HomeMy WebLinkAboutR-84-0672HERETOi WITH EACH OP THE FOLLOWING% BISCAYNE
natNEEkim; CO. f SCHWEBRO-SHISKIN AND
ASSOCIATES, INC.; COMPANILE AND ASSOCIATES,
INC.) AND MANUEL G. VERA & ASSOCIATES, INC.
TO PROVIDE LAND SURVEYING SERVICES ON A
ROTATING BASIS IN CONJUNCTION WITH CITY
CONTRACTED CONSTRUCTION PROJECTS, WITH FUNDS
THEREFOR ALLOCATED FROM THE PROJECT EXPENSE
FUND FOR EACH INDIVIDUAL PROJECT.
WHEREAS, the City proposes to construct various Sanitary
Sewer, Storm Sewer, Highway, park and Structural Projects in the
immediate future; and
WHEREAS, it is necessary for the City to engage four
Engineering Land Surveying firms to render professional and
technical services on a rotating basis 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 construction
contract funding; and
WHEREAS, the City Commission, by Resolution No. 84-554 on
May 10, 1984, which amended Section 2 of Resolution 84-63 of
January 19, 1984, approved the selection of Biscayne Engineering
Co., Schwebke-Shiskin and Associates, Inc., Companile and
Associates, Inc., and Manuel G. Vera (M.G.V.) and Associates,
Inc. as the four most qualified 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 and technical services required for
the said projects and requested that the said negotiated Agree-
ments be presented for formal ratification and approval;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute an agreement for professional services, in substantially
the form attached hereto, with each of the following: Biscayne
CITY COMMISSION
MEETING OF
84--672. .
JUN 14 1984
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h 6bke-Ehi6kin and A680iat r �r a p�rii � yY
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s . and Asa diataa, tno., and kahua t . And Aa$�s iatag t� . to
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ro - ide I hd 'Idtvaying ` n d on a rot -at
basis in ohn u
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do h vA�tidtJ,a' city d6htraot6d donatruction, °prr�jac t with
funda therefor
by lo
bated as a Project expense from each
_a
individual project funding.
PASSED AND ADOPTED this 14ih day of Juue,`
1984.
MAL�i ce e -
MAURICE A. FERRE, Mayor
A ST : v
RAL G. ONGIE
City Clerk
PR ARED AND APPROVED BY:
ltkt
RO T F. CLARR
Deputy City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
0��'W
JO GARCIA-PEDROSA
c v Attorney
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=TRIS A01 ME'NT- 4ade thin dey 6r
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e1 a h IHt .:CITY 'CAP' AIAM It a MUhioiPil Corpbiratiord
�'df tbi.::
bf•"rlor da hereinafter called the CITY$ and
?'
hereinafter called the PRINCIPAL
=
W.'ITNE -SSETH
WHEREAS, the CITY proposes to construct 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 engineering survey services;
and
WHEREAS, the CITY desires to engage an engineering/survey
firm 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. 84-63, dated January 19, 1984 and amended by
Resolution No. 84-554 dated May 10, 1984, approved the selection
of as one of the four most
qualified firms to provide professional engineering/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.
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} � fibs PRINCIPAL shall perforla the PrOtessiOnal s+r�io tl s
heroinaf ter , set Forth and in general a!leordenoa with►
•
instructions of the CITY as set forth in StCtION III
PIOP99SIONALSERVICES.
C.' The PROJECT DIRECTOR will issue written authorization tof _
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
E. PROJECT - is hereby defined as any construction work
contracted by the CITY 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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Ouiy i - a
the PRINCIPAL shall act under the direotihh Ot'
PH04ECT D1RROTOR and shall, in close coordination +with the �1T��`
perform the following professional and technical serVics'
t
comprising the WORK and shall be fully responsible for all the
professional and technical aspects thereof. The CYTY+S review, 'L
and approval of the WORK will relate only to overall compliance
with the general requirements of the PROJECT and whenever the 41
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 Public 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.
b. Prepare necessary documents, if required, for
County, City, State and Federal agencies.
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84 -672 .
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x o dr �` te` - `ui r -mith the CITY o• In �-&Het
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,;` t% 'WO May be r N r atheduli ' r + _
dck Report the Atatua of this PROJECT` to the Pgoita r
DIRECTOR upon request, and hold his,notes, t
�oalculations, and related work open to, inspection
k,
at any time. 3=
e. Submit to the PROJECT DIRECTOR one .original set of 'w
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.
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. 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.
a b� Tub A • f ! y t.
r r � D A i ".0 ►h receipt of Written authorltati6 Oid xjm
5 ,
draft tag aerviaes as required to supplefitetft �Vf
work. Plan and profile add aross"sedtio", Afieet'N shed
be of the best quality Mylar film or arbnbtlix Ltd
shall -be furnished by the PRINCIPAL. Other standard
blank sheets with the CITY title block imprinted
thereof, will be furnished by the CITY.
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 two years after
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 date, this AGREEMENT shall remain in
effect until completion or termination of said PROJECT(S). No
new work orders will be issued after the two year 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.
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84- 6 7Z .
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g
The ` CIT `"i i� d tb pny
the PROJECT iri tdord nce `wi C
�`�r'�"��ei�r►�e� ,;��nd���d p�t�suerit t� `-
i'ona this AGREEMENT and all indidente and
the `der is -and botidit --
ed thereto, fees
preliminary work rela tin accordance with the
following schedule: N-
Survey Party $520
A. For the time of a Four Man
per 8 hour dey u
B. For the time of a Three Man Survey Party $424. per 8 hoU�r day
urvey Party $340• per 8 hour day
C. For the time of a Two Man S
D,. For the time of a Draftsman
$ 24 per hour
E. For the time of a Surveyor -Computer $ 30 per hour
F. For the time of a Principal -Surveyor $ 55 per hour
supplies,
except
The above fee schedule shall include all equipment, t
materials, tools and labor necessary to complete the work P
nder A, B & C above, a minimum four
as noted in SECTION XXVIII. U
hours time will be paid for cancellation of the WORK due to
the
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 VIII - 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
sole
The CITY shall have the right to determine on which
I
units or sections of the PROJECT the PRINCIPAL shall proceed and
ion by the CITY, through
in whet order. Authorizatthe PROJECT
n detail the scope and intent
DIRECTOR, in writing,
shall cover i
of the proposed surveying services.
