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"