HomeMy WebLinkAboutR-87-1079J-87-1069
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RESOLUTION NO. 147 -1079
A RESOLUTION APPROVING FIVE AGREEMENTS, IN
SUBSTANTIALLY THE FORM ATTACHED HERETO,
BETWEEN THE CITY OF MIAMI AND MANUEL G. VERA &
ASSOC., INC., FERNANDO Z. GATELL P.L.S., INC.,
E. R. BROWNELL & ASSOCIATES, INC., WEIDENER
SURVEYING & MAPPING P.A. AND H.J. ROSS
ASSOCIATES, A DIVISION OF BAYMONT ENGINEERING
CO3 FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID FIVE AGREEMENTS TO PROVIDE
PROFESSIONAL SURVEYING SERVICES FOR THE 1988
CALENDAR YEAR IN CONJUNCTION WITH CITY OF
MIAMI PROJECTS WITH FUNDS THEREFOR ALLOCATED
FROM THE PROJECT EXPENSE FOR EACH INDIVIDUAL
PROJECT.
WHEREAS, the City proposes various sanitary sewer,
storm sewer, highway, park and miscellaneous projects in the
immediate future; and
WHEREAS, it is necessary for the City to engage three
large and two small land surveying firms to render professional
and technical services for the design and construction of said
projects; and
fi WHEREAS, the City can allocate funds for land surveying
�f
+; services as a project expense from the individual project expense
1 of each project; and
WHEREAS, the City Commission, by Resolution No. 87-907
on October 22, 1987, approved the selection of Manuel G. Vera &
Assoc., Inc., Fernando Z. Gatell R.L.S., Inc., and E. R. Brownell
& Associates, Inc. as the three most qualified large firms and
Weidener Surveying & Mapping P.A. and H. J. Ross Associates, a
division of Baymont Engineering Co., as the two most qualified
small firms to provide professional land surveying services for
said projects and authorized the City Manager to negotiate the
herein attached Agreements with said firms for the professional
i
#' and technical services required for the said projects and
requested that the said negotiated Agreements be presented for
formal ratification and approval;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
��e" �.
fro. -
CITY COMMISSION
MEETING OF
DEC 10 1987 r
RESOLUTION No. 87-�10 I.�
MA
of
Section 1. The City Manager is hereby authorized to
execute five agreements, in substantially the form attached
hereto, between the City of Miami and Manuel G. Vera & Assoc.,
Inc., Fernando Z. Gatell P.L.S., Inc.. E. R. Brownell &
Associates, Inc., Wei dener Surveying & Mapping P.A. and H. J.
Ross Associates, a division of Baymont Engineering Co.1to provide
land surveying services for the City of Miami projects for the
1988 Calendar year with funds therefor hereby allocated as a
project expense from each individual project funding.
PASSED AND ADOPTED this lk`th day of December 1987.
ATTEST
ATTY HIRAI, CITY CLERK
1 � —
PREPARED AND APPROVED BY:
--;� &WC
CHIEF DEPUTY CITY ATTORNEY
APPROWD AIS TO FORM & CORRECTNESS:
TY"fiiORNE
—2—
A G R E E M E N T
THIS AGREEMENT made this day of , 1987
by and between THE CITY OF MIAMI, a Municipal Corporation of the
State of Florida, hereinafter called the CITY, and H. J. ROSS
ASSOCIATES A Division of Baymont Engineering Co., a Florida for
profit corporation hereinafter called the PRINCIPAL.
R E C I T A L
WHEREAS, the CITY proposes various Sanitary Sewer, Storm
Sewer, Highway, Park and Structural Projects; and
WHEREAS, the CITY can make an allowance in the project
expense of each project to finance land survey services; and
WHEREAS, the CITY desires, to engage three large and two
small land survey firms to rend r1�ethe necessary professional and
technical services, hereinaftgr calle4/WORK, for the planning,
design and construction ph Ates of the PROJECT upon the terms,
conditions and provisiorl:5 Qhereinafter set forth; and
WHEREAS, the Commi ssi og%' of the City of Miami has by
Resolution No. 87-907, dated October 22, 1987 approved the
selection of H. J. R96S ASSOCIATES A Division of Baymont
Engineering Co., as one of the two most qualified small firms to
provide professional land survey services for the PROJECT and has
also authorized the CITY MANAGER to negotiate an Agreement with
said firm for the professional and technical services required
for the PROJECT.