6 -
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yy gi'
�y
the�NPAL
is oaused extra work
.or expenae. dui-t t3 t,►e -
r; ohengeb .after any portion of. the, work s,. epproveC by 'tie
.ordered
CITY*; such extra work shall, be the subject
of an additional work �=
_ -
order-
SECTION.XI -
APPROVAL OF_FIELD
"SNOTES
The CITY
agrees that within thirty (30)
days. after.,delivery
to approve,
reject, or return with indicated
suggested_revi.sions
or recommendations, all field notes 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.
SECTION XII- 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 all 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.
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
- 7 - 84im672.
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services t erf��er +i. in eg(lh completed-, calendar mohW. Or, l6w
torninetion:.n+oder�ce with::SECTION VII COMPN~�'r_-
$MIMI and SECTION VI=II PAYMENTS# provided °however. Chet:
W
PRINCIPAL is not in default under the terms of this Agreement,
If, however, the termination of this Agreement occurs during anWRE
incomplete calendar month, then the PRINCIPAL shall be paid 'or
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
— I any information, contract documents, plans, drawings, or any
_i
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
i
for any other purposes whatsoever without the written consent of
i the CITY.
i
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.
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.
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84-6 2. .
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9Fle�AL `Ball jiiat °engige 'dLlrilig titelo{
�G {I/ tthe 461 1116eb p �iG Y7i�ll it�, �I C�hll { 0�f to t
t h 11 be n at ahy tiara during the period' or this, A•gr�bem at ,
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eta R
the =+ iby oftha CITY
The PRINCIPAL is aware of the conflict of interest law of
both the City of Miami and Dade County, Florida, and agrees that
he shall fully comply in all respects with the terms of aeid'
laws.
SECTION XVI - EXTENT OF 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
i
instrument at the discretion of both the CITY and the PRINCIPAL.
SECTION XVII - SUCCESSORS AND ASSIGNS
The PRINCIPAL shall make no assignments or transfer of this
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
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.
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.
.,5j'as ^may, a +'�.. .s-•� y..✓ +,-
1.1iS T'�- 54s i V
AM
k
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7
� x fihe oipA1� 4 shs� 1 peY - all claims and lasses of
1
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r h�its*+srret� ,;:tn t� iea ioN therewith
and shall; defend ���;, � v � .
y
of r t } -
h < Heine.• of the C.IT,,Y when .applicable r and, shall pay eVi,
I
Y —
in+�l.uaing attorneys t s fees ; and judgements which: <may:.,i.u�
thereon.,.,_
SE
CTION XX .- _ INSURANCE
The PRINCIPAL shall maintain during the terms of; this _
lowin insurance:
Agreement the fol 6
A. Comprehensive General Liability Insurance in amounts not
i
less than $300000.00 Combined Single Unit for bodily injury and
property damage liability and said insurance shall include
1 contractual liability coverage. The City of Miami shall be named
M
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.
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 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
and that no material
compliance with this SECTION change or
i 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.
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84mP672,
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F� by :thy -
A11 aerr�ia a --shall be: performed P�;�t�O�Pf►I. - .o
satisfaction: of the PROJECT DIRECTOR who:: ahall deei
4 questions, difficulties and disputes of whatever; nature:which:say
arise under or by reason of this Agreement, the prosecution and
fulfillment of the services hereunder, and the eharactert
t amount and value thereof and the PROJECT DIRECTORtS
quality, , � 5
decisions upon all claims, questions of fact, and disputes shall
be final, conclusive and binding, upon the parties hereto, unless
z
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
i
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.
84-6 72. .
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S =TION 'Y N P NO NT COIYTRAOTOR
t4hat, : ;; PRINCIPAL ,.and his employees and ^sgontt,: 14 f 4 r
deemed, , be . , an independent . contractor, and not an agent . �r " y
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 he/she shall not be deemed entitled to Florida Worker's
Compensation benefits as an employee of the CITY.
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 - 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. The City
will furnish wooden stakes as necessary.
- 12 -
84-6► 2. .
BY:
Secretary
(SEAL)
ATTEST:
City Clerk
APPROVED AS TO CONTENT
Department of Public Works
THE CITY OF
corporation
Florida)
MIAMI (a municipal
of the State of
BY:
City Manager
APPROVED AS TO FORM & CORRECTNESS
City Attorney
APPROVED AS TO INSURANCE
REQUIREMENTS
Hisk ManagTmitnC -"-
yr,
7
A
t
r
y
r-
s
S W
t
.
s WHEREAS, the board of
Directors of
i
. has examined terms,
tboditions„ and
IS� =-
obligations of the proposed contract with the
City of,Miami
for Professional Engineering/Survey
Services
;
duly held
WHEREAS, the Board of
Directors at
a y corei{.
..
porate 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
Professional Engineering/
Survey 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 con-
tract submitted by the City of
Miami.
IN WITNESS WHEREOF, this
day of
,
19 84
n
84-6'72 .
%..L Ly contracted Corn-+-,
ciun rrojects.
