession pertaining to Lhe Work to be performed for the
Project_
7. Scopp Qf work -'rhe PRINCIPAL may be required to provide:
architectural mechanical, electrical, and structural
engineering. These services may include, but may not be
limited to: review blueprints, con.;truction drawing and
specifications to determine whether plans,
specifications, workmanship and materials submitted
conform to local and stage codes and legally r?stablished
requirements; approve blueprints, plans and sketches
prior to issuance of permits (buildings, electrical,
plumbing, mechanical) and discuss requirements of plans
with engineers, contractors, bu.i.ldters or owners; make
corrections to plans and return them for resubmission,
AAB:W343 SIT-Ar'i7hRr114XAP 7
SLGPW! CRA .
when required; process walk-throughs for commercial and
residential project s, assist the public, contractors,
architects, engineers, and homeowners with plans review
and code interpretation; provide inspection services for
buildings, electrical, plumbing and mechanical, enforcing
the South Florida Building Code; and -any other
miscellaneous tasks as may be required.
8. Aporova'I of Cal _ i 1 aions., Reports and ) awi nas : The
CITY agrees that within thirty (30) days after delivery
to approve, reject, ar return with indicated suggested
revisions or recommendations, all field notes, drawings,
calculations, rcports or other written communications
submitted by the: PRINCIPAL to the CITY for approval.
Such approval, revisions or recommendations by the: CITY
shall not relieve the PRINCIPAL of its responsibility .for
the WORK. Any errors noted in the calculations or
drawings submitted by the PRINCIPAL will be corrected at
no additional cost to the CITY. Ail certified plans and
other final drawings required under Lhis agreement shall
be delivered to the CITY in a reproducible form such as
an original ink drawing on high quality Vellum or a
reverse mylar- made from an original ink drawing. In
either case, the reproducible of registered plans shall
be affixed with the engineers' embossed seal and
signature.
9. C'CJmjpPngat i nn. Coi-operlsatlon shall be barred on a "Fixed
Feel' or a "Not to Exceed Fee'', as described hereunder,
AAR!W343-SZJ-ArchEng.CAP 8
based on the nature and scope of the Work. The method of
compensation shall be agreed upon prior to issuance of
the Work Order. Notwithstanding anything herein to the
contrary, the CITY and the PRINCIPAL agree that the total
compensation permitted for all work under this Agreement
shall not exceed the sum of $500,000.
A. FIXED The fee for a task or a scope of work
based on a fixed fee shall be mutually agreed upon by
the CITY and the PRINCIPAL.
B. NOT TO EXCEED FF_E: Tf a "Not to Exceed'' fixed fee is
mutually agreed upon, the amount of compensation shall
be based on an hourly rate fee. The hourly rate fee
shall be computed based on the hours worked by
individuals in Lhe following categories. The dourly
Rate for each category, as shown below, inn -lodes all
equipment, supplies, materials, tools labor, wages,
taxes, Insurance, benefits, overhead and profit, and
shall be applicable to any necessary overtime work.
Professional Structural Engineer
Professional Electrical Engineer
Professional Mechanical Engineer
Professional Civil Engineer
Registered Architect
Electrical Contractor
Plumber Contractor
Hourly Rate..
$80.00
$65.00
$60.00
$65.00
$75.00
$60.00
$60.00
AA2!W141-SZZJ ArchLng.CAP `
Mechanical Contractor $60.00
Building Inspector $64.00
Electrical Inspector $55.00
Plumbing Inspector $55.00
Administrative (Billing, Reports) $34.00 =
Clerical (Filing, Light Word Processing) $30.00
10. Payments of C'Qwyenaat i nn . Compensation ;hall be paid
monthly in accordance with invoices detailing the fees
and expenses, for Work performed during the immediate
preceding calendar month. Payment shall be made_ within
thirty (30) days following Project Manager'', receipt of
the invoices, in triplicate. The invoices shall include
the following information:
A. Total contract amount.
R. Percent of Work complete to date.
C. Total amount paid Lo date.
D. Amount previously billed.
E. Amounc of invoice.
F. Summary of Work done during they, billing period.
G. Invoice number and date.
11. Schedil_ of wor-k. The CITY shall have the sole right to
determine which Project shall be assigned to the
PRINCIPAL and the schedule of Work and time for
performance.