NOW, THEREFORE, the CITY and the PRINCIPAL for the
considerations hereinafter set forth, agree and covenant, one
-' unto the other as follows:
SECTION I - GENERAL CONDITIONS
A. The PRINCIPAL shall proceed with all applicable
dispatch in a sound, economical, efficient and professional
manner and shall comply with the provisions of all applicable
— j Federal, State and Local laws.
A'?-10'?9
40
B. The PRINCIPAL shall perform the professional services
as hereinafter set forth and in general accordance with the
instructions of the CITY as set forth in SECTION III -
PROFESSIONAL SERVICES.
C. The PROJECT DIRECTOR shall issue written authorization
to proceed to the PRINCIPAL for each section of the WORK to be
performed hereunder as outlined in "E" below. In case of
emergency, however, the CITY reserves the right to issue oral
authorization to the PRINCIPAL with the understanding that
written confirmation will follow immediately thereafter.
D. No specific projects are designated under this
contract. The PRINCIPAL shall be issued work orders as necessary
fi
which shall cover in detail the .0'roject and the work to be
accomplished.
E. All notices or other;communYcations which shall or may
ti
be given pursuant to this Agreemer4 shall be in writing and shall
be delivered by personal s.ervic�� or by registered mail addressed
to the other party at 4
address indicated herein or as the same
may be changed from dime 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 PRINCIPAL
Public Works Department R. J. KOTs Associates
Attn: Jim Leukanech A Division of Baymont
275 N.W. 2 Street Engineering Co.
Miami, Florida 33128 8401 NW 53 Terr.
Miami, Florida 33166
F. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
G. 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.
H. 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.
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87-1079
014 00
I. Should any provisions, paragraphs, sentences, words or
phrases 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 provisions, paragraphs, sentences, words or
phrases 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.
SECTION II - DEFINITIONS
A.
CITY
- is hereby
defined
as The City
of
Miami, Florida.
B.
CITY
MANAGER - is
hereby
defined as
the
City Manager of
the CITY.
v
C. PROJECT DIRECTOR - isjhereby defined as the director of
the PROJECT appointed by the ,�JTY MANAGER.
D. PRINCIPAL - is �hAreby defined as H. J. Ross ASSOCIATES
A Division of Baymont Engineering Co., 8401 NW 53 Terrace, Miami,
Florida, 33166, phone 1591-7677y Federal Employer I.D. Number 59-
1670918.
r
E. PROJECT - is hereby defined as any construction work
contracted by the CITY or any miscellaneous department project
for which outside survey services are needed and to which the
PRINCIPAL has been assigned.
F. WORK - is hereby defined as all the professional and
technical services to be rendered or provided by the PRINCIPAL
for the PROJECT, as described in SECTION III - PROFESSIONAL
SERVICES, hereof.
G. COMPENSATION - is hereby defined as the amount of money
the CITY agrees to pay and the PRINCIPAL agrees to accept as
payment in full for all the professional and technical services
rendered pursuant to this agreement, to complete the WORK as
defined in SECTION III - PROFESSIONAL SERVICES. hereof.
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84..10!9
SECTION III - PROFESSIONAL SERVICES
A. GENERAL
1. The PRINCIPAL shall act under the direction of the
PROJECT DIRECTOR and shall, in close coordination with the CITY,
perform the following 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 and from using the best engineering/survey services and
practices.
2. The PRINCIPAL shall, in the performance of the WORK,
comply with all Federal, State and Local codes, ordinances and
regulations, pertaining to the PROJECT. Attention is invited to
the Federal Wage -Hour Law, Walsh -Healy Act, The Occupational
Safety and Health Act, The National Environmental Policy Act and
Equal Employment Opportunity Legislation.
3. Upon receipt of written authorization to proceed with
the PROJECT, the PRINCIPAL shall make arrangements to meet with
the PROJECT DIRECTOR to discuss the schedule and method of the
WORK. All formats for the WORK are to be as presently used by
the City of Miami Pubic Works Department -Survey Section unless
otherwise directed by the PROJECT DIRECTOR. This is to include
but not limited to the field books, note keeping, cut sheets,
staking etc.