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{ CITY OP MIAMI• FLON10A G -
IN"f'ER•OPPO'ICk M191MORXNDUM
tOc Howard V . Gary DAM May 22, 1984 �►Lt=
- City Manager
SUBJECT: RESOLUTION - APPROVING FOUR
AGREEMENTS FOR LAND SURVEY
SERVICES ON CONSTRUCTION
FROM: o ther
REFERENCES: PROJECTS
ti
rector of Public Works ENCLOSURES: (City Commission Meeting
Agenda - June 14, 1984)
It is recommended that the proposed resolu-
tion be adopted by the City Commission at
its meeting scheduled for June 14, 1984 where-
by the City Commission will approve four
Agreements in substantially the forms attached
hereto, negotiated by the City Manager with
BISCAYNE ENGINEERING CO., SCHWEBKE-SHISKIN AND
ASSOCIATES, INC., CAMPANILE AND ASSOCIATES, INC.
AND MANUEL G. VERA AND ASSOCIATES, INC. for
land survey services in connection with City
Contracted Construction Projects. The costs
of the services to be paid from the project
expenses allocated for each project.
The City is proposing to contract for a substantial
amount of Highway, Sewer and Parks Construction 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. It is necessary, therefore, to engage four
private survey firms to provide their services on a rotating
basis.
In accordance with City of Miami Ordinance #8965 a
Competitive Selection Committee evaluated the qualifications of
those firms who responded to its inquiry for survey services and
presented the top five rated firms for consideration.
The City Commission by Resolution #84-554, dated May
10, 1984 which amended Section 2 of Resolution #84-63 dated
January 19, 1984, approved the selection of Biscayne Engineering
Co., Schwebke-Shiskin and Associates, Inc., Campanile and Associates,
Inc., and Manuel G. Vera (M.G.V.) and Associates, Inc. as the
four most qualified firms to provide land survey services for the
design and construction phases of various City Contracted Construc-
tion Projects.
u'`
84-67Z .
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COY OP MIAMI, FLORIDA
INT4R•ORFIC%' MKMORANC'fUM
TO: Howard V . Gary DACE: May 22, 1984 snLc
City Manager
SUBJECT: RESOLUTION - APPROVING FOUR
AGREEMENTS FOR LAND SURVEY
SERVICES ON CONSTRUCTION r
FROM: REFERENCES: PROJECTS
o ather
rector of Public Works ENCLOSURES: (City Commission Meeting
Agenda - June 14, 1984)
It is recommended that the proposed resolu-
tion be adopted by the City Commission at
its meeting scheduled for June 14, 1984 where-
by the City Commission will approve four
Agreements in substantially the forms attached
hereto, negotiated by the City Manager with
BISCAYNE ENGINEERING CO., SCHWEBKE-SHISKIN AND
ASSOCIATES, INC., CAMPANILE AND ASSOCIATES, INC.
AND MANUEL G. VERA AND ASSOCIATES, INC. for
land survey services in connection with City
Contracted Construction Projects. The costs
of the services to be paid from the project
expenses allocated for each project.
The City is proposing to contract for a substantial
amount of Highway, Sewer and Parks Construction 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. It is necessary, therefore, to engage four
private survey firms to provide their services on a rotating
basis.
In accordance with City of Miami Ordinance #8965 a
Competitive Selection Committee evaluated the qualifications of
those firms who responded to its inquiry for survey services and
presented the top five rated firms for consideration.
The City Commission by Resolution #84-554, dated May
10, 1984 which amended Section 2 of Resolution #84-63 dated
January 19, 1984, approved the selection of Biscayne Engineering
Co., Schwebke-Shiskin and Associates, Inc., Campanile and Associates,
Inc., and Manuel G. Vera (M.G.V.) and Associates, Inc. as the
four most qualified firms to provide land survey services for the
design and construction phases of various City Contracted Construc-
tion Projects.
84-6 72
Under the same Resolution, the City Commission directed
the City Manager to present to the City Commission the negotiated
contracts at the earliest scheduled meeting following the negotia-
tion of said contract, for approval by the City Commission prior
to execution.
The proposed resolution provides for the City Commission
to approve four Agreements, in substantially the forms attached
hereto, with Biscayne Engineering Co., Schwebke-Shiskin and Associates,
Inc., Campanile and Associates, Inc., and Manuel G. Vera and
Associates, Inc., and authorizes the City Manager to execute them
with funds therefore allocated as a project expense of each Contract.
#A-JL:mh
cc: M. Alvarez
84 672. .
10
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f
0�ATE BE b1.0 LAN
i
WHEREAS, the Board of Directors of :A
has examined terms, conditions, and
obligations of the proposed contract with the City of, Miami
for Professional Engineering/Survey Services
WHEREAS, the Board of Directors at a duly held cor-
porate 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 Professional Engineering/
- Survey 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 con-
tract submitted by the City of Miami.
IN WITNESS WHEREOF, this day of
19 84 '
-672 .
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THIS AGi�1 MINT .trade this ,day of , :
3 betweeh THE CITY OF MIAMI, a Municipal Corporation t! the �tkl
:,of, Florida, hereinafter called the CITY, and BISCAYNE ENGINE At
CO., INC., hereinafter called the PRINCIPAL.
W I T N E S S E T H
WHEREAS, the CITY proposes to construct 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 engineering survey services;
and
WHEREAS, the CITY desires to engage an engineering/survey
firm 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. 84-63, dated January 19, 1984 and amended by
Resolution No. 84-554 dated May 10, 1984, approved the selection
of BISCAYNE ENGINEERING CO. INC., as one of the four most
qualified firms to provide professional engineering/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.
- 1 -
84--672 .
,.�4r:o a aat945� .q
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PRINCIPAL shall perform the professional "serVioes,A�
r
;. hereinafter set forth' et5d in general n000rdenioe ith
i.ilAtrdctitins of the CITY as set forth in SECTION ' III
PROFESSIONAL' SERVICES.
e
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 "g=
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 BISCAYNE ENGINEERING
CO. INC., 529 West Flagler Street, Miami, Florida, 33130, phone
324-7671.
