HomeMy WebLinkAboutR-03-0718J-03-561
06/20/03
RESOLUTION NO. 03— 718
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE
ASSIGNMENT OF A PROFESSIONAL SERVICES
AGREEMENT ("'AGREEMENT") FROM THE SURVEYING
AND MAPPING SERVICES FIRM OF FERNANDO Z.
GATELL, P.L.S., INC., ("GATELL") TO F.R.
ALEMAN AND ASSOCIATES, INC., ("ALEMAN") TO
PROVIDE PROFESSIONAL LAND SURVEYING AND
MAPPING SERVICES AS SET FORTH IN THE
AGREEMENT; CONFERING GATELL'S REMAINING
BALANCE OF THE NOT -TO -EXCEED CUMULATIVE
COMPENSATION OF $200,000 TO ALEMAN;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE.
WHEREAS, on or about May 13, 2002, the City of Miami
("City") entered into a Professional Services Agreement
("Agreement"), attached and incorporated, with Fernando Z.
Gatell, P.L.S., Inc. ("Gatell") to provide Professional Land
Surveying and Mapping Services, subject to a not -to -exceed
cumulative compensation of $200,000, for all work, pursuant to
Resolution No. 02-144, adopted February 14, 2002; and
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CITY COMMISSION,
MEETING O?B
JUN 2 5 2003
Resolution Na.
WHEREAS, Gatell, is being sold to F. R. Aleman and
Associates, Inc. ("Aleman") the successor in interest; and
WHEREAS, Gatell, is assigning all of its obligations,
rights, title and interest to Aleman, a firm already certified
by the City for Surveying and Mapping Services; and
WHEREAS, F.R. Aleman and Associates, Inc. desires to
acquire such rights and is willing to assume the obligations of
Gatell, under the terms and conditions of the Agreement to
provide surveying and mapping services to the City; and
WHEREAS, the Agreement cannot be assigned to another land
surveying and mapping services firm without the consent of the
City Commission; and
WHEREAS, the terms of the assignment and assumption have
been defined and agreed to by the parties subject to City
approval in an "Assignment and Assumption of Professional
Services Agreement," attached and incorporated; and
WHEREAS, the City Manager recommends the assignment of the
Agreement to Aleman to provide surveying and mapping services to
the City; and
Page 2 of 4
03- 718
WHEREAS, Gatell, and Aleman are willing to secure written
consent of the City to assign and assume the Agreement; and
WHEREAS, City Commission has agreed to confer Gatell's
remaining balance of the not -to -exceed cumulative compensation
of $200,000 to Aleman;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The assignment of an Agreement from the
surveying and mapping services firm of Gatell, to Aleman to
provide professional land surveying and mapping services to the
City, is authorized.
Section 3. Gatell's remaining balance of the
not -to -exceed cumulative compensation of $200,000 is conferred
to Aleman upon final execution of the Professional Services
Agreement.
Page 3 of 4
03- 718
Section 4. The City Manager is authorized -L' to execute
the necessary documents, in a form acceptable to the City
Attorney, for said purpose.
Section 5. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.�V
PASSED AND ADOPTED this
ATTEST:
PR SCILLA A. THOMPSON
CITY CLERK �.
APPROVED LO'T
,WDRO" VILARELLO
ATTORNEY
7325:tr:AS:BSS
n r --
day of June
1 2003.
MANUEL A. DIAZ, MA OR
V
AND CORRECTNESS
�i The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 4 of 4
03- 718
PROFESSIONAL SERVICES AGREEMENT
[Surveying and Mapping Services]
This Agreement entered into this 13 day of
2002, by and between the CITY of Miami, a Municipal
Corporation of the State of Florida, (the "CITY"), and
Fernando Z. Gatell, PLS, Inc., a State of Florida Corporation,
(the "PRINCIPAL").