4. In the performance of his WORK, the PRINCIPAL shall
observe the following:
a. Strive to complete his WORK on the PROJECT within
the time allowed by maintaining an adequate staff
of qualified employees on the WORK at all times.
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87-10'7�
b. Prepare necessary documents, if required, for
County, City, State and Federal agencies.
c. Cooperate fully with the CITY in order that all
phases of the WORK may be properly scheduled and
coordinated.
d. Report the status of this PROJECT to the PROJECT
DIRECTOR upon request, and hold his notes,
calculations, and related WORK open to inspection
at any time.
e. Submit to the PROJECT DIRECTOR one original set of
all survey field notes and any other data developed
for the purpose of performing the required
surveying work requiK64 for .this PROJECT. The
field notes shall bc4presente,A in approved Engineer
Field Books.
f. Hold himself i n Veadi ness for general consultation
and advice fro% the date of this AGREEMENT through
the completion of the PROJECT.
g. Direct his crew co"ief to make a daily wor':: report
to include information required by the PROJECT
DIRECTOR and deliver the reports on a daily basis
to the Public Works Department Survey Section.
B. SCOPE OF WORK
The PRINCIPAL'S WORK shall include but not be limited to
the following:
1. HIGHWAY - Perform topographical survey including cross
sections and related information necessary to
accomplish the design and construction phases of the
PROJECT.
2. SEWERS - Perform all layout for construction and
provide final measurements and final measurement
quantity sheets. The PRINCIPAL will be available on a
full time basis during underground construction.
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3. PARKS - Prepare survey of park for design purposes if
necessary and perform layout for construction. —
4. STRUCTURES - Perform property survey as is necessary.
S. PLATS - 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.
6. DRAFTING - Upon receipt of written authorization from
the PROJECT DIRECTOR, the PRINCIPAL shall perform
_
drafting services as required to supplement his field
1
work. Plan and profile and cross-section sheets shall
be of the best quality mylar film or cronaflex and
shall be furnished by rthe PRINCIPAL. Other standard
blank sheets with the CITY title block imprinted
thereof, will be furnished by the CITY when required.
a SECTION IV - PROJECT COMPLETAIJ TIME
When a project has T deadline date and time is of the
essence the PROJECT; DIRECTOR shall advise the PRINCIPAL and a
4
completion time shall be agreed upon.
The services to be rendered by the PRINCIPAL for each such
PROJECT shall commence within twenty-four (24) hours upon receipt
-
of notice from the PROJECT DIRECTOR and shall be completed within
the time 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
its part of the AGREEMENT as stated herein or because of weather,
A
civil disturbance or other reasons beyond the control of the
PRINCIPAL.
SECTION V - LENGTH OF AGREEMENT
This AGREEMENT shall terminate on January 1, 1999 unless
terminated as described in SECTION XIV. In the event the
PRINCIPAL is engaged in any PROJECT(S) on the above date, this
AGREEMENT shall remain in effect until completion or termination
of said PROJECT(S) or until total compensation as outlined in
t
Section VII is depleted, which ever comes first. No new work
f
orders will be issued after the above date.
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9 7-1Q79
.dak w
SECTION VI - CITY'S SERVICES AND RESPONSIBILITIES
A. The City shall make available to the PRINCIPAL for his
inspection, all plats, maps, surveys, aerials, records and other
information that the CITY has at it's disposal.
B.
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.
SECTION VII -
COMPENSATION FOR SERVICES
The
CITY
agrees to pay and the PRINCIPAL agrees to accept
for services
rendered pursuant to the PROJECT in accordance with
the terms
and
conditions of this AGREEMENT and all incidental and
3
z preliminary
work related thereto, fees in accordance with the
following
schedule:
{' A. For
the
time of a Four Man Survey Party $535 per 8 hour day
s
B. For
i
the
time of a Three•Man Survey Party $460 per 8 hour day
C. For
the
time of a Two Man Survey Party $376 per 8 hour day
D. For
E. For
i
F. For
the
the
the
time of a Draftsman. $25 per hour
time of a Su.rveyo Computer $35 per hour
time of a Principal -Surveyor $50 per hour
w
— G. For the time of a Survey Clerk $20 per hour
The above fee schedule shall include all equipment, supplies,
materials, tools and labor necessary to complete the work and
shall also be applicable to any necessary overtime work. Under
—= A, B b C above, a minimum two hours time will be paid for
cancellation of the WORK due to inclement weather or other valid
reasons after reporting to the site. The CITY retains the right,
however, to issue additional work orders as necessary to engage
the PRINCIPAL for the remainder of the day.