E. PROJECT - is hereby defined as any construction work
contracted by the CITY 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.
- 2 -
84-672. .
'fin vi g n"i.
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SECTI III . :. PRt1 'EE I0NAR1 9 S
,,. A.RNRAL
1. The PRINCIPAL, shall act under the direction, . of` the r
i
PROJECT DIRECTOR and shall, in close coordination with the CITYy
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 Public 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.
b. Prepare necessary documents, if required, for
County, City, State and Federal agencies.
4
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Coo a to fully with the ettl in
d p
e r
phasesof the WORK may be properly sa�idued -
coordinated.
d. Report the status of this PROJECT to the�J
DIRECTOR upon request, and hold his dote,
calculations, and related work open to inspectiri s
at any time.
.i
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-
B. SCOPE OF WORK
The PRINCIPAL'S work shall include but not be limited to the
following:
�. 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. 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.
- 4 -
84 0672 .
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atid
DRAFT "f Ihi Upon r•eC 1pt of w e rot the pRaJgCfi DIRECTOR*
RINCIPg shall .
supplement.,
required to
,nip, fisi
drafting services tk
Plan and profile
and cross•�section sheets sha:1
work • film or cr'onaflex and
quality my standard
be
of the best q Other standard
shal
l be furnished by the PRINCIPAL.
blank sheets with
the CITY title block imprinted
ill be furnished by the CITY.
thereof, w
g' ON IV - PROJECT COMPLETION TIME PRINCIPAL
for each
, SECTION rendered by the
services to be on receipt
The _four (2�) hours up
shall commence within twenty subsequent to the
PROJECT DIRECTOR subseq
from the PROJECT within the
of written notice and shall be completed
execution of this AGREEMENT
Order. be granted in
time stated in the Work the work time will
A reasonable extension of the CITY in fulfilling
delay on the part of
the event there is a because of weather,
the AGREEMENT as stated herein or
of the
its part of beyond the control
civil disturbance or_ other reasons
1
.PRINCIPAL.
SECTION V - LENGTH OF AGREEMENT two years after
This AGREEMENT shall remain in
effect for
AGREEMENT unless terminated as described in
of this AGREE in any
the date is engaged
ON XIV. In the event the PRINCIPALin
SECTION shall remain
date, this AGREEMENT
on the above No
,1 PROJECT(S) said PROJECT(S)•
effect until completion or termination of
effe after the two year period.
I
new work orders will be issued
it I - CITY'S SERVICES AND RESPONSIBILITIES
SECTION V to the PRINCIPAL for his
A• The City shall make available records and other
s surveys, aerials,
all plats, map ,
inspection, , disposal
information th.
at the CITY has at it s
B. The CITY shall
furnish the use of a field office for
1, construction phase when said field office
each PROJECT during the the construction contract.
is to be provided under
11
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'Sam
�C $ t Vet Cb i NSATZQN Fog_ SEE1�lCE8 r }
the `'lY` `Agrs to At�d the 69reeg 'taidep
k f8fi i�i�v vice' tendered pursuantto the PROJECT in ao�brt�ahae w��`t'�
the terms And a editions of this AGREEMENT and all ihdid6ft t 9 ..A�d.
preliminary work related thereto, fees in accordance with the.
< Y
following schedule: _
he time of a Four Man Survey Party $460. per 8 hour day
A . For t
B. For the time of a Three Man Survey Party $400. 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 $ 25 per hour
E. For the time of a Surveyor -Computer $ 33 per hour -
F. For the time of a Principal -Surveyor $ 45 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 XXVII. Under At B & C above, a minimum four
hours time will be paid for cancellation of the WORK due to
inclement weather or other valid reasons after reporting to the
I�
! 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 $75000. over the period that the AGREEMENT is in effect.
SECTION VIII - 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 shall have the sole right to determine on 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.
6 -
84*-6'72 .
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ION A VCN9
�Nf1�CIPAt� is used extra work or e�pefise ,due
If the,, roved . bpi fit%
change ordered after snY portion
of the work is app
such extra work shall be th
e subject of a�n additional Vdrk
CITY, <
order. 5:
SECTION XI APPROVAL OF FIELD_NOTES -s after delivery
The CITY agrees that within thirty (3
O day
r return with indicated suggested revisions
to approve, reject, o notes or other written
or recommendations, all field
the PRINCIPAL to the
CITY for
communications submitted by
the
approval, revisions or re
Such appcommendations by
approval. responsibility for
s
CITY shall not relieve the PRINCIPAL of his
t
his work.
4
SECTION XII- NOTICES the
unications from
or other written comm
Any notices, osted
�I PRINCIPAL to the CITY shall be considered delivered when p
i erson to the PROJECT DIRECTOR.
l by certified mail or delivered in p
in s, or other communication from the CITY to the
Any notice, draw 6 certified
PRINCIPAL shall be considered delivered when posted by
ft on file with the
mail to the PRINCIPAL at the last address le
I
d in person to said PRINCIPAL or his authorized
CITY, or delivers
representative.
NERSHIP OF DOCUMENTS
SECTION XIII - OWsurvey
reports, tracings,
jlans, field books,
All p
l maps anby the PRINCIPAL for
1 information m d other data developed P proerty of the
the purpose of this AGREEMENT shall become the p P
restriction or limitation upon their
use and shall
CITY without time upon request of
� be made available by the PRINCIPAL at any
When all work contemplated under this AGREEMENT is
the CITY. letion, all
� reason terminated prior to comp
1 completed or for any
� red to the PROJECT DIRECTOR.
of the above data shall be delive
�
OF AGREEMENT
SECTION XIV _ TERMINATION AND SUSPENSION
City retains the right to terminate this Agreement
f A. Theto
prior to completion of the WORK without penalty
I at any time p reement shall be
i In that event termination of this Ag
the CITY.
i to the PRINCIPAL and the PRINCIPAL shall be paid for
I in writing
_ �,--_-^-w—r-ae-•.f-a � a� z GTE _
servicesendred in .;each obmpleted .aalenddr:othrd
teri�iti tibn in accordance with SECTION VII W C�MPgN�A�ItJN ���
SERVICES and SECTION VIII PAYMENTS, provided however that thb
PRINCIPAL is not in default under the terms of this Agreement, _
If, however, the termination of this Agreement occurs during an
be aid for
incomplete calendar month, then the PRINCIPAL shall p1.