12. Exr ram_ Work FxY,e�t=-s- . If the PRINCIPAL has incurred
extra work or expense due to changes ordered by CITY
after any portion of the Work is approved by the CITY,
AAa;w343 $LJ-ArChFr.y.CAP 10
SEOPW/CRA
then the payment for such extra work shall be the subject
of a Change Order, and shall be approved, in writing, by
the CITY if, in the CITY's reasonable opinion, such
Change Order is warranted. If the PRINCIPAL caused extra
work or expense due to changes ordered after any portion
of the Work is approved by the CITY, such extra Work
shall be the subject of an additional work order and the
cost of the extra work shall be sole responsibility c-)f
the PRINCIPAL.
13. SuhconsuI t an_t a.
A. Selection of the Principal by the Competitive
Selection Committee was based; in part, on the
qualifications and expertise of the Subconsultants
listed in response to the ''Request For
Qualifications'' (RFQ) if Subconsultants were listed
(the "Approved Subconsultants"). The Principal shall
employ Approved Subconsultants where their specialties
are required to perform the Work for an assigned
Project.
B. The Principal may choose additional Subconsultants
provided it first obtains the prior written approval of
the City. Th.e Principal may not exclude Approved
Subconsultants from a Project without the City's prior
written consent. The reasons for Hiring additional
Subconsultants or for the replacement of the Approved
Subconsultants shall be detailed in the Principal's
written request for City's consent.
AAA,W343 8ZJ-ArchEng.CAP
p_E... Fr
SEOPW/CRA
C. The Principal shall be responsible for all the work of
its organization, employees and its subconsultants.
Nothing contained in this Agreement shall, create arty
contractual relationship between any of the
subconsultants working for the Principal and the City.
The Principal agrees and understands that it iL; in no
way relieved of any responsibility under the terms of
this Agreement by virtue of any other professional, who
may associate with it in performing the Work.
D. Subconsultants that must be used are
Architects International
Boras-Estau Engineering
F.,AC Consulting, Inc.
14. Confl i cat ,_,Q Tn Prest .
A. PRINCIPAL covenants that no person under its employ
who presently cxercises any functions or
responsibilities in connection with this Agreement has
any personal financial interest, direct or indirect,
with CITY. PRINCIPAL further covenants that, in the
performance of, this Agreement, no person having such
nonElicting interests shall be employed. Any such
interests on the part of PRINCIPAL or its employees,
must be disclosed 'Ln writing Uo CITY.
B. PRINCIPAL is aware of the conflict of, interest laws of
the City of Miami (City of. Miami Code Chapter 2,
Article V), Miami -Dade County, Florida (Miami -Dade
County Code Section 2-11.1) and the State of Florida,
AAR, W343 - SZJ-ArE:hrn@ , r_AP 12
SB0PW! CRLZ a ,
and agrees that it shall fully comply in all respects
with the terms of said laws.
15. Qwnership of Documents. All reports, tracings,
drawings, plans, specifications, survey information maps,
computer media, and other data developed by the PRINCIPAL
for the purpose of this Agreement shall become the
property of the CITY without restriction or limitation
upon use and shall be made available by the PRINCIPAL at
any time upon request of the CITY. When any work
contemplated under this Agreement is completed or for any
reason terminated prior to completion, all of the above
data shall be delivered to the Projcct Manager.
16. Termination and Suspension of AgrrPm nt ,
A. The CITY retains the right La Lerminate this Agreement
at any time prior to the completion of the Work without
penalty to the CITY. In such event, the CITY shall
give written notice of termination to the PRINCIPAL and
the PRINCIPAL shall be paid for services rendered up to
the date of the notice, provided, however, Lhat the
PRINCIPAL is not in default under the terms of, this
Agreement and as set forL.h in Section 23 hereof.
B. In the event of termination, all documents, plans, and
other documents developed by PRINCIPAL under this
Agreement shall become the property of the CITY, with
the same provisions of use as set forth herein.
