Loading...
HomeMy WebLinkAboutR-85-0741RESOLUTION 140,85-741 A gESOLUT ON AUTHORIZING THE CITY '�A�fAOER TO EXECUTE AN AMMMENT TO ACREEMENTj ter SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY OF MIAMI' AND S{CHWESKE-SHISa�t"`;�a +�f h a � j , INCREASING AND ASSOCt lo cg, THE MAXIMt"M TOTAL COMPENSATION A.LOWEO FOR SURVEYING SERVICES C✓NJ'�3�JCT ON Wt H Cl"Y C0N1RACTED CONST ; CTICN PROJEuTS, WITH FUN'DS THEREFOR ALLOCATED FRCM THE PROJECT F.tPOR EACH 1Nulii UA* EN5S F �fiuUW4 idHEREAS, the City proposes to construct various Sanitary Sewer, Stcr,n Sewer, 'Hi-hway,'par'k and Structural ?r. `ezts i7 t::e i;r.;nediate fatare; and Rc one o, the said immediate proJ e;ts is an estimated W6,000,000. Sanitary Sewer Improvement; and WHEREAS, the City executed an Agreement with SchwelCrie-Shiski.n & Associates, Inc. on September 11, 198a to renter Engineering Land Surveying services for the design and construction of said projects; and WHEREAS, the time allowance of said Agreement will not expire until September 11, 19861 and WHEREAS, the maximum total compensation of $75,000 allowed to the Principal by said Agreement is insufficient to provide Survey Services for a representative portion of said projects; and WHEREAS, the $75,000 maximum total compensation will be expended far before the expiration date of said Agreement. WHEREAS, said Agreement provides that the City and the Principei may# at their discretion, amend the Agreement, .and WHEEAS# it is in the City's best interl i<e emend the Agreement by iAcre""S the comPensetian allowance to CCC XXISSt�i INN OF JUL to n . SS4'1 4 u: d' v W � ERE ORS � SE RESOLVED By THE ��J IEEE -yC Sedt dil 1r Tha City Mah3ger i hated a�tho�i ed t nt}311 AntiiiienC�eC�t u.3 A�t�"�Fiet�ltf i� ;1 ;'le .`t� attaohed het"eto i between the pity of Miami Andor �'reasin tb1?�U Soh�H'eb'� a �►Sh Ski: n, AS�OtA. eS, lnc. the ittaX ir►u"1 td to GO i enSa t h,�h allowed r Lar, d SUrvgy1r1g Services n th the design and ebnStru� e. �n b. as1. h funds va:'iouS it oontraoted 4chstr�ot h prc ect , ' ' therefor hereby allocated as a projpot expense from each individua= project funding. N-y V t1r� 18th_ may Cof July r �'t -� h, u ✓ Au 1 . 1 �----- Maurice A. Ferre KA U t1 1 C C. A R I L MAYOR ATTEST: M CITY CLERK - PREPARED AND APPROVED BY: TTQ APPROVE FORM AND CORRECTNESS. r CITY ATTORNEY f{ �ba;t AMMMENT TO ACREEMENi This Amendttnt tC Agreement made this day of _ 1985 by and between the City Of MIMI- , a MUM; A. TM corporation of the Et tte of Florida, hereinaLt, Called the C :s +�"- - a:x .� s � mac: 'c- end SCElwr,bi{E SHiSE.lU AND ASSGCIAieSf INC., hereinafber ca11eQ the NCt?AL. 'WHEREAS, the CITY AtJb THE RgiNCIPAL entered into aft Agreement on the 11th day of September, 1984; and WHEREAS, said Agreement provides for its amendment upon F the execution of a writing signed by both parties evidencing the amender: terms; and ;v'iE EAS the term of sai'� Agreement will not expire :`. u ti_ 5epte.mher 11, 1;=15; and WHEREAS, the maximum tot31l compensation of $75t000 ' allowed to PRINCIPAL by said Agreement will be expended prior to the expiration date of the said Agreement; and WHEREAS, the CITY and the PRINCIPAL have determined that an increase in the amount of the total compensation is necessary and in the best interest of both parties. NOW, THEREFORE IN RECOGNITION OF GOOD AND VALUABLE CONSIDERATION, AND UPON THE PROMISES AND THE MUTUAL COVENANTS .a :'` HEREIN CONTAINED THE PARTIES HERETO AGREE AS FOLLOWS; Section 1. In Section VII of said Agreement the last c paragraph ,is hereby amended to read as follows; "The hotel compensation by the CITY to the PRINCIPAL for services provided under the terms } of this Agreement shall not exceed $175,000 over �tA the period thet this Agreement is in effect," J k , e81-540741 KCID yid r' ry ID All the teg�fa and �:bi�ditoCi� c�t�tllPte� �tr3 e� Se�tdtl � wi t tb tna Se r�bdr 1 , 1 4ll, tube te the 6 ri final A etneAt ,5f' full And of eot amendment Contained hereinrefit wit'nout motificatiohax ESS 'r HSRE"' ^ 'he Pat' hereto have caused , ;d ,w'M a eemer]t to be e:tecuted t��13 gay a;�d year' frSt ri_ _... to �1r�..e,d:�en,. �r wrlten. SC,;'�iESKE�S�:���Clfd x ASS0O, l,dC ATTEST; President eeretary