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HomeMy Public PortalAbout1991-04 Interim Professional Services for Planning and EngineeringRESOLUTION No. 91-04 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE PROVIDING FOR INTERIM PROFESSIONAL SERVICES AGREEMENT TO SECURE CERTAIN PLANNING AND ENGINEERING SERVICES FOR THE VILLAGE OF KEY BISCAYNE WITH TOTAL COMPENSATION UNDER SUCH INTERIM AGREEMENT NOT TO EXCEED $10,000. WHEREAS, the Village of Key Biscayne immediately requires certain planning and engineering services, including professional consulting services for review of building and zoning applications presented to the Board of Trustees, and may require engineering consulting services for Public Works' matters; and WHEREAS, once a City Manager or other staff are hired, they may be able to provide certain of the services otherwise requiring the assistance of an engineer or planner; and WHEREAS, in the interim, prior to hiring of staff, it is necessary to obtain professional engineering and planning services for consulting purposses, and to require the attendence of such professionals at meetings of the Board of Trustees, as necessary. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, AS FOLLOWS: SECTION 1. That the Village of Key Biscayne does hereby determine to retain the services of CAP ENGINEERING CONSULTANTS, INC. to provide necessary engineering and planning consultation services, including but not limited to advising the Board of Trustees on building and zoning applications and matters, subject to the condition that the total compensation paid for such services rendered to the Village of Key Biscayne hereunder shall not exceed $10,000, so as to comply with the exemption from the consultant competitive selection process provided by Section 287.055, F.S., to the extent such Statute would otherwise be applicable to the services provided. SECTION 2. That the Board further finds that it is impracticable to engage in a specification and bid process for services hereunder. SECTION 3. That the Mayor is authorized to execute a contract for professional services with the firm or person identified in Section 1 above, to accomplish the purposes stated herein, and shall be subject to the limitations set forth therein, and subject to the approval of such contract by the Village Attorney. Compensation shall be reasonable and shall be in accordance with a specific scope of services to be incorporated into such contract. SECTION 4. That this resolution shall be effective immediately from and after adoption hereof. SECTION 5. That the firm or person identified in Section 1 is hereby required to acquire liability insurance of a minimum of $500, 000. PASSED AND ADOPTED by a vote of the Board of Trustees this 1 a44— day of N�. �ell\12 - , 1991. 1 A RAFAEL1/+ ICON TE , MAYOR ATTEST INTERIM VILLAGE CLERK APPROVED: VILLAGE ATTORNEY A C.A.P._Engineering Consultants, Inc. 4: Niir- November 26, 1991 The Honorable Rafael Conte Mayor, Village of Key Biscayne 91 W. McIntyre Street Suite 201 Key Biscayne, Florida 33149 Re: Village of Key Biscayne Consulting Engineering Services Dear Mr. Conte: C.A.P. Engineering Consultants, Inc. (CAP) is pleased to have been selected to provide Professional Engineering and Building and Zoning services for Village of Key Biscayne. CAP will provide these professional services as described in the Proposal to the Village of Key Biscayne dated November 4, 1991, in the Resolution for "Planning and Engineering Services" and under the conditions outlined below: 1. The Scope of Services by CAP shall include investigation and preliminary reports, feasibility studies; costs studies and appraisals; inspection and testing; design and preparation of constructions plans; specifications and contract documents; construction services; land surveys; preparation of legal descriptions; topographic surveys, plat preparation, and other related functions, including Building and Zoning Services, upon request by and in behalf of the Village of Key Biscayne. 2. Village or Key Biscayne and CAP shall establish a mutually satisfactory system for the issuance of work orders by the Village and the submission of invoices by the Engineer. 3. Compensation shall be paid as follows: (a) For work performed on an hourly basis. Exhibit A is the applicable rate schedule for principals and employees. AO AO C U/ AIt, ("n,srt IPAionli (1(1Z1 CC7 AA0A cams. I -in C1 cc1 oc�n The Honorable Rafael Conte Village of Key Biscayne November 26, 1991 Page 2 (b) For design projects and construction services a supplemental agreement shall be negotiated under this basic contract and fees shall be established in accordance with the recommendations of the most current edition of the compensation curve as prepared by the Florida Institute of Consulting Engineers or an agreed lump sum amount. Work shall be considered commenced at the time an employee arrives at the job or meeting site. Travel time shall not be billed to the Village. (c) The Engineer shall furnish to the Village of Key Biscayne upon request prints or any drawings prepared by the Engineer. The cost of such prints and other copies shall be paid by the Village of Key Biscayne as a reimbursable expense. (d) The Village of Key Biscayne shall pay the actual cost of reimbursable expenses, which are defined as follows and on Exhibit "A": 1. Soil or laboratory tests. 