C. It is further understood by and between the parties
that any information, conL-ract documents, plans,
AAP;W343 SLJ-Archcnq,CAP 1 3
drawings, or any other matter whatsoever which is given
by the CITY to the PRINCIPAL pursuant to this Agreement
shall at all times remain the property of the CITY and
shall not be used by the PRINCIPAL for any other
purposes whatsoever without the written consent of the
CITY.
17. Award of Aa'rpement , The PRINCIPAL warxaiiLs that it has
not employed or retained any company or person to solicit
or, secure this Agreement, that it has not paid or agreed
to pay any company or person any fee, commission,
percentage, brokerage fee, or gifts or any other
consideration contingent upon or resulting from the award
or making of this Agreement. The PRINCIPAL also warrants
that to the besL. of its knowledge and belief no
Commissioner, Mayor or other officer or employee of the
CITY is interested directly or indirectly in the profits
or emoluments of th.i,s Agreement or the Work.
1.8. Fn . i -e AqrPPR1enr . This Agreement represents the entire
and integrated agreement betweezz L.he CITY and the
PRINCIPAL and supersedes all prior negotiations,
representations or 1�g.reements, either written or oral.
This Agreement may be amended only by written instrument
executed by CITY and PRINCIPAL.
19. Sl ncessors and i\ssi ann . This Agreement shall be
binding upon the parties hereto and their respective
heirs, executors, legal representatives, successors and
assigns.
AAB : W3 4 3 -:;Z.7 - Arc:hF,Yj.I. CAI' 14
SEOPW/CRA t -k
20. 13jSaht to Audit. The CITY reserves the right Lo audit
records of the PRINCIPAL pertaining to this Agreement
anytime during the term hereof, and for a period of three
(3) years after final payment is made under this
Agreement.
21. TpsuranrP.. PRINCIPAL shall maintain during the terms of
this Agreement the following insurance:
A. Comprehensive General Liability Insurance in amounts
nor- less than $1,000,000.00 Combined Single unit For
bodily injury and property damage liability and said
insurance shall include contractual liability coverage_
The City of Miami ,hall be named as primary Additional
Insured.
B. Professional Liability Insurance in a minimum amount
of $1,000,000.00 covering all liability arising our of
the terms of this,Agreement.
C_ workers' Compensation Insurance in the statutory
amounts.
D. Automobile Liability Iilsurdtic:e covering all owned,
non -owned, and hired vehicles used by PRINCIPAL in
connection with work arising out of this Agreement.
Coverage shall be written with at least statutory
amounts for Bodily Injury and Property Damage.
E. All insurance policies shall be issued by companies
authorized to do business under the laws of the State
of Florida and which are approved according to
specifications of the Risk Management Division of the
AAB:W34.3-SZJ-Archh'ng.CAP 1
City of Miami. All
policies required hereunder shall,
name the CITY as "Additional Insured''.
F. The PRINCIPAL shall
furnish certificates of insurance
to the CITY prior to
the commencement of any Work,
which shall clearly
indicate that the PRINCIPAL has
obtained insurance
in the type, amount and
classification as required for strict compliance with
this Section and
that no material change or
cancellation of the
insurance shall be effective
without the thirty
(30) days written notice of the
CITY.
G. Compliance with the
foregoing requirements shall noL
relieve the PRINCIPAL
of its liability and obligations
under this Section
or under any portion of this
Agreement.
22. Right of Decisions. All services shall be performed by
the PRTNC_TPAL to the satisfaction of the Project Manager
who shall decide all questions, difficulties and disputes
of whatever nature which may arise under or by reason of
this Agreement, the prosecution and fulfillment of the
services hereunder, and the character, quality, amount,
and value thereof.., and the Project Manager's decisions
upon all claims, questions of fact, and disputes shall be
final, conclusive and binding, upon the parties ti.ereto,
unless such determination is clearly arbitrary or,
unreasonable. In the event that the PRINCIPAL does not
concur in the judgment of the Project Manager as to any
Ann:w143-SZJ Aschcng.C:AP 16 sr-,&W JCRA
decision made by him, the PRINCIPAL shall present his
written objections to the City Manager and submit to the
City Commission for determination.