WITNESSETH
WHEREAS, the CITY has scheduled a substantial number of
Projects for fiscal years for fiscal years 2002, 2003 and 2004
(the "Projects") that require Professional Surveying and
Mapping Services (the "Services"); and
WHEREAS, the Commission of the CITY of Miami, by
Resolution No. 02-144 adopted on February 14, 2002 approved
the selection of six (6) Mapping and Surveying firms to
provide Services for the Projects during the planning, design
and construction phases thereof and authorized the CITY
Manager to negotiate the terms of and execute agreements with
said firms for the provision of the Services; and
WHEREAS, the PRINCIPAL is one of the firms selected to
provide Services and the PRINCIPAL and the CITY wish to
03- 718
execute this Agreement to set forth the terms and coed_ sons
of the engagement.
NOW, THEREFORE, in consideration of the mutual covenants
set forth herein, the CITY and the PRINCIPAL agree as follows:
TERMS
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 three (3)
years, commencing on the date hereof and ending three (3)
years thereafter (the "Expiration Date"), subject, however,
to the provisions of Section 16 hereof. The CITY has the
right to extend the term hereof for an additional period of
one (1) year subject to approval and at the sole discretion
of the CITY Manager.
3. Subject Matter. This Agreement sets forth the terms and
conditions pursuant to which the CITY may request, and
PRINCIPAL shall provide, the Services, as defined in
Section 4 and 5 below, for one or more Projects. No
specific Project is designated under this Agreement. The
Project and the specific details of the Services required
to be performed by the PRINCIPAL shall be described in a
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03- 718
Work Order to be issued by the CITY in accordance wi-
Section 5.B hereof.
4. Definitions.
A. PROJECT - means the proposed improvements (new or
restoration) to a building, property, or other CITY
facility as generally designated and programmed by the
CITY or other related professional services requested by
the CITY.
B. WORK - means Services to be rendered or provided by the
PRINCIPAL for the PROJECT.
C. SERVICES - means the Basic Services and/or any other
services, as described in Section 5 hereof, to be
performed by the PRINCIPAL under this Agreement.
D. PROJECT MANAGER - means the Director of the Department
of Public Works or his/her designee.
S. Services.
A. General
i. At the CITY's request, made in accordance with Sub -
Section B below, PRINCIPAL shall perform the "Basic
Services" and/or any additional services as described
herein below. The Services may include reviewing Work
performed by other professionals or consultants or
other miscellaneous surveying and mapping services
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03- 718
that may be required in connection with a Project. ^e
Work shall be performed with all applicable dispazcr,
in a sound, economical, efficient and professional
manner and within the time and the manner required in
the Work Order.
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" or like term is used in this
Agreement, the phraseology shall in no way relieve the
PRINCIPAL from any- duties or responsibilities under
the terms of this Agreement or from using the best
professional 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
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0.3- 718
foregoing, the Federal Wage -Hour Law, Wals:-.1Ac"
The Occupational Safety and Health Act, The Americans
With Disabilities Act, The National Environmental
Policy Act and Equal Employment Opportunity
Legislation.
iv. In the performance of the Work, the PRINCIPAL agrees
to.
a. Strive to complete the Work within the time agreed
upon by maintaining an adequate staff of qualified
employees and/or sub -consultants 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 Work 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.
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03- 718
e. Submit to the Project Manager one (1) orifiina_
of all field survey field notes and any other data
developed for the purpose of performing the
required surveying Work required for the Project.
The field notes shall be presented in an approved
field book. When using data collectors, a report
and digital submission shall be provided along with
all necessary field survey information.
f. Promptly deliver to the Project Manager copies of
minutes of all relevant meetings relating to the
Project at which PRINCIPAL is present.
g. Be available for general consultation and advice at
all times during the term of the Project.
h. Direct his/her crew chief to make a daily Work
report to include information required by the
Project Manager and deliver the reports on a daily
basis to the CITY's Public Works Department Survey
Section.
v. The CITY agrees to make available to the PRINCIPAL
any site surveys, plans and other data in CITY's
possession pertaining to the Work to be performed for
the Project. The PRINCIPAL shall be responsible to
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3 - "718
make his/her own site investigations inc=u i c
locations of existing utilities.