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.,
III - OWNERSHIP OF DOCUMENTS shall
as set forth in SECTION X
become the property of the CITY, with the same provisions of use
as in said SECTION XIII.
ood by,and between -the parties that
C. It is fyrther underst
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
l
I for any other purposes whatsoever without the written consent o
-I the CITY.
-i SECTION XV - AWARD OF AGREEMENT
I
i The PRINCIPAL warrants that he has not employed or retained
solicit or secure this Agreement, that
any company or persons to
he has not paid or agreed to pay any company or person any fee,
commission, percentage, brokerage fee, or gifts or any other
i
considerations contingent upon or resulting from the award or
i 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
4 profits or emoluments of this Agreement or the job, work, or
I services for the CITY in connection with the contract or
I
construction of this PROJECT.
- 8 -
84-672. .
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' C� t tip 'a�Ygt'� C•-. '
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S� E F�• --
the periad of
"hit {
The pgINCtPAL shall not �ngag� during � } x°,�
professional or techoiodi per.
n
Agreement the serrrices of any
Who has been at any time during the
period of this Agreement
the employ of the CITY.
The PRINCIPAL is aware of the confliot of interest law of
Florida, and agrees that
both the City of Miami and Dade County, s of said
in all respects
he shall with the term
fully comply -
laws.
SECTION XVI - EXTENT OF AGREEMENT and integrated
This Agreement represents the entire and supercedes all
Agreement between the CITY and the PRINCIPAL is either written
prior negotiations, representations or Agreements,
or oral. This Agreement may be amended only
by written
� ins
trument at the discretion of both the CITY and the.PRINCIPAL.
SECTION XVII - SUCCESSORS AND ASSIGNS ents or transfer of this
The PRINCIPAL shall make no assignor
E assign or transfer any part of the WORK
s Agreement, or sublet,
this Agreement without the written consent of the CITY.
under their
i This Agreement shall be binding
upon the parties hereto,
heirs,
executors, legal representatives, successors and assigns.'
SECTION XVIII - RIGHT TO AUDIT
The CITY reserves the right to audit records of the
this Agreement
PRINCIPAL pertaining to anytime during
the
after final
prosecution of this Agreement, and for one year
under this Agreement.
payment is made
l
SECTION XIX - INDEMNIFICATION
i
The PRINCIPAL shall indemnify and save the CITY harmless
from any and all claims, liaby, los ses and causes of action
ilit
i
arising out of error, omission or negligent act of the PRINCIPAL,
j its agents,
servants, or employees in the performance of services
under this Agreement.
- 9 -
84-6'72 .
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Aj
o
s.: a1. ha i ► sil claims and
lbseeA �� ���
. #rinoip
defend .all e+ditd�►
ail eig
therewith and
shall
to
what$66var ' ifi ebht�eatioh and shall Pay Y
licabler
the rtt�e' of " the CITY when alp ud ements which may
i�Sue
k
ii ajuding
attorney
s's fees and 3
thereon.
INSURANCE
• SECTION XX the terms.. of this
The PRINCI
pAL shall maintain during --
Agreement the following insurance: -
Liability Insurance in amounts not
A. Comprehensive General t for bodily injury and
00,000.00 shall
Combined Single Unit include
less than $3 insurance
property damage
! and said
liability
contractual liability
coverage.
The City of Miami shall be named
as Additional Insured.
I Liability Insurance in a minimum amount of
B. Professional
� ' arising out of the terms of
$300,000.00 covering all liability with a
_ this Agreement. The CITY will accept a Claims Made Policy
ear discovery clause.
five Y amounts.
Workers Compensation Insurance in the statutory companies
C. 4acued by
All insurance PolL4A'..-- -
f the State of Florida;
authorized to do business under the laws ospecifications of the Risk
which are approved according
to
Management Division of the City
of Miami•
shall furnish certificate of insurance to the
The PRINCIPAL erations, which certificates
CITY prior to the commencement of op
shall clearly indicate that the PRINCIPAL has obtained insurance
wired for strict
in the type, amount and classification as rematerial change or
SECTION and that no
compliance with this without the
cancellation oshall be effective
f the insurance CITY.
thirty (30) days written notice of the
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.
- 10 -
5Y -
:.�� • fig, a
ECTt0�1. XXI IGHT OP' DECISION
All Set -vices shall be performed by .the PRINCAL °tha
satisf
action of- the` PROJECT DIRECTOR who shall ;decide, I1
questions, difficulties and disputes of whatever nature which nay..
arise under or. by reason of this Agreement,
the prosecution and
fulfillmen
t of the services hereunder, and the oharaoteri
t amount, and value thereof, and the PROJECT DIRECTOR'S
quali y,
shall
1
decisions upon all claims, questions of fact, and disputes'nles
be final, conclusive and binding, upon the parties hereto, uess
ly
arbitrary or unreasonable. In the
such determination is clear
! ev
ent that the PRINCIPAL does not concur in the judgement of the
i 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
1
The PRINCIPAL shall not discriminate against any employee or
applicant for employment because of race,
color, religion, sex,
i
w
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; ana iiC1C%: r+.v-. — --
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
I
construed and enforced according to the laws, statutes and case
law of the State of Florida.