CITY OF M* AM , a municipal o St �Late of rperation cf ty ya usi• r _. City ;danager ,a ty clerk APPROVED AS TO FORM AND CORRECTNESS: 4 r� ougherty CiAttorney tya �.v L ^4: .fir M1 Jk f i ';Tax ` d 4 7"fir A k, _i j t. A R __ M 2 N a THIN AGREEMENT Made this I��day of and between THE CITY OF MIAMt, a Mufil.dipal Carparation of the Stara of Fl:3rida1 hereinafter oiled the CITY, and SCHWESKE-SHIOIXIN ASSOCIATES, INC, hereinafter called the PRINCIPAL. W I U .E S S E* H wMEREIlk S, t1e CITY proposes to. construct varisus Sanitary Sewer, Storm, Sewer, Highway, Part and Structural Projects, and Wi4tEREAS, the CITY can matte an allowance in the project expense of each project to finance engineering survey services, and WHEREAS, the CITY desires to engage an engineering/survey firm, to render the necessary prof essiona and technical ser7 is es, hereinafter called W0Riz, for the planning, desi_- 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. 84-053, dated January 19, 198U and amende-� by Resolution No. 84-554 dated May 10, 1984, approved the selection of SCH'niEAKE-SHISKIN & ASSOCIATES, INC. as one of the four --ost qualified firms to . provide professional engineering/survey services for the PROJECT and has also authorized the CITY MA?:ACER 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 ccnaiderationa hereinafter act forth, agree and covenant, one unto the other `as follows SECTION I • GENERAL A, The PRI14CIPAL shall proceed with all applicable dispatch in a sound, econovioal, efficient and professional manner and shall comply with the provisions of all applicable Federal, State and Local laws VIA A , V1 E.R.kL The PRINCIPAL shall adt under th,e diredtio� RROJ OT OIR TOR and shall f in dloae diodtdinatiam With the, CITY, perfarn the following prafeasional and tedhMidal dervitas - comprising the WORK and shall be fully respdms sle fdr all the prafesa bnal and techr! Aal aapedtx thereof. The C z IS review anti approval if the WORK will relate only to overall come plianc with the general requirements of the PROJ i` and henevet" the ter; ►'Approval by the City"� car line term i$ used in this Agreement, the phraseology shall in no way relieve the pRi?!$AL` from any dtat:es Or responsibilities under the tervit of this Agreement and -from using the nest - engineering/survey sery .des and ,. practices. < 2. The PRINCIPAL shall, in the performance 6, the ►,CORK, co trlf wiA. th al* Federal, Mate and Local codes, crdina--'es and regulations, pertaining to the PRCJE: T. Attentfon s 'w•�i* d to ♦ . i W the Federal gage -'dour Law, Walsh -Healy Act, The Occupational Safety and Health Act, The National Environmental Policy Act and:. Equal Employment Opportunity Legislation.Vq ... 3. Upon receipt of written authorization to i p proceed with the PROJECT, the PRINCIPAL shall ;Hake arrangements to meet with the PROJECT DIRECTORS 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 Public Works Department -Survey Section unless otherwise directed by the PROJECT DIRECTOR. This is to include s.' q but not limited to the field books, note keeping, out -sheets, staking etc. y 4 4 In the performance of his work, the PRINCIPAL shall r[ observe the following; _ a. Strive to complete his Mork an the PROJECT within a the time allowed by maintaining an adequate staff x° 4 of qualified employees on the work at all tu, es. f4 b- Prepare :necessary 4ocumsnts; if required# for Y Oro'unty# City, State and Federal ageneies. rC11. WA 07 CID 41L t 6, pRAF*1410 _ Upon redeipt of written authorization rrbm the PROJECT DIRECTOR, the PRINCIPAL shell perform ' draftingse v �sh r gUire supplement his field wdrks Plan and profile and dross-dedtion Sheets stall be of the b.e8t duality myiar film or dronarl and shall be furnished by the PRINCIPAL. other standard blank sheets w th the CITY title block im�irinted 'hereof, will be furnished by the CITY. SEG IflN IV _ PROJECT COMPLE°i IPN TIME The servicesto be rendered by the PRINCIPAL for each } PROJECT shall commence within twehty-four (24) hours upon receipt . of written nti'e from the PROJECT DIRECTOR subsequent to the execution of this AGREcMENT and shall be completed within the time stated in the 'Work 'Order. A reas:nable extension o: the work time will be granted in t;.e event t'nere is a delay on the part of the CIY in fulfilling its part'of the AGREEMENT as stated herein or because of weather, y civil disturbance or other reasons beyond the dontrol of the PRINCIPAL. SEC: Jai V - L7NGTH OF AGREEMENT This AGREEMENT shall remain in effect for two years after ... = the date of this AGREEMENT unless terminated as described in SECTION XIV. In the event the PRINCIPAL is engaged in any s` PROJECTiS) on the above date, this AGREEMENT shall remain in ` effectuntilcompletion or termination of said PROJECTS). No .