B. Requests For Services.
i. Except 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 issue 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
Project and each section of the Work to be performed
by the PRINCIPAL and the 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 the Budget, estimated
amount of compensation, Project schedule and deadline,
and the schedule and scope of the Work. All formats
for the Work are to be as presently used by the CITY
of Miami Public Works Department, unless otherwise
directed by the Project Manager. This is to include
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but not be limited to pians, specifications an_z
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, then 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 (24)hours
upon receipt of the Notice to Proceed and shall be
completed within the time agreed upon as shown in the
Work Order.
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.
C. Scope of Services: PRINCIPAL shall provide surveying
and mapping services to include, but not limited to:
i. Photogrammetric control;
ii. The monumentation and remonumentation of property
boundaries and subdivisions;
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18
iii. The measurement and preparation of plans show—,
existing improvements after construction;
iv. The layout of proposed improvements;
v. The preparation of descriptions for use in legal
instruments of conveyance of real property and
property rights;
vi. The preparation of subdivision planning maps and
record plats;
vii. The determination of, but not the design of, grades
and elevations of roads and land in connection with
subdivisions or divisions of land;
viii. The creation and perpetuation of alignments
related to maps, record plats, field note records,
reports, property descriptions and plans and drawings
that represent them;
ix. Regarding highways, the PRINCIPAL shall perzorm
topographical surveys including cross sections and
related information necessary to accomplish the design
and construction phases of the PROJECT;
x. Regarding sewers, the PRINCIPAL shall perform all
layout for construction and provide final measurements
and final measurement quantity sheets and the
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�3-
PRINCIPAL shall be available on a full time rasis
during underground construction;
xi. Regarding parks, PRINCIPAL shall prepare surveys of
the parks for design purposes if necessary and perform
layout for construction;
xii. Regarding structures, the PRINCIPAL shall perform
property surveys as necessary;
xiii. Regarding plats, PRINCIPAL shall follow state and
local laws and ordinances necessary to provide
tentative and final plats of CITY properties with
additional requirements when directed by the Project
Director;
xiv. Regarding drafting, PRINCIPAL shall upon receipt of
written authorization from the Project Director,
perform drafting services as required to supplement
the field Work; plan and profile and cross-section
sheets shall be of- the best quality mylar film or
cronaflex and shall be furnished by the PRINCIPAL;
other standard blank sheets with the CITY title block
imprinted thereof will be furnished by the CITY when
required.
6. Project Completion Time. The Work shall be performed
within the time allocated to each phase thereof and shall
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718
1n
be completed within the time agreed upon. A reascna-'-l-
extension of the Work time will be granted in the event c-
a delay caused by the CITY's failure to fulfill its part of
the Agreement as herein required or by other reasons, such
as weather, beyond the control of the PRINCIPAL.
7. Extension of Expiration Date. In the event the PRINCIPAL
is engaged in any Project(s) on the Agreement Expiration
Date, then this Agreement shall remain in effect until
completion or termination of said Project (s) No new Work
Orders shall be issued after the Expiration Date unless
extra Work is required as described in Section 12 below.
8. CITY's Services and Responsibilities. The CITY shall make
available to the PRINCIPAL for its inspection, all plats,
maps, surveys, aerials, records and other information
regarding the Project that the CITY has as its disposal.
The CITY shall furnish the use of a field office for each
PROJECT during the construction phase when said field
office is to be provided under the construction contract.
9. Compensation. Compensation shall be based on a "Fixed
Fee" or a "Not to Exceed Fee", as described hereunder,
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
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contrary, the CITY and the PRINCIPAL agree that :.he
compensation permitted for all Work under this Agreement
shall not exceed the sum of $200,000.
A. FIXED FEE:
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 FEE: If 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 the following categories. The Hourly Rate
for each category, as shown below, includes all
equipment, supplies, materials, tools, labor, wages,
taxes, insurance, benefits, overhead and profit and
shall be applicable to any necessary overtime Work.
With regard to four and three man survey parties, a
minimum of two (2). hours time will be paid for
cancellation of the Work due to inclement weather or
other valid reasons after reporting to the sites.