84-672
0
tlX-
��
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-
g TIN _ItXI ` N SP NDgNT .CONT
That the PRINCIPAL and his employees and, a19ernte::she]�1 bib
deeded
to be an independent contractor, and not an agent o
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 he/she shall not be deemed entitled to Florida Worker's
Compensation benefits as an employee of the CITY.
SECTION XXV - NON-DELEGABILITY
i It is understood and agreed that the obligations undertaken
by the PRINCIPAL ,pursuant to this Agreement shall not be
1
delegated to any other person or firm unless the CITY sha]1 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. The City
will furnish wooden stakes as necessary.
- 12 -
84-6 72 .
00111
Mm
4'+ 1 u
.�
IN 'wITNUS
WHEREOF the
parties hereto have,
thrbu l h .theit�
proper corporate
officiais,
executed this AGBBMEN'o thea ei5d
year first above
set forth.
ATTEST:
BISCAYNE ENGINEERING
CO., INC.
BY:
75epTetary
Fresiden
(SEAL)
ATTEST:
City Clerk
APPROVED AS TO CONTENT
THE CITY OF MIAMI (a municipal
corporation of the State of
Florida)
BY:
city Manager
Department o u is or s
APPROVED AS TO FORM & CORRECTNESS APPROVED AS TO INSURANCE
REQUIREMENTS
� r
i y Attorney
13
Risk anage en
84-6 72 .
.t5 fi Vfmt�i � F4 �,t ti —
C
�r
_—_
s
t CORPORATE RESOLUTION =_
s
WHEREAS, the Board of Directors of BISCAYNE ENGINEERING
COMPANY., INhas examined terms, conditions, and
' obligations of the proposed contract with the City of Miami
forENGINEERING AND •SURVEYING SERVICES ,
WHEREAS, the Board of Directors at a duly held cor-
porate 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 BISCAYNE ENGINEERING COMPANY, 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
ENGINEERING
AND
,SURVEYING 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 con-
tract submitted by the City of Miami.
1984
IN WITNESS WHEREOF, this 24th, day Of FEBRUARY
CHAIRMAN bard of Directors
GEOR16E C. B.OLTON
84.-672 .
ae`t ar ie- a'c a , !t
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A_ N . _fS G.: G.. G N
�f 4
'� AGR�i N' thade thie` dad► of f oY1�d
s bet444h THE CITY Or '141AM10 a Municipal Corporation of the StAte h
of Ploride, hereinafter called the dITY, and CAMPANILE &
ASSOCIATES$ INC., hereinafter called the PRINCIPAL.
W I T N E S S E T H
WHEREAS, the CITY proposes to construct 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 engineering survey services;
and
WHEREAS, the CITY desires to engage an engineering/survey
firm 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. 84-63, dated January 19, 1984 and amended by
Resolution No. 84-554 dated May 10, 1984, approved the selection
of CAMPANILE A ASSOCIATES, INC, as one of the four most qualified
firms to provide professional engineering/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.
- 1 -
84-6 72 .
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E. The PliINCf f AL shall pert6t�tri the ` professional seri�ipt 8 }
3n acoordance with{ the
hereinafter set forth and general
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 - DEFZNITIONS I.
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 CAMPANILE & ASSOCIATES,-
INC., 16201 S.W. 95 Avenue, Suite 101, Miami, Florida, 33157,
phone 251-1711.
E. PROJECT - is hereby defined as any construction work
contracted by the CITY 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.
if
®dd
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V RVI
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1. The PRINCIPAL Shell act under the directibrl '*`t6i'.
PROJECT DIRECTOR and'shall, in Close coordination with the CI
TY,,
perform the following professional and technical servie e9
comprising the WORK and shall be fully responsible for all the'
professional and technical aspects thereof. The CITYtS 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 Public 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.
b. Prepare necessary documents, if required,
q , for
County, City, State and Federal agencies.
-3-
84-6`1 G. .
oope�rete, fully, with .tha CITY in,.ordet�.
d
a�..
'4
WORK away be properly ache�u�.�d
r
phases of the.
p-
coordinated.
t
d. his PROJECT to the
Report. the status of t
DIRECTOR upon request, and hold his, _.,note
n
calculations, and related work open to inspection
at any time.
Submit to the PROJECT DIRECTOR one original set of
e.
all survey field notes and any other data developed
of performing the required
for the purpose
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.
B. SCOPE OF WORK
The PRINCIPAL'S work shall include but not be limited to the
following:
Perform topographical survey including cross
�. HIGHWAY -
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. 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.
- 4 -
i
84--0i10'r 2
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NA�'TiNG :. Up+oii .re ei t or t ritten authdri atibr� fir
r NO CT bI C'the TOO -PRINCIPAL shall pLr�o�i� �tR
-
t
drafting servioes as requiredtb Suppie�i�nt "hip fie�� � _
work. flan and profile and cross-gection sheets ahfili
be of the beat quality mylar Film or eronefl6x srt�
3�=
shall be furnished by the PRINCIPAL. Other standard
blank sheets with the CITY title block imprinted .�
thereof, will be furnished by the CITY.
SECTION IV - PROJECT COMPLETION TIME
The cervices 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 -
j PRINCIPAL.
j SECTION V - LENGTH 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
PROJECT(S) on the above date, this AGREEMENT shall remain in
effect until completion or termination of said PROJECT U). No
new work orders will be issued after the two year period.
i
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
i
each PROJECT during the construction phase when said field office
i
is to be provided under the construction contract.
84-672. .
the terms and conditions of this AGREEMENT and all incidental and
preliminary work related thereto, fees in accordance with the
F
following schedule:
A, For the time of a Four Man Survey Party $490. per 8 hour day
t
�-
Be For the time of a Three Man Survey Party $410. per 8 hour day
C. For the time of a Two Man Survey Party $330. per 8 hour day
D. For the time of a Draftsman $ 30 per hour
E. For the time of a Surveyor -Computer $ 40 per hour
F. For the time of a Principal -Surveyor $ 55 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. Under A, B & C above, a minimum four
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 VIII - 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 shall have the sole right to determine on 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.