The total compensation by the CITY to the PRINCIPAL for
services provided under the terms of this AGREEMENT shall not
- exceed $75,000 over the period that the AGREEMENT is in effect.
SECTION YIII - PAYMENTS
The CITY will make monthly payments to the PRINCIPAL in
accordance with the fees computed as outlined in SECTION VII for
all work performed during the previous calendar months upon
receipt of duly certified invoices in triplicate to the PROJECT
DIRECTOR.
SECTION IX - SCHEDULE OF WORK
The CITY sha.l 1 have the sole right to determine which
PROJECT the PRINCIPAL is assigned and which units or sections of
the PROJECT the PRINCIPAL shall proceed and in what order.
Authorization by the CITY, through --the PROJECT DIRECTOR, shall
cover in detail the scope and ikent of the proposed surveying
services. �
On certain sewer projecqts, when directed by the PROJECT
DIRECTOR, the PRINCIPAL shoo adjust his survey crews daily
working hours to better fit the Contractor's scheduled.
SECTION X - EXTRA WORK r �'
If the PRINCIPAL is causdd�extra work or expense due to the
changes ordered after any portion of the WORK is approved by the
i
CITY, such extra WORK shall be the subject of an additional work
— 3 order.
SECTION XI - APPROVAL OF FIELD NOTES AND DRAWINGS
The CITY agrees that within thirty (30) days after delivery
to approve, reject, or return with indicated suggested revisions
or recommendations, all field notes, drawings 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 his responsibility for
his WORK. Any errors noted in the field notes or drawings
submitted by the PRINCIPAL will be corrected at no additional
cost to the CITY.
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9 7- 10 79
A11 certified surveys and other final drawings required
under this 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 Certified Surveys shall be
affixed with the Surveyors embossed Seal & Signature.
SECTION XII - 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
interests, direct or indirect, with CITY. PRINCIPAL further
covenants that, in the performance of this Agreement, no person
having such conflicting interest shall be. employed. Any such
interests on the part of PRINCIPAL �"'or its �,4mployees, 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), Dade
County Florida (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.
SECTION XIII - OWNERSHIP OF DOCUMENTS
All reports, tracings, plans, field books, survey
information maps 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 their 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 DIRECTOR.
Prints of certified surveys that are required for an
official submittal such as for building permit or tentative plat
shall be provided to the CITY as necessary affixed with the
surveyors signature and embossed seal.
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137-1079
SECTION XIV - TERMINATION AND SUSPENSION OF AGREEMENT
A. The CITY retains the right to terminate this Agreement
at any time prior to completion of the WORK without penalty to
the CITY. In that event termination of this Agreement shall be
in writing to the PRINCIPAL and the PRINCIPAL shall be paid for
services rendered in each completed calendar month prior to
termination in accordance with SECTION VII - COMPENSATION FOR
SERVICES and SECTION VIII - PAYMENTS, provided however that the
T
PRINCIPAL is not in default under the terms of this Agreement.
If, however, the termination of this Agreement occurs during an
}
incomplete calendar month, then the PRINCIPAL shall be paid for
j
services rendered on a daily basis in such incomplete month
a
provided that the PRINCIPAL is not in default under the terms of -
x
this Agreement. _
B. In the event of termination, all documents, plans,
3
etc., as set forth in SECTION XIII - OWNERSHIP OF DOCUMENTS shall
become the property of the CITY, with the same provisions of use
6
as in said SECTION XIII.
C. It is further understood by and between the parties
i
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
i'
the property of the CITY and shall not be used by the PRINCIPAL
for any other purposes whatsoever without the written consent of
i
the CITY.
