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HomeMy WebLinkAboutR-86-0911f J-86-934 10/28/86 RESOLUTION NO. A RESOLUTION APPROVING THREE AGREEMENTS, IN SUBSTANTIALLY THE FOPM ATTACHED HERETO, BETWEEN THE CITY OF M,IAMI AND MANUEL G. VERA & ASSOC,, INC., METRIC FNGINEFPJNG, INC. AND CAMPANILE h ASSOCIATES, INC. AND FURTHER AUTHORI71NG THE CITY MANAGER TO EXECUTE SAID THREE AGREEMENTS TO PROVJDE PROFESSIONAL SURVEYING SERVICES OVER A ONF FFAP PERIOD IN CONJUNCTION WJTH 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 Engineering Land Surveying firms to render professional and technical services for the design and construction of said projects; and WHEREAS, the City can allocate funds for land surveying services as a project expense from the individual project expense of each project; and WHEREAS, the City Commission, by Resolution No. 86-819 on October 7, 1986, approved the selection of Manuel G. Vera do Assoc., Inc., Metric Engineering, Inc., and Campanile and Associates, Inc., as the three most qualified firms to provide professional land surveying services for said projects and authorized the City Manager to negotiate the herein attached Agreement. with said firms for the professional 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: 'T COMMISSION MEETING OF NOV 13 1986 86-91 IN No. 1. Section 1. The City Manager is hereby authorized to execute three agreements, in substantially the form attached hereto, between the City of Miami and Manuel G. Vera & Assoc., Inc., Metric Engineering, Inc. and Campanile and Associates, Inc. to provide Land Surveying services for the Gity of Miami projects over a one 3 period with funds therFfrlr hereby a]]ocated as e project expense from each individual project:, funding. PASSED AND ADOPTED this 13day of N_QvQ-MbE'r 1986. PREPARED AND APPROVED BY: CHIEF DEPUTY CITY ATTORNEY APPR V AS T ORM & CORRECTNESS: WV1A A• Yvvvaa a. ••a�a CITY ATTORNEY *NOTE: The City Commission modified its original intent and approved the execution of a one-year agreement, rather than for a six month period as previously stipulated in R-86-819. { t 86-911 t. A G R E E M E N T THIS AGREEMENT made this day of , 1986 by and between THE CITY OF MIAMI, a Municipal Corporation of the State of Florida, hereinafter called the CITY, and MANUEL G. VERA & ASSOCIATES, INC., hereinafter called the PRINCIPAL. W I T N E S S E T H 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 land survey firms to render the necessary professional and technical services, hereinafter called WORK, for the planning, design and construction phases of the PROJECT upon the terms, conditions and provisions hereinafter set forth; and WHEREAS, the Commission of the City of Miami has by Resolution No. 86-819, dated October 7, 1986 approved the selection of MANUEL G. VERA & ASSOCIATES, INC., as one of the three most qualified 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 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 Federal, State and Local laws. 86'1111141 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 will issue written authorization to proceed to the PRINCIPAL. for each section of the work to be performed hereunder. In case of emergency, 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 will be issued work orders as necessary which shall cover in detail the project and the work to be accomplished. 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. C. PROJECT DIRECTOR - is hereby defined as the director of the PROJECT appointed by the CITY MANAGER. D. PRINCIPAL - is hereby defined as MANUEL G. VER & ASSOCIATES, INC., 8356 S.W. 40 Street, Suite H, Miami, Florida, 33155, phone 221-5324. Federal Employer I.D. Number 59-1741639• 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. 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, out sheets, 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. 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 required for this PROJECT. The field notes shall be presented in approved Engineer Field Books. f. Hold himself in readiness for general consultation and advice from the date of this AGREEMENT through the completion of the PROJECT. g. Direct his crew chief to make a daily work 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. - 4 - 86-91.1 2. SEWERS - Perform all layout for construction and provide final measurements. The PRINCIPAL will be available on a full time basis during underground construction 3. PARKS - Prepare survey of park for design purposes if necessary and perform layout for construction. 4. STRUCTURES - Perform property survey as is necessary. 5• PLATS - Follow state and local laws and ordinances necessary to provide a final plat 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 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. SECTION IV - PROJECT COMPLETION TIME The services to be rendered by the PRINCIPAL for each PROJECT shall commence within twenty-four (24) hours upon receipt of written notice from the PROJECT DIRECTOR subsequent to the execution of this AGREEMENT and shall be completed within the time stated in the Work Order. 