` new work orders will be issued after the two'year period. cv ` SECTION VI - CITYfS SERVICES AND RESPflNSIBILSTIES ky4: &; 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. �yx � B. The CITY shall furnish the use of a field office for each PROJECT during the ovnstruotion phase when .said field office Fz is to be provided under the construction -contract. Y fs=" 85�74 z n EMA � R PRINCIPAL is dauded extra Work or is tM* If the x dhaPi ea ordered after and PSrtidn of the work is approved by the z CITY, such extra work shall be the sUb jest of art addimional work arder t SECfi 81d _APPROVAL FL EL D 1�0jt The CITY agree that within thirty (ybi days after delivpr�r ect or return with indicated sUggestea revisions to approve, rej , A � � a or f ec�5t�t�e�lci��ions, all �'ibld notes or other wr;k��e.� com;t�unicaticns submitted the PRt;JOIPAL to the CITY for approval. Such approval, revisions or recbmmendatioris by the r CITY not relieve the PRINCIPAL of his responsibility for ..shall his work. SECTION X11- NOTICES , Any "dices, or other written commun'tations from the ^rR1tC:PAL to t e C*TY 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 PRi:1CIPAL shall be considered delivered when pasted 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. Y Y SECTION XIII - OWNERSHIP OF DOCUMENTS All reports, tracings, plans, field books, survey a 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 adk` 1.3 the CITY, When all work contemplated under this AGREEMENT is -completed or for any reason terminated prior to completion, all ix. o the above data small be delivered to the PROJECT DIRECTOR. Yi SECTION XIV TERMIUATION AND suss NSI N OF AGREEMENT At The City retains the right> to terminate this Agreement µ at any time prior to co:mplotion of the VORE �?itheut penalty to the CITY,In that vvent termi�natien of this Agreement shall be ` in writing to the PRINCIPAL and the PRINCIPAL shall be paid for " 41. F x nti i 4�k The A`L st aii not engaft during the peridd tnis Agr a ent tie seI viler off` any profess ot�a �r teehn��a� �ers�n �vhe has been at any 'he during the period of this Agreement in the employ of the CITY The ��JCiA is avrare of dhenfiot o intere law o w both the City or Miami and jade Cauntyi Faorida, and agrees that fullin all aspects with the ter,�s of sa" he shall fully comply laws► h CTlo.4 xyI - T gNT C?P A—gils �1et1 T 11nis Agreement represents the entire and integrated Agreement between the CITY and the PRINCIPAL and supersedes all prig negotiations, representations or Agreements, either written or oral. This Agreementshay be amended only by written instrument at the discretion of both the C%Y and theRI:iCIRr+�• �1v t ` + 1 Y'dl a. �' S I,1 C C,-u�J k�,/ J K11U ei$ I�aiS ('iaeCe no aQ A. rr;ents or transfer of .s The r?RI:�Ci�AL shah r A�ment, or sublet, as or transfer any part of the '+�bRK Agr e Br v under this Agreement without the written consent of the CITY. zg. This Agreement shall be binding upon the parties hereto, their NIV . ,- heirs, executors, Legal representatives, successors and assigns. SECTION XVIII - RIGHT TO AUDIT I, 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. x" SECTION KIK - INDEMNIFICATION The PRINCIPAL shall indemnify and save the CITY harmless i fk. 4 from any and all claims + liabilityo losses and causes of action arming out of erroro omission or negligent act of the PRINCIPAi., its agents, servants, or employees in the performance of services under this Agreement* "(tk i't0 J F Y The Prind_.iPal shall ;ay all dlaiMA and i6110A df any 014t0lj whatsoever in ddrtnedtian thetiWith and shall defend all all to in the name of ;he CITE` wnen