Category Rates
Four Man Survey Party $128.50
Three Man Survey Party $113.44
G.P.S. Four Man Survey Party w/
G.P.S. Equipment $159.50
G.P.S. Three Man Survey Party w/
G.P.S. Equipment $137.50
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Draftsperson $40.00
Surveyor -Computer $50.00
Principal -Surveyor $75.00
Cadd Operator $50.00
Administrative (Billing/Reports) $35.00
Clerical (Filing/Word Processing) $25.00
10. Payments of Compensation. Compensation 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 thirty (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 to date.
D. Amount previously billed.
E. Amount of invoice.
F. Summary of Work done during the billing period.
G. Invoice number and date.
11. Schedule of Work. 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. Extra Work Expenses. If the PRINCIPAL has incurred extra
Work or expense due to changes ordered by CITY after any
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13
portion of the Work is approved by the CITE', then_ the
payment for such extra Work shall be the subject c- 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 of the PRINCIPAL.
13. Approval by CITY. Whenever the CITY is required to
approve, give its comments to, or reject any document or
drawing submitted to it by PRINCIPAL, the CITY agrees to do
so within thirty (30) days following its receipt of such
document or drawing. Such approval, revisions or
recommendations by the CITY shall not relieve the PRINCIPAL
of its responsibility for the Work. The PRINCIPAL shall
correct any errors noted in the or drawings at no
additional cost to the CITY.
14. Conflict of Interest.
A. PRINCIPAL covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal
financial interest, direct or indirect, with CITY.
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PRINCIPAL further covenants that, in the performance c_
this Agreement, no person having such conflict_'ng
interests shall be employed. Any such interests on the
part of PRINCIPAL or its employees, must be disclosed in
writing to 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, and agrees
that it shall fully comply in all respects with the
terms of said laws.
15.Ownership of Documents. All reports, tracings, drawings,
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 Project
Manager.
16.Termination and Suspension of Agreement.
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A. The CITY retains the right to terminate this Aareemen-z
at any time prior to the completion of the Work withou_
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, that the
PRINCIPAL is not in default under the terms of this
Agreement and as set forth in Section 27 hereof.
B. In the event of termination, all documents, developed by
PRINCIPAL under this Agreement shall become the property
of the CITY, with the same provisions of use as set
forth in Section 14 hereof.
C. It is further understood by and between the parties that
any information, contract documents, plans, 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 Agreement. The PRINCIPAL warrants 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,
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brokerage fee, or gifts or any other consider atic:
contingent upon or resulting from the award or making cf
this Agreement. The PRINCIPAL also warrants that to the
best 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 this
Agreement or the Work.
18.Entire Agreement_ This Agreement represents the entire and
integrated agreement between the 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. Successors and Assigns. This Agreement shall be binding
upon the parties hereto and their respective heirs,
executors, legal representatives, successors and assigns.
20. Right to Audit. The CITY reserves the right to 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:
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o3- 718
A. Comprehensive General Liability Insurance in amounts nc�
less than $1,000,000.00 Combined Single Unit for bodil}
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 Insurance 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
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
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shall clearly indicate that the PRINCIPAL has cbtained
insurance in the type, amount and class ificazion 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 not
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
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's 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 the event that the PRINCIPAL does not concur in the
judgment of the Project Manager as to any decision made by
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him, the PRINCIPAL shall present his written objectic:a
the CITY Manager.
23.Non-Discrimination. 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. Construction of Agreement. 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. Independent Contractor. The PRINCIPAL and its employees
and agents and any sub -consultants and its employees and
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t' "1 718
agents, shall be deemed to be Independent Contractors an---
not
n-not agents or employees of the CITY; and shall not attain
any rights or benefits under the Civil Service or 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. Non-Delegability. 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's 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.
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28. Contingency Clause. Funding for this Agreement Is
contingent on the availability of funds and continued
authorization for program activities 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 Compliance. The PRINCIPAL
acknowledges that it has been furnished a copy of 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. Indemnification. The PRINCIPAL covenants and agrees that
it will indemnify and hold harmless the CITY, its officers,
and employees from any and all claims, losses, damages,
costs, charges or expenses arising out of or in connection
with the negligent acts, actions, or omissions of the
PRINCIPAL or any of its officers, agents, employees or sub -
consultants, whether direct or indirect, provided, however,
that PRINCIPAL shall not be liable under 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
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herein is not limited by reason of any partic;:lar 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 to 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.