2. Reproduction. 3. Postage. 4. Carrier Services. 5. Aerial Photographs. 6. Digital Image Photogrammetry. Copies of invoices for reimbursable expenses will be attached with all billings. Any travel expenses shall be submitted to the Village for approval prior to their being incurred. (e) The Consultant understands that the total compensation to be paid under this contract (excluding costs) is $10,000. The Village shall not be responsible for any fees incurred in excess of $10,000 and, on each monthly bill, a total amount paid shall be shown so as to allow the Village to stay within the $10,000 total cap. 4. Completed and original drawings and specification sheets will be provided to Village of Key Biscayne upon termination of this Agreement. Copies of the completed original drawings and computer design files and master specifications sheets shall be retained by the Engineer as a record copy. The Honorable Rafael Conte Village of Key Biscayne November 26, 1991 Page 3 5. This Agreement may be terminated by either party upon seven (7) days notice in writing to the other party. The Engineer shall be paid at the agreed -upon rates for all work accomplished prior to the date of notice of termination and such work as he may perform thereafter by mutual agreement. The Contract shall be binding upon the successors and assigns of the respective parties hereto. 6. In consideration of the mutual covenants and promises by the parties hereto, it is hereby agreed that the Engineer shall furnish professional engineering and survey services and the Village shall make payment for same, in accordance with the terms and conditions as set forth in the Agreement, such work orders as may be issued from time to time by the Village, and such supplemental agreements as may be appended hereto from time to time by mutual agreement. The engineer waives any plea of jurisdiction as not being a resident of, or being located in, or doing business in Florida, and agrees that any litigation or action shall take place and be litigated in either the Circuit Court of Dade County, Florida{ or in the United States District Court for the Southern District of Florida. 7. Engineer shall provide, pay for and maintain insurance in force at all times during the services to be performed, such insurance, including Workers' Compensation Insurance, Employers' Liability Insurance, Comprehensive General Liability Insurance in an amount no less than $1,000,000, and Professional Liability Insurance in an amount no less than $500,000. The Village shall be named as an additional insured. The Engineer shall furnish to the Village within fifteen (15) days of the execution of this Agreement certificates evidencing the insurance and containing an endorsement that the policy may not be canceled or the limit lowered without ten (10) days written notice to the Village. 8. If any disputes regarding this agreement are litigated, the prevailing party shall be entitled to attorneys' fees and costs including collection expenses and prejudgment interest at the highest rate allowed by law. The invalidity of any one or more of the provisions contained in this Agreement shall not affect the enforceability of the remaining portions of this Agreement. The Honorable Rafael Conte Village of Key Biscayne November 26, 1991 Page 4 Any and all notices shall be in writing and will be deemed given if delivered by hand or certified mail. The waiver by either party of a breach or violation of any term of provision of this Agreement by the other party shall not operate nor be construed as a waiver of any subsequent breach or violation of any provision of this Agreement nor any other right or remedy. Thank you for your cooperation and if you have any questions, please do not hesitate to contact us. Please sign where indicted to acknowledge receipt and agreement of the above conditions. Very truly yours, C.A.P. Engineering Consultants, Inc. Carlos A. Penin, P.E. ACCEPTED; President CAP/ lm 300006RC.PRP Raf ae Conte, Mayor Ville, a of Key Biscayne DATE: It PIf PROFESSIONAL SERVICE FEE SCHEDULE Job_ clhs$if icatiQn Principal Hourly Re $ 80.00 Project Engineer $ 65.00 Project Architect ... $ 65.00 E/A Designer ... .... _ . $ 50.00 CAD Technician .. ...w.$ 40.00 Field Inspector $ 40.00 Administrative Assistant $ 30.00 Clerical $ 25.00 Rj burst le Expenses Photocopies $ 0_10 per Copy Blueprints (24" x'36") .. $ 0.90 per Sheet Reproducible (Sepias) $ 9.00 per Sheet Reproducible (Mylars) ... $ 15.00 per Sheet C.A.D. Plots $ 20.00 per Plot Automobile Travel $ 0.25 per M.i 1a Out -Of -Pocket . At Cost f 10% Exhibit "C"