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, civil disturbance or other reasons beyond the control of the PRINCIPAL. SECTION V - LENGTH OF AGREEMENT This AGREEMENT shall remain in effect for six months after i the date of this AGREEMENT unless terminated as described in SECTION XIV. In the event the PRINCIPAL is engaged in any PROJECT(S) on the above car-t.e, this AGREEMENT shall- remain in effect until completion or termination of said PROJECT(S) or until total. compensation as outlined in Section VII is depleted, Which ever comes first. No new work orders will be issued after the six month period. 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 preliminary work related thereto, fees in accordance with the following schedule: A. For the time of a Four Man Survey Party $480 per 8 hour day B. For the time of a Three Man Survey Party $430 per 8 hour day C. For the time of a Two Man Survey Party $360 per 8 hour day D. For the time of a Draftsman $18 per hour E. For the time of a Surveyor -Computer $27 per hour F. For the time of a Principal -Surveyor $hO per hour The above fee schedule shall include all equipment, supplies, materials, tools and labor necessary to complete the work except as noted in SECTION XXVIII. tinder A, B & C above, a minimum two hours time will be paid for cancellation of the WORK due to inclement weather cr 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. - 6 - 86-911 The total compensation by the CITY to the PRINCIPAL for services provided under the terms of this AGREEMENT shall not exceed $100,000 over the period that the AGREEMENT is in effect. SECTION YIII PAYMENTS The CITY will make monthly payments to the rPINCIPAL 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 shall 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, in writing, shall cover in detail the scope and intent of the proposed surveying services. SECTION X - EXTRA WORK If the PRINCIPAL is caused extra work or expense due to the 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. — 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 er,ors noted in the field notes or drawings submitted by the PRINCIPAL will be corrected at no additional cost to the CITY. All 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 b Signature. SECTION X11 - NOTICES Any notices, or other written communications from the PRINCIPAL to the CITY shall be considered delivered when posted by certified mail or delivered in person to the PROJECT DIRECTOR. Any notice, drawings, or other communication from the CITY to the PRINCIPAL shall be considered delivered when posted by certified mail to the PRINCIPAL at the last address left on file with the CITY, or delivered in person to said PRINCIPAL or his authorized representative. 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. 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 - 8 - il 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 YIII -- PAYMENTS, provided however that the 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 services rendered on a daily basis in such incomplete month provided that the PRINCIPAL is not in default under the terms of this Agreement. B. In the event of termination, all documents, plans, etc., as set forth in SECTION XIII - OWNERSHIP OF DOCUMENTS shall become the property of the CITY, with the same provisions of use as in said SECTION XIII. 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. 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 nay 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. 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. - 9 - during the period of this The PRINCIPAL shall not engage Agreement the services of any professional or technical person I who has been Pt any time during the period of this Agreement in the employ of the CITY. i The PRINCIPAL is aware of the conflict of interest law of i both the City of Miami and Dade County, Florida, and agrees that ' he shall fully comply in all respects with the terms of said f i laws. i SECTION XVI - EXTENT OF AGREEMENT i i This Agreement represents the entire and integrated Agreement between the CITY and the PRINCIPAL and supersedes all prior negotiations, representations or Agreements, either written i 1 or oral. This Agreement may be amended only by written 1 I instrument at the discretion of both the CITY and the PRINCIPAL. i SECTION XVII - SUCCESSORS AND ASSIGNS i The PRINCIPAL shall make no assignments or transfer of this i a Agreement, or sublet, assign or transfer any part of the WORK under this Agreement without the written consent of the CITY. This Agreement shall be binding upon the parties hereto, their I heirs, executors, legal representatives, successors and assigns. SECTION XVIII - RIGHT TO AUDIT The CITY reserves the right to audit records of the t PRINCIPAL pertaining to this Agreement anytime during the 3 prosecution of this Agreement, and for one year after final i payment is made under this Agreement. SECTION XIX - INDEMNIFICATION The PRINCIPAL shall indemnify and save the CITY harmless from any and all claims, liability, losses and causes of action arising out of error, omission or negligent act of the PRINCIPAL, its agents, servants, or employees in the performance of services under this Agreement. 