CITY OF MIAMI:
City Manager
444 S.W. 2nd Avenue
Miami, Florida 33130
Public Works Department
Attn: John H. Jackson
444 S.W. 2nd Avenue
Miami, Florida 33130
(305) 416-1223
City Attorney
444 S.W. 2nd Avenue
Suite 945
Miami, Florida 33130
PRINCIPAL:
Fernando Z. Gatell PLS, Inc.
Attn: Fernando Z. Gatell
1700 SW 57`h Avenue, Suite 200,
Miami, FL 33155
(305) 264-4528
32.Amendments. No amendments to this Agreement shall be
binding on either party unless in writing and signed by both
parties.
TA:LandSurveyMappingFernandoGatellPLS 23
33.Miscellaneous Provisions.
A. Title and paragraph headings are for converienz
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
rule.
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 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
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 deemed severable, and in
either event, the remaining terms and provisions of this
Agreement shall remain unmodified and in full force and
effect.
TA:LandSurveyMappingFernandoGatellPLS 24 0 3— 718
IN WITNESS WHEREOF, the parties hereto have throuch
their proper corporate officials, executed this
Agreement, the day and year first above set forth
Fernando Z. Gatell, PLS, Inc.
a Florida Corporation
ATTEST:
By:
Corporate Secretary Fernando Z. Gately
President
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTTST :
PRISCILLA A. THOMPSON
City Clerk
AP21MVED AS T0-6aNTENT :
JQKN H . JACKSON
Director
Department of Public Works
APPROVED T ORM
CORREZ-
'.55
N�
AM E P _ EZ
-`City Manager
AlWorney "Ri
Jiegq
or_ • vv'nrD n n n .a.... n ..
APPROVED AS TO INSURANCE
REQUIREMENTS: 1
�j 7d�vj
fE WELL$R. Actino c t o r
Management '
03- 718
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of FERNANDO Z. GATELL, PLS, INC. has examined
terms, conditions, and obligations of the proposed contract with the City of Miami for Professional
Surveying and Mapping Services.
WHEREAS, the Board of Directors at a duly held corporate meeting have considered the
matter in accordance with the by-laws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
FERNANDO Z. GATELL, PLS, INC., that the president and secretary are hereby authorized and
instructed to enter into a contract in the name of, and on behalf of this corporation, with the City of
Miami for Professional Surveying and Mapping Services, in accordance with the contract documents
furnished by the City of Miami, and for the price and upon the terms and payments contained in the
proposed contract submitted by the City of Miami.
IN WITNESS WHEREOF, this 16 April, 2002
CHAIRMAN, Board of Dire=ctors
ell
< e/ � �1
President
«Firm_Secretaryo
Secretary
03'- 718
N
CITY OF MIAMI, FLORIDA CA=6
INTER -OFFICE MEMORANDUM
TO: The Hon Mayor Members
f the ity Commi io
v \
FROM: J e Arriola
ity Manager
DATE: JUN 16 M3 FILE:
SUBJECT: Assignment and Assumption
of Professional Land Surveying
and Mapping Agreement
REFERENCES:
ENCLOSURES: Four ( 4 )
It is respectfully recommended that the City Commission adopt the attached
Resolution authorizing the City Manager to execute an Assignment of
Professional Services Agreement from the Fernando Z. Gatell, P.L.S., Inc. to
F. R. Aleman and Associates, Inc. to provide Professional Land Surveying and
Mapping Services to the City.
BACKGROUND
On or about 13th day of May, 2002 the City of Miami and Fernando Z. Gatell,
P.L.S., Inc. entered into Agreement for Professional Land Surveying and
Mapping Services, under Resolution 02-144 attached, subject to not -to -exceed
cumulative fee of $200,000. Fernando Z. Gatell, P.L.S., Inc. has been sold
to F. R. Aleman and Associates, Inc. F. R. Aleman and Associates, Inc. is
the successor in interest and desires to acquire the rights and is willing
to assume the obligations of Fernando Z. Gatell, P.L.S., Inc. under the
aforementioned Professional Services Agreement to provide surveying and
mapping services to the City.