applidabid, and anil pay all dares including atnorneytIg fees and judgeMents whidh May Lague thereon. The. PPIINCIPAL shall Maintain during the terms of this Agreement the following insurance. A. Comprehensive General Liability Insurance in amounts not less "lan $200j000.00 Combined Single JnA . for bodily in try arid property damage liability and said insurance shall incIude contractual liability coverage. The City of Miami shall be named as Additional Insured. • 5. Professional Liability Insurance its a minimum amount of $�004'=.00 covering all liability arising out of the termer of this Agreement,, The C17Y. will accept a Claims "fade Policy w:t:: a .;; five year discovery clause. C. Workers Compensation Insurance in the statutory amounts. f All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida; k+Y. which are approved according to specifications of the Risk 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 clearly_ indicate that the PRINCIPAL has obtained.. insurance .:shall in the type, amount and classification as required for strict compliance with this SECTION and that no material charge or t cancellation of theinsurance shall be effective without the �x thirty (3O) days written notice of the CITY. Compliance with the foreSoing requirements shell not relieve f the PRINCIPAL of his liability and obligations under this Section rt or under any portion of this A%reement, )r 5 t ask GCti�N .{ 11 VtYEcci�li�EIV l 1H1�1�tin That tie PRINCIPAL Amd his emp 6yees and egedta ahall be deemed to be an independent d6n ractdr, and not an agemt 1" emplayee of the CITY, and stall mat attain any rights or benefits' under the Civil 2erVioe ©r Pension Ord rtandd of the C'Mf or arty rights generally afforded classified or unclassified 4mp dyeas further he/She shalt not be deemed ent tleo to Florida ' VorktF's Compensation benefits as an ee of the CITY. SECTION XXV NON-De"'sN ILiTY It is understood and agreed that the obligations undertaken by the PRINCIPAL pursuant to this Agreement shall hot 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 firer. )ry w •�T ON X• V i tNA 1 ii ER No waiver of any provision hereof shall . be deemed o 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 4;. q Funding for this Agreement "is contingent on the availability of funds and continued authorization for prugra;:r activities and rZOM 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 pw Payment for the purchase of supplies and/or rental of 4' 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, The City will furnish Wooden stages as n4'cgssary. lbw 4, 1 iA di" OF MIAiMI. FLON15A tNTtft4F#1CC MEMORAF MUM 66 r� �:OriOi"3!�'s8 fayc�r 3i141 v4fiE : i1L Fitt E: 'fermbers of the Ci k y f Co.mission s,:eL- Sa01.I*ONN AutH RIZI1,1C CITY fA AG-9 TOE-ECUTL ANIE vb� " l : { }T�� o A(�P—b lbi'1 i WITH f� Cf 7CG t�L'" 0 -Lox% �0 Sc 5 l7Clt�i s` li�C+ ca .i a 3YLjlc� r.' �lr.a ,•=r_REIvCES .. City `tanager -' S•+z_�3upEs ('o Co�;il�t ssiort Nfeeting o 0uil 18► 1aa�) ` - j The Public Works- Department recorlmends the adoption of a resolution authori2ing the City 114anader to execute an Amendment to; Acreement with Schwebke-Shiskin and associates, ry' A. n—. whi h wl increase the fiaxitu.;� total conpe:tsation allowed for Land Surveying Services ro:i S"B tO00 :o $1715,000 ot>er the Specified two year peri_3+ 3. On Set* -ember 11, 1984 the City entered into an agreement with K4 ... = Schwebke-Shiskin and associates, Inc. to provide Land Survey ' Services over a two year period with total compensation not to s exceed $75,000 To date $58,000 in purchase orders have been< 'rkr... . extended to Schwebke-Shiskin for survey services required for the r desicn and construction of various contract' projects. It is now evident that the Storm Sewer, Sanitary Sewer, Highway, r. Park and Structural projects scheduled for construction in the immediate future will expend the allowed total compensation long before expiration of the agreement. It will be necessary, therefore, to amend the agreement with {:§ Schwebke--Shiskin increasing the allowed total compensation from $75.000 to $175,000. .,� DWC; AJL:mh cc: Albert Rude Resolution Amendment to w. Agreement attached 4 u4 i^ TIC, f « F