10 - 4 i s The Principal shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the CITY when applicable, and shall pay all costs including at.torneys's fees and judgements which may issue thereon. SECTION XX T 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 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. i All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida; i which are approved according to specifications of the Risk _i Management Division of the City of Miami. The PRINCIPAL shall furnish certificate 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 i 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. I 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 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, or national origin. The PRINCIPAL shall take affirmative action'to ensure that applicants are employed, without regard to their race, color, religion, sex, or national origin. 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. 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. 12 w 86-91 1 SECTION XXIV - INDEPENDENT CONTRACTOR That the PRINCIPAL and his employees and agents shall be deemed to he an independent contractor, and not an agent or employee of the :�ITY; and shal] 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 he/she shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the CITY. SECTION XXV - NON-DELEGAFIILITY 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 - WAIVER No waiver of any provision hereof shall be deemed to have been made unless such waiver be in writing signed by the City. The failure of the City of Miami to insist upon the strict performance of any of the provisions or conditions of this Contract, shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. 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 - PAYMENT FOR ADDITIONAL SUPPLIES Payment for the purchase of supplies and/or rental of equipment not usually associated with general survey work will be made by the City on a direct cost reimbursement basis, providing that written approval is first obtained from the City. - 13 - 86-911 IN WITNESS WHEREOF the parties hereto have, through their proper corporate officials, executed this AGREEMENT, the day and year first above set forth. ATTEST: MANUEL G. VERA & ASSOCIATES, INC. --Secretary (SEAL) ATTEST: y Clerk APPROVED AS TO CONTENT Department of Public Works APPROVED AS TO FORM & CORRECTNESS BY: President THE CITY OF MIAMI (a municipal corporation of the State of Florida) BY: City Manager City AEtorney APPROVED AS TO INSURANCE REQUIREMENTS --rr3k Management • is CORPORATE RESOLUTION WHEREAS, the Board of Directors of has examined terms, conditions, and obligations of the proposed contract with the City of Miami for 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 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 , 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 day of , 1986. CHAIRMAN, Board of Directors CITY OR MIAMt. Ft.oR10,4 INTER -OFFICE MEMORANDUM 36 1O Honorable Mayor and DATENOV 51986 Members of the City Commission SU&JECT: Resolution - Approving and Authorizing Execution of Agreerrent.s for Land Survey rROM REFEREMCEeervices on City of Miami Cesar H. Odio Projects - 10,86 City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution approving three Agreements in substantially the forms attached hereto, with MANUEL G. VERA & ASSOC., INC., METRIC ENGINEERING, INC., AND CAMPANILE AND ASSOCIATES, INC. for land survey services in connection with City Projects over a six month period and further authorizing the City Manager to execute those three Agreements. The costs of the services to be paid from the project expenses allocated for each project. BACKGROUND: The Department of Public Works has evaluated and presented to the City Commission at its meeting of June 12, 1986, the need to engage qualified firms to provide land surveying services for a substantial amount of Highway, Sewer, Parks and miscellaneous projects in the immediate future. The Public Works Department is insufficiently staffed at this time to accomplish all the survey work required for these projects. The two year agreements with four Survey firms negotiated in 1984 have now expired. In accordance with City of Miami Ordinance No. 8965 a • Competitive Selection Committee interviewed the six most qualified firms who responded to its inquiry for survey services and presented them in rank order for consideration. The City Commission by Resolution No. 86-819 dated October 79 1986 approved the selection of Manuel G. Vera & Assoc., Inc., Metric Engineering, Inc., and Campanile & Associates, Inc. as the three most qualified firms to provide land survey services for City of Miami projects and directed the City Manager to negotiate a contract with each firm for a six month period. Attachments: Proposed Resolution es--911