An Assignment and Assumption of Professional Services Agreement has been
prepared and requires the consent of the City. The City Manager recommends
the Assignment of this Agreement to F. R. Aleman and Associates, Inc. If
approved, only the remaining amount of the not -to -exceed cumulative fee of
$200,000 limit will be allocated to F. R. Aleman and Associates, Inc.
Fiscal Impact: No impact.
JAJJCCITA/ta
Enclosures: Resolution for Assignment and Assumption
Resolution 02-144
PSA - Fernando Z. Gatell, P.L.S., Inc.
Assignment and Assupmtion of professional Services Agreement
C: Fernando Z. Gatell, P.L.S., Inc. Professional Agreement file
03- 718
n i-zTCYJ�G V= - 940 1 r l..-tKK!= Ut-r I . 3ti� 1010 F
J-02-111
2/4/02
RESOLUTION NC. 0 144
A RESOLUTION OF TRE MIAMI CITY COMMISSION,
WITH ATTACHMENT, ACCEPTING THE RECOMENDATION
OF THE CITY MANAGER TO APPROVE THE FINDINGS
OF THE SELECTION COMMITTEES, PURSUANT TO
REQUEST FOR PROPOSA.:,S, FOR THE MOST QUALIFIED
.IRMS TO PROVIDE PROFESSIONAL SERVICES FOR
PUBLIC WORKS CATEGORY "B" DESIGNAT'ED PROwECTs
FOR 2002 THROUGH 2004 LISTED BY SPECIALTY 7-N
RANK ORDER; AUTHORIZING THE CIT.' MANAGER TO
NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES
AGitEEMENTS WITH EACH FIRM IN AN AMOUNT NOT TO
EXCEED THE AMOUNT INDICATED IN ATTACHMENT ""A"
FOR EACH SPECIALTY FOR EACH FIRM; ALLOCATING
FUNDS FROM INDIVIDUA?' PROJECT ACCOUNTS.
BE IT RESOLVED IBY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section {. The recommendation of the City Manager to
approve the findings of the selection committee, pursuant to
Request for Proposals, as to the most qualified firms to provide
professicnal engineering construction management services for
Public Works Category "B" designated projects for 2002 through
2C04, listed herein in rank order, are accepted:
1. The Corradino Group, Inc.
2. Nova Consulting Inc.
3. Marlin Engineering Inc.
4. Civil-Cadd Engineering Inc.
5. CES Consultants, Inc. (ALTERNATE)
6. PHS&J (ALTERNATE)
,. ... r 1. !R• ... w . T - .� .• ...
10
s
CITY CDIOSSION
yI== OF
I FEB 14 2002
8emt� �
03- 718
U=4b C:7Y CLE�:S OFF 1i E ff- ?5S
section2.
T::e recommendation of the City Manage -
to approve the findings o, the selection cormittee, purs-.:ant
:o Request for Proposals, as to the most. qualified firm: to
provide professional ADA requirement services for Pubic
Works Category "B" designated projects for 20C2 through
2004, listed hereinin rank order, are accepted:
1. PBS &IT
2. R 0 Architects + Planners, Inc.
3. Gur=_ Mat -ate, P. A. (ALTERNATE)
Section 3. The recommendation of the C=ty Manager tc
approve the findings of the selection committee, pursuant to
Request for Proposals, as to,the most qualified firms to provide
Professional architectural engineering services for Public Works
Category "B" designated projects for 2002 through 2004, listed
herein in rank order, are accepted:
C55A Southeast, Inc. (C.A.P. Eng. Cons,;ltants, Inc.)