SECTION XV - AWARD OF AGREEMENT
The PRINCIPAL warrants that he has not employed or retained
any company or persons to solicit or secure this Agreement, that
he has not paid or agreed to pay any company or person any fee,
commission, percentage, brokerage fee, or gifts or any other
considerations contingent upon or resulting from the award or
making of this Agreement.
10
or -IV
The PRINCIPAL also warrants that to the best of the -
knowledge and belief no Commission, Mayor or other officer or
employee of the CITY is interested directly or indirectly in the
profits or emoluments of this Agreement or the job, work, or
services for the CITY in connection with the contract or
construction of this PROJECT.
SECTION XVI - EXTENT OF AGREEMENT
This Agreement represents the entire and integrated
Agreement between the CITY and the PRINCIPAL and supercedes all
prior negotiations, representations or Agreements, either written
or oral. This Agreement may be amended only by written
instrument at the discretion of both the CITY and the PRINCIPAL.
SECTION XVII - SUCCESSORS AND ASSIGNS
The PRINCIPAL shall make no asAgnments or transfer of this
Agreement, or sublet, assign or,�transfer any part of the WORK
under this Agreement without O-e written consent of the CITY.
This Agreement shall be binkng upon the parties hereto, their
heirs, executors, legal representatives, successors and assigns.
SECTION XVIII - RIGHT TO AUDIT
The CITY reserves the right to audit records of the
PRINCIPAL pertaining to this Agreement anytime during the
prosecution of this Agreement, and for one year after final
payment is made under this Agreement. '
SECTION XIX - INDEMNIFICATION
PRINCIPAL shall indemnify and save CITY harmless from and
against any and all claims, liabilities, losses, and causes of
action which may arise out of PRINCIPAL'S activities under this
Agreement, including all other acts or omissions to act on the
part of PRINCIPAL, including any person acting for or on its
behalf, and, from and against any orders, judgments, or decrees
which may be entered and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof.
137--1079
*1
"Irl
SECTION XX - INSURANCE
The PRINCIPAL shall maintain during the terms of this
Agreement the following insurance:
A. Comprehensive General Liability Insurance in amounts
not less than $300,000.00 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
$300,000.00 covering all liability arising out of the terms of
this Agreement. The CITY will accept a Claims Made Policy with a
five year discovery clause.
C. Workers Compensation Insurance in the statutory
amounts.
All insurance policies shall be issued by companies
authorized to do business under the laws of the State of Florida;
which are approved according to specifications of the Risk
Management Division of the City of Miami.
The PRINCIPAL shall furnish certificates of insurance to
the CITY prior to the commencement of operations, which
certificates 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.
Compliance with the foregoing requirements shall not
relieve the PRINCIPAL of his liability and obligations under this
Section or under any portion of this Agreement.
SECTION XXI - RIGHT OF DECISIONS
All services shall be performed by the PRINCIPAL to the
satisfaction of the PROJECT DIRECTOR who shall decide all
questions, difficulties and disputes of whatever nature which may
arise under or by reason of this Agreement, the prosecution and
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87-1079
fulfillment of the services hereunder, and the character,
quality, amount, and value thereof, and the PROJECT DIRECTOR'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 judgement of the
PROJECT DIRECTOR as to any decision made by him, the PRINCIPAL
shall present his written objections to the DIRECTOR OF PUBLIC
WORKS and submit to the CITY COMMISSION for approval.
SECTION XXII - NON-DISCRIMINATION The PRINCIPAL shall not discriminate against any employee
or applicant for employment because of race, color, religion,_
sex, national origin, or handicap., The PRINCIPAL shall take
affirmative action to ensure that applicants are employed,
without regard to their race, Ccolor, religion, sex, national—
origin, or handicap. Suc 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. '
SECTION XXIII - 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.
SECTION XXIY - INDEPENDENT CONTRACTOR
That the PRINCIPAL and his employees and agents shall be
deemed to be an independent contractor, and not an agent or
employee of the CITY; and shall not attain any rights or benefits
under the Civil Service or Pension Ordinance of the CITY, or any
rights generally afforded classified or unclassified employees;
further they shall not be deemed entitled to Florida Worker's
Compensation benefits as an employee of the CITY.