23. Non-Discrimina icon. The PRINCIPAL shall not discriminate
against any employee or applicant for employment because
of race, color, religion, sex, age, national origin,
handicap or marital status. The PRINCIPAL shall take
affirmative action to ensure that applicants are
employed, without .regard to their race, color, religion,
sex, age, national origin, handicap .or marital status.
Such action shall include-, but not be limited to the
following: employment, upgrading, dcmotion, or transfer;
recruitment or recruitment advertising; layoff or
termination; ratea of pay or other forms of compensation;
and selection for training, including apprenticeship.
The PRINCIPAL agrees to post in conspicuous places,
available to employees and applicants for employment,
notices to be provided by the Personnel Officer setting
forth the provisions of this Equal Opportunity Clause.
24. ConStruction of AgrPPm-n . The parties hereto agree
that this Agreement shall be construed and enforced
according to the laws, statutes and case law of the State
of Florida.
25. -1'nd pendent C'nntra. or. The PRINCIPAL and its employees
and agents, shall be deemed to be Independent Contractors
and not agents or employees of the CITY; and shall not
attain any rights or benefits under the Civil Service or
AA&:Wi4i-SZ.T-ArahFn.4.CAP 1 7 f
1
Pension Ordinance of the CITY, or any right generally
afforded classified or unclassified employees; further
they shall not be deemed entitled to Florida Workers'
Compensation benefits as employees of the CITY.
26. N.Q -R l eg'abi 1 i y. It is understood and agreed that the
obligations undertaken by the PRINCIPAL pursuant to this
Agreement shall not be delegated or assigned to any other
person or firm without the CITY Is prior written consent,
which may be withheld at CITY's sole discretion.
27, Default- Provision. In the event that PRINCIPAL shall
fail to comply with each and every term and condition of
this Agreement or fails to perform any of the terms and
conditions contained herein, then the CITY, in addition
to all other remedies available by law, at its sole
option, upon written notice to PRINCIPAL may cancel and
terminate this Agreement, and all payments, advances or
other compensation paid to PRINCIPAL by CITY while
PRINCIPAL was in default of the provisions herein
contained, shall be forthwith returned to CITY.
28. Contingency Clause.Funding for this Agreement is
contingent- on the availability of funds and continued
authorization for program ant- i vi.t..'Les and is subject to
amendment or termination due to lack of funds or
authorization, reduction of funds, and/or change in
regulations.
29. Minority PI—ncuremPr)t Comnl i anee . The. PRINCIPAL
acknowledges that it has been Furnished a copy of
AAA:W343-SZJ-ArchEng.CAP 1 g
SEOPW/CRA �. --
Ordinance No. 10062, the Minority Procurement Ordinance
of the City of Miami, and agrees to comply with all
applicable substantive and procedural provisions therein,
including any amendments thereto.
30. Tndemni fi caf on. The PRINCIPAL covenants and agrees
that it will indemnify and hold harmless the CITY, its
officers, agents and employees from any and all claims,
losses, damages, costs, charges or expenses arising out
of or in connection with the negligent ac:Ls, actions, or
omissions of the PRINCIPAL or any of its officers,
agents, employees, whether direct or indirect, provided,
however, that PRINCIPAL shall not be liable undc.)r this
Section for damages or injury arising out of or directly
caused by or resulting from the sole negligence of the
CITY or any of its agents, officers or employees. The
iridemnity provided herein is not limited by reason of any
particular insurance coverage in this Agreement.
31. Notice. All notices or other communications which shall
or may be given pursuant to this Agreement shall be in
writing and shall be delivered by personal service, or by
registered mail, addressed Lo the other, party at the
address indicated herein or as the same may be changed
from time to time. Such notice shall be deemed given on
the day on which personally served, or, if by mail, on
the: fifth day after being posted or the date of actual
receipt, whichever is carlicr.
AAB:W343 SL.1-ArchSng.CAP 19
SEOPW/CRA U ''
CITY OF MI,AMI:
City Manager
444 S.W. 2nd Avenue
Miami , 'Flori-da 33130
Public Works Department
Attn: James J. Kay
444 S.W. 2r'o Avenue
Miami, Florida 33130
City Attorney
444 S.W. 2"" Avenue
Suite 945
Miami, Florida 33130
PRINCIPAL:
-C.A.P. Engineering Consultants, Inc.