2, :ndigo Service Corporation
Section 4. The recommendation of :he City Manager t--
approve
c
approve the findings of the selection committee, pursuant* to
Request for Prcposals, as to the most qualified firms to provide
professional architecture services for Public Works Category "B"
designated projects for 2002 through 2004, listed herein in rank
order, are accepted:
1. Gurr= Matute PA
2. Zyscovich, Inc.
S. R.J. '_-seisenbottle Architects, P.A.
4. R.E. Chisholm Architects, Inc.
5. Bernello, Ajami! « Partners, Inc. (ALTEP,NATE)
5. PBSJ (ALTERNATE)
Page 2 of 7
03- 718
�n -cam-cc+c:c YJ7 • ti r 1. ♦ t l,�C'[h.= Ur -r- 1 �-C _SOt ;r_>L� 1617 F. C14
Section. S. The recor:z-nendation of the City Manager tc
approve the findings of the selection conrit:ee, pursua:t :o
Request for Proposals, as to the most qual;.fied firms tc provide
p=ofessiona_ environnnental engineering services for Public Wcrks
Category "B" designated projects for 2002 through 2004, listed
herein in rank order, are accepted:
1. ATC Group Services Inc.
2. H.J. Ross Associates, Inc.
3. URS Corporation
4. BNO Engineers, Inc.
5. Nova Consulting Inc. (ALTERNATE)
6. Consulting Engineering & Science, Inc. (ALTERNATE)
Section 6. she recommendation of ;.he City Manager to
approve the findings of =he selection committee, pursuant to
Request for ?=oposals, as to the most qualified firms :,o provide
orcfessior_al general engineering services for Public Works
Category "S" designated projects for 2002 through 2004, listed
here -in in rank order, are accepted:
i . 'r'.. J. Ross Associates, inc.
2. Kunde, Sprecher & Asso-ciates, Inc.
3. Metric Engineering, Inc.
4. PBS&J
S. Marlin Encineering, Inc.
6. PHS Engineering Corp.
7. URS Corporat_on (ALTERNATE)
S. Kimley-::orn and Associates, Inc. (ALTERNATE)
Section 7. The reconurendation of the City Manager to
approve the findings of Lhe selection co,=ittee, pursuant to
Request for Proposals, as to the most quali-fied firms to provide
Page 3 of 7
02- 144
>�--
718
iii-crcr�rrc YJ7••tr �. I r k_L_tr1:5 urr-I.c
professional landscape architecture services for Pubii-_ W;;rks
Cazegory "B" designated projects for 2002 through 2004, lis -ed
herein in rank order, are accepted:
_ . Falcon & Bueno
2. Curtis & Rogers Design Studio, Inc.
3. Kimley-Horn and Associates, Inc.
4. EDAW, In-. (ALTERNATE)
Section 8. .The recomr.•_endation of the City Manager to
approve the findings of the selection committee, pursuanz -:;o
Request for Proposals, as to the mcsz qualified firms to provide
professional mechanical engineering services for Public Works
Category "B" designated projects for 2002 through 2004, listed
herein in rank order, are accepted:
Louis J Aguirre & Associates, P.A.
2. Johnson, Hernandez Associazes Inc.
?. Gartek Engineering Corporatio=l (ALTERNATE)
Section 9. The reco=,endation of the City Manager to
approve the findings of the selection couLmittee, pursuant to
Request for Proposals, as to the most qualified firms to provide
professional structural engineering services for Public Works
Category "B" designated projects for 2002 through 2004, listed
herein in rank order, are accepted:
1. San Martin. Associates, Inc.
2. Avart, Inc.
3. EAC Consulting, Inc.
Section 10. The recommendation of the City Manager to
approve the findings of the selection_ committee, pursuant to
Request fcr Proposals, as to the most qualified firms to provide
03- 718
Page 4 of 7
irn--cam cc+uc a+ -I•-+.