- 6 -
84- 6 72 .
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9ECfiI0N X � �!t'�E_.A M1.t��E
It PEfNCPAL is caused"extt �totkor xpeheeu� 't t
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ohaft any portion of the work is 9pprdVed
Clef, suah extra Mork shall be the subject of an additional wont'
order.
SECTION 'XI - APPROVAL OF FIELD NOTES
The CITY agrees that within thirty (30) days after delivery'
to approve, reject, or return with indicated sugghested revisions
or recommendations, all field notes 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.
SECTION XII- 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 all 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.
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
- T -
s4- 672. .
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15
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serv6aa widr H'aoh' 116iAp]eted oalendAr mt��ith'. pPio�
t �ii�[ rtiofi in aCoor�lanae with SECTIO VII Ci MPgN3AfiI k
SERVICES and SECTION t�III W PAYMMS0 provided "howevet" Yt at 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 any company or person any fee,
commission, percentage, brokerage fee, or gifts or any other
I
considerations contingent upon or resulting from the award or
i
making of this Agreement.
The PRINCIPAL also warrants that to the best of the
i
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.
84-672 .
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Y 'r_ "' V + a * -•s s- r f+,.. z t.. a,G. 3 la h#• 5 s w ""`sly _
1 tw�
shall not engage during the period ohi
3 The PRINCtPALt
Agreement the services of any professional or teehniodles+oh {`
who has been at any time during the period of this Agreement itl
the employ of the CITY.
The PRINCIPAL is aware of the conflict of interest law of
both the City of Miami and Dade County, Florida, and agrees that
he shall fully comply in all respects with the terms of said
laws.
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 assignments or transfer of this
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
heirs, executors, legal representatives, successors and assigns..
SECTION XVIII - RIGHT TO AUDIT
The CITY reserves the right to audit records of the
' to this Agreement anytime during the
PRINCIPAL pertaining
prosecution of this Agreement, and for one year after final
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.
- 9 -
84-6 72. .
z'-� tw
'the shall PAY, all claims and losses of any n�tur
. Prineipal
in connection therewith and shall defehd all suits=
whatsoever
costa
the name of the CITY when applicable, and shall pay all
including attorneys's fees and judgements which may issue
thereon.
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 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 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
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.
- 10 -
84-6 72 .
at � r -y �� � S r •`� x ° i�t� ���, -ti �'xfy-r 4� >r t �y'4`��.� aiY"
»Y.F�s•;2'F'3 SK i ifs. ` -i iit.'F �" .a 3'�-'" �+r5 "�?..
_ � ,� �Yc�ii'f.:_ Off. ��CtS�btzS` the
���
stall iN ��� 6e der foamed b y
yet"vic+� shl dec.�s►.
Al. whb
ghe,il
the p�tOJEGT �I�EC'�OEt
of whatever nature
whioh "td��i
gat'i5 faction disputes of
gtaeations, difficulties and Agreement, the prosecution
and
reason of this the character,
st ise under or by hereunder, and
services
of and the PROJECT DIREC'iC�E'S
the
fulfillment thereof, shall
amount, and value and disputes
qualityf uestions of fact,
claims► q parties hereto, unless
all upon the p
decisions up°n and binding, In the
be final, conclusive or unreasonable.
is clearly arbitrary judgement of the
such determination the
the PRINCIPAL does not concur in
that made by him, the PRINCIPAL
event any decisiongLiC
as to the DIRECTOR OF PU
PROJECT DIRECTOR objections to
shall present his written approval*.
- WORKS and su
bmit to the CITY COMMISSION for
SECTION XXII
,. NON-DISCRIMINATION against any employee or
CIPAL shall not discriminate ion} sex,
The PRIN color, relig
be of race, action
applicant for employment take affirmative
r national- origin• The PRINCIPAL
shall their
° are employed, without reg
and to
licants Such action
to ensure that apP national origin.
ion, sex, or Employment,
religion, to
race, color, the following
include, but not be limited to, recruitment
shall or
otion, or transfer; recruitment forms
upgrading, dem of pay or other
termination; rates
for training, including
layoff or
advertising' and selection
of compensation; agrees to post
in conspicuous
PRINCIPAL employment
apprenticeship. The and applicants for lOy
to employees forth the
places,
available Officer setting
notices to be provided by the Personnel
noti opportunity Clause.
this Equal
provisions of OF AGREEMENT
_ CONSTRUCTION shall be
SECTION XXIII that this Agreement
parties hereto statutes and case
The P agree
artto the laws,
'4 construed
and enforced according
law of
the State of Florida.
84w
j a _
_ 51,
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71
f
INOEPEN 1RIII. CONTRACTOR
That the PRINCIPAL and his .employees and agents: sha l,` bb�
deem
ed to be ..an independent contractor, and not an agent o
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 he/she shall not be deemed entitled to Florida Worker's
Compensation benefits as an employee of the CITY.
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 - 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. The City
will furnish wooden stakes as necessary.
- 12 -
84-6 72, .
r �nr�r�� r•:��-_ y res en'tv
Secret -al v
)(SEAL)
THE CITY OF MIAMI (a municipal
corporation of the State of
Florida)
ATTEST:
City Clerk
APPROVED AS TO CONTENT
BY:
y Manager
Departmento -Public
APPROVED AS TO FORM & CORRECTNESS APPROVED AS EMENTSTO INSURANCE
REQUI
'Aff010J4','�A411�9e__6y.'44- _�__
F-City AttorneyWN
- 13 -
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Risk Managent
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CORPORATE RESOLUTION
WHEREAS, the Board of Di rectors of
CAMPANILE AND -
ASSOCIATES, INQ6 has examined terms,
conditions, and
obligations of the proposed contract with the
City of Miami
f or Professional Land Survey Services
WHEREAS, the Board of Directors at
a duly held cor-
porate 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 CAMPANILE AND ASSOCIATES, 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 Land
in accordance with the contract
4;tjr aX Servi -es
documents furnished by the City of Miami ,'and for the price
and upon the terms and payments contained in
the proposed con-
tract submitted by the City of Miami.