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97-IL07'9
SECTION XXV - NON-DELEGABILITY
It is understood and agreed that the obligations undertaken
by the PRINCIPAL pursuant to this Agreement shall not be
delegated to any other person or firm unless the CITY shall first
consent in writing to the performance of such services or any
part thereof by another person or firm.
SECTION XXVI - 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
CITY, 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.
SECTION XXVII - 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.
SECTION XXVIII - MINORITY PROCUREMENT COMPLIANCE
The PRINCIPAL acknowledges that he 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.
SECTION XXVIX - AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
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R 7-10 79
A
IN WITNESS WHEREOF the parties hereto have, through their
proper corporate officials, executed this AGREEMENT, the day and
year first above set forth.
ATTEST:
ecAiryd
(SEAL)
ATTEST:
City Clerk
APPROVED AS TO CONTENT
F
epa en Public worKS
APPROVED AS TO FORM & CORRECTNESS
CIty Attorney
H. J. ROSS ASSOCIATES A Division
of Baymont Engineering Co.
BY:
Presicent
THE CITY OF MIAMI (a municipal
corporation of the State of
Florida)
B Y��
CTT—y anager
APPROVED AS TO INSURANCE REQUIREMENTS
RiSk Management
t ~J.079
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of H. J. ROSS ASSOCIATES A
Division of Baymont Engineering Co. has examined terms,
conditions, and obligations of the proposed contract with the
City of Miami for Professional Surveying 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
H. J. ROSS ASSOCIATES A Division of Baymont Engineering Co. ,
x
that the president and secretary are hereby authorized and
instructed to enter into a contract in the name of, and on behalf
t
of this corporation, with the City of Miami for Professional
Surveying Services in accordance with the contract
documents furnished by the City of Miami, and for the price and
J
upon the terms and 'payments contained in the proposed contract
t submitted by the City of'Wi afii .
IN WITNESS WHEREOF, this day of ,Neva,,-, jam, ,
e
Igs 7
1
ai
t
CHAIRMAN, Board of Directors
=s
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8 7-1079
CITY OF MIAM1, FLORIDA
10
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and
Members of the City Commission
FROM:
Cesar H. Odic
City Manager V)
RECOMMENDATION:
DATE O S i .; ��07 FILE:
SUBJECT: "Land Survey /1Services for City
of Miami Projects - 1988"
Resolution - Approving Five
Agreements and Authorizing
REFERENCES: Execution
ENCLOSURES:
It is respectfully recommended that a resolution be adopted
approving five Agreements in substantially the form attached
hereto, with MANUEL G. VERA & ASSOC., INC., E. R. BROWNELL &
ASSOCIATES, INC., FERNANDO Z. GATELL, INC., WEIDENER SURVEYING
and H. J. ROSS ASSOCIATES for land survey services in
connection with City Projects during the 1988 calendar year
and further authorizing the City Manager to execute those five
Agreements. The costs of the services to be paid from the
project expenses allocated for each project.
BACKGROUND:
—
The City is proposing to contract for a substantial amount of —
Highway, Sewer and Park construction projects in the immediate
future. The Public Works Department is insufficiently staffed —
to accomplish the survey work required for these projects and
other miscellaneous projects initiated I,y various departmcnts. The agreements with three private survey firms negotiated in
1986 expire in December, 1987 and January, 1988. It*is
necessary, therefore, to again engage private firms to provide
land survey services for the 1988 calendar year. j
In accordance with City of Miami Ordinance No. 8965 and as
authorized by Resolution No. 87-804, dated September 8, 1987,
a Competitive Selection Committee interviewed the most
qualified firms in each of the Large and Small Firm categories
who responded to its inquiry for survey services and presented
them in rank order for consideration.
R7-1079
The City Commission by Resolution No. 87-907 dated October 22,
1987 approved the selection of Manuel G. Vera & Assoc., Inc.,
Fernando Z. Gatell, Inc. and E. R. Brownell & Associates, Inc.
as the three most qualified Large firms and Weidener Surveying
& H. J. Ross & Associates as.the two most. qualified small
firms to provide land survey services for City of Miami
projects and directed the City Manager to negotiate a contract
with each firm.
The proposed resolution will approve the attached five
Agreements and authorize the City Manager to execute them.
•Attacfiments:
Proposed Resolution
Five Agreements
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