urrttx
_10=� tst�b
lbld F.0t-
professional
surveying and
mapping services
for Puh_ic
Works
Category "B" designated projec:.s _'or 2002 through 2004, listed
herein in rank order, are accepted:
1. PBS&J
2. Fernando Z. Gatell P. L. S., Inc.
3. Weidener Surveying and Mapping, P. A.
4. Craven Thompson & Assoc:.ates, Inc.
5. Williams, atf-eld & Stoner, Inc.
6. Leiter, Perez & Associates, Inc.
Section 11. The recommendation of the City Manager to
approve the findings of the selection committee, pursuant tc
Req-uest fcr Proposals, as to the most qualified firms 4o provide
professional value analysis and cost estimate services for Public
Works Category "B" designated projects for 2002 through 2004,
listed herein in rank order, are accepted:
I. A2 Group, Inc.
2. FBS&3
3. Grace & Naeem Uddin (ALTERNATE)
Section 12. The reco=erdation of -he City Manager to
approve the findings of the selection committee, pursuant to
Request for Proposals, as to the most qualified firrr, to provide
professional: air condimionirg services for Public Works Category
"3" designated prc3ects for 20C2 through 2004, listed 'herein is
accepted:
=. Grace & Naeem Uddin
Sect::on 13. The recommendation of the City Manager to
approve the findings of the selection committee, pursuant to
RegL:est for Proposals, as to the most qualified f-rm to provide
Page 5 of 7
02- #44
I- 718
:n t -cam crwc KJ� • 14 r l 1 r u,trKKZD Ur- r- i
pro`essional life safety services for Public Works Category "3"
designated project: for 2002 through 2004, listed herein is
accen-ed:
1. Gt.rri Matute, ?.A.
Section. 14. The recommendation of the City Manage= to
approve the findings of the selection committee, p•-,rsuant tc
Request for Proposals, as to the most qualified firms to pro„>_de
professional roofing services for Public Works Category "3”
designated projects for 2002 through 2004, listed herein in rank
order, are accepted:
1. Building Diagnost.cs Associates, PA
2. _International Logistics Group
Section 15. The City Manager is authorized!' to negotiate
and execute Professional Services Agreements, in a forr.
acceptable to the City Attorney, with eac- firm. in an amount not
to exceed t -he amount indicated in Attachment "A" for each
specialty for each firm, with funds allocated from individual
project accounts.
-' The herein authorization is`urtrer om to subject subj
3 cp ;iaace with a.l
recuiremen_s that may be imposed by the city Attorney, irclud-ng but not
'limited to those prescribed by applicable City charter and Code
provisions.
Page 6 of 7 Ing"M
►�—
7its
m c.cr�r c W.? • •+o ur r 1 =t-6 1510 F . E_
Section 16. Th;s Resolution stall become effective
immediately upon its adoption and signat,_,re o: the Mayor."
PASSED AND ADO?TED mhis 14th day of February 2002,
-e
WUEL A. DIAZ, VIA
ATTEST:
Syly Scheider
Acting City,.Alerk
A= PRO A,-.*//T'0_XdRM AND CORRECTNESS : tl
WJANDRO VIL
TY ATTORNEY
W5975:LB
=� If =he Mayo: does not sign this Resolution, ;t shall become effective at
the and.of tar. oalendar days trona the date it was passed and adopted. If
t^e Mayor vetoes this Resolu-ion, it scall become efiective _:-mediately
Upon override o. -he veto by the City CormrLission,
Page 7 of 7 03- 718
02w- 144
1'IM T-G7-GF�10c n� 4G [-ill ULt:W_` Ur F I CE 305 358 161a P. G6
AT:ACHMF,NT "A"
ENGINEERING CONSTRUCTION MANAGEMENT: S6C0,000
ADA (DISABLE REQUIREMENTS): $I00,000
ARCHITECTURAL -ENGINEERING SERVICES (Building & Zoning): -$6C0,000
ARCHITECTURE: $600,000
ENVIRONMENTAL ENGINEERING: $600,000
'GENERAL ENGINEERING: $700,000
LAN:)SCAPE ARCHI'T'ECTURE: $400,000
MECHANICAL ENGINEERING: $200,000
STRUCTURAT ENGINEERING: $200,000
SURVEYING AND MA?PING: $200,000
VALUE ANALYSIS AND COST :ESTIMATE: $200,000
AIR CONDITIONING: $200,000
=:FE SAFETY: $200,000
ROOFING: $200,000
7
TOTAL P.09