100 Miracle Mile, Suite 300
Coral Gables, Florida 33134
T305) 461-5484
32. Amendments. No amendments to this Agreement shall be
binding on either party unless in writing and signed by
both parties.
33. Mi s P 1 1 an _o s P Qyi s i cng .
A. Title and paragraph headings are icr- convenierit
reference and are not a part of this Agreement.
B. In the event of conflict betwccn the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
rulc.
C. No waiver or breach of any provision of this Aqreement
shall constitute a waiver of any subsequent breach of
the same or any ether provision hereof, and no waiver.
Shall be effective unless made in writing.
D. Should any provision, paragraph, sentence, word or
phrase contained in this Agreement be determined by a
AAB : W3 a 3 :;'LJ - Arc-hCnq. CAP 20
k
SFAP ►'T�x� I CRA U — Ij
court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable under the laws of the State
of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed
modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with
such laws, then same shall be dec mcd severable, and in
either event, the remaining terms and provisions of
this Agreement shall remain unmodified and in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have, through
their proper corporate officials, executed this Agreement,
the day and year first above set forth.
C.A.P. Engin mg-t
ATT ,/1 a Florida co
_— By:
Corporate e-cretary MARIANO V\ ER
V►CL President
ATTEST:
iiL'T 'J . F MAN
Cit Clerk
APPROVED -AS TO CONTENT:
J�1MES J.; Y, 1 ector
S};ltants, Inc.
ation
Z
CITY OF MIAMI, a municipal
corporat' n of the State of
Florida
By:
DON LD SHAW
City Manager
AAB:W3,1i-37J-ArchEng.CAI? 21
Department of Public Works
APIIRO D AS TO INS CE
REQ - !EN
MARIO SOLDEVILLA
Director, Risk Management
AAR,wtat-SZJ-ArchEnq.CAP ii SUoFWJCRS
a
ill -�-
CORPORATE RESOLUTION
WIE EAS, C.A.P. Engineering Consultants, Inc. ("Principal") wishes to enter into a
Professional Services Agreement ("Agreement") with the City of Mianu ("City");
WHEREAS, the Board of Direct()r5, at a duty held meeting of the Principal has
considered the matter in accordance with the By -Laws of the Corporation;
NOW, THEREFORE, BE IT RESOLVF.A BY THE RO&RD OF DIRECTORS that
this corporation is autharizcd to enter into the Agreement with the City, and the Vice President
and the Secretary arc hereby authorized and directed to execute the Agreement in the name of
this Corporation and to execute any other document and perform any acts in connection
therewith as may be require) to accumplish its purpose.
Il i WITNESS WHEREOF, this !U day of vit 1999.
YR � wt/a V70A
Corporate Secretary
C.A.P. Enginecring Consultants, Inc.
A Florida Corporation
By:
Manano V. Fern ndez, a President
,
uu_ 6
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Chairman Teele and DATE : June 16, 2000
Members of the CRA Board
SUBJECT: C.A.P. Engineering
Robert L. Tyler REFERENCES: City Resolution 99-708
Dir. Of Op., Admire. & Dev.
ENCLOSURES: Resolution and Contract
FILE :
RECOMMENDATION
It is respectfully recommended that the Board adopt the attached resolutions authorizing the CRA to
procure the requested architectural/engineering services from C.A.P.'s existing City of Miami, DPW
contract.
BACKGROUND
Resolution authorizing the CRA to enter into a contract with Carlos A. Penin Engineering, Inc. (CAP),
an engineering firm on the City of Miami's approved list, to provide architectural/engineering services
with respect to the construction on Parcels P-1, P-5 and P-7 within the Redevelopment Area, at a cost
not to exceed $40,000.00.
The City Commission by resolution number 99-708 adopted on September 28, 1999, approved the
selection of two (2) A/E firms to provide architectural/engineering services and authorized the City
Manager to negotiate the terms and execute the agreement.
C.A.P. is one of the firms selected and the CRA desire to procures services from that contract. (Piggy-
back).
Funding Source: General Funds
Account Number: 689004.055011.4.193
'S02* I 0*a j 0