IN WITNESS WHEREOF, this 27th
day of February_,
19 84
WIT ES
CHAIRMAN, Board of Directors
84- 672 .
'm wl-
AGREEMENT t
TH 18 AGREEMENT made this day of by-t�r
between ,.'THE CITY OF MI-AMI, a Municipal Corporation of tha= State
of Florida, hereinafter called the CITYp and SCHWEBKt-SHISkIN A
ASSOCIATES, INC, hereinafter called the PRINCIPAL.
WITNESSE_TH
WHEREAS, the CITY proposes to construct various Sanitary
Sewer, Storm Sewer, Highway, Park and Structural Projects;'and
WHEREAS, the CITY can make an allowance in the project
expen'se of each project to finance engineering survey services;
and
WHEREAS, the CITY desires to engage an engineering/survey
firm 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. 84-63, dated January 19, 1984 and amended by
Resolution No. 84-554 dated May 10, 1984, approved the selection
of SCHWEBKE-SHISKIN & ASSOCIATES, INC. as one of the four most
qualified firms to provide professional engineering/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.
- 1 -
84-672. .
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a PRINCIPAL shell perform the professional hervidee
hereinafter set i'orth and in general accordance with
insteudtioh a of the CITY as set forth in SECTION 111
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
1r
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 SCHWEBKE-SHISKIN &
ASSOCIATES, INC., 18800 N.W. 2 Avenue, Miami, Florida, 33169,
phone 652-7010.
E. PROJECT - is hereby defined as any construction work
contracted by the CITY 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. COMPENSATIUN - is nereoy QC11(1cu of H11C, aulvul va
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.
- 2 -
84-6 72. .
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SECTION :: � pRC ' S TONAL O-ELNV
f
The PRINCIPAL shall act under the direction
PROJECT DIRECTOR and shall, in close coordination with the CITY,
PROD ,
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 Public 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.
b. Prepare necessary documents, if required, for
County, City, State and Federal agencies.
- 3 -
I
84 -672. .
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Cooperate fully With the Ct�''� ii� c�rd+�r, that .,,11''tt
phases of the WORK taay .,be properly sahedul &z Ant
tx
coordinated.
d. Report the status of this PROJECT to the PROJEC'
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 t;
all survey field rotes and any other data developed
for the purpose gat performing the required _
t
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.
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. 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.
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6. DRAPTING Upon reoeipt of written authorization f ob
the PROJECT DIRECTOR, the PRINCIPAL shall pef t t�
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 aronaflex and
shall be furnished by the PRINCIPAL. Other standard
blank sheets with the CITY title block imprinted
thereof, will be furnished by the CITY.
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 two years after
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 date, this AGREEMENT shall remain in
effect until completion or termination of said PROJECT(S). No
new work orders will be issued after the two year 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.
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84-672. .
NIN
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9T 0ERVCEs
The -I TT agrees,
to pay and the P91MCIPAL agrees
t& bed
for_ services rendered
pursuant to the PROJECT in a000rdanoe wit-h=
the terms and conditions of this AGREEMENT and all incidental and
preliminary work related thereto, fees in accordance
with the
following schedule:
,w
A. For the time of a
Four Man Survey Party $520. per
8 hour day.
B. For the time of a
Three Man Survey Party $424. per
8 hour day
C. For the time of a
Two Man Survey Party $340. per
8 hour day
D. For the time of a
Draftsman $ 24 per
hour
E. For the time of a
Surveyor -Computer $ 30 per
hour
F. For the time of a
Principal -Surveyor $ 55 per
hour
IThe above fee schedule shall include all equipment,
supplies,
materials, tools and
labor necessary to complete the work except
G as noted in SECTION XXVIII.
Under A, B & C above, a minimum four
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 VIII - 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 shall have the sole right to determine on 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.
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84-f 72 ,
06
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WRA WORK
g
If the PRINCIPAL
is 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.
SECTION XI_APPROVAL
OF FIELD NOTES
The CITY agrees that within thirty (30) days after delivery
to approve, reject, or
return with indicated suggested revisions
or recommendations, all field notes 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.
SECTION XII- 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 all 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.
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 tha.t event termination of this Agreement shall be
in writing to the PRINCIPAL and the PRINCIPAL shall be paid for
- 7 - 84-6 72. .
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services rendered in each completed Calendar month Alrla
k tera�inatic�[� in ac+cordAnde with SECTION VII - COMPENSATION
f-
-SERVICES and SECTION 'Vill PAYMENTS f provided however --that the-16
PRINCIPAL is not in default under the terms of this A greeinent
i
If, however, the termination of this Agreement occurs during An
incomplete calendar month, then the PRINCIPAL shall be paid for
t
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 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.
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.
8 -
84-672. .
i'h R t 'IPAL shill not!: engage
during the period ��
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qi
'the se
rViaeg of any professional or teohnioaf pet*4605. ,
wht has 'Dash at er�y► time during the period of this Agreement. if
the employ of the CITY.
The PRINCIPAL is aware of the conflict of interest law of
both the City of Miami and Dade County, Florida, and agrees that
full comply in all respects with the terms of said
I he shall Y
laws .
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 assignments or transfer of this
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
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
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,
)r employees in the performance of services
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84-6'72 .
68N
the Principal shalt poky", all Clairas and lodges of any n4tu
'Whatsoever, in Connection therewith and shall defend aiif sues
the name of the CITY when applicable, and shall pay-: all 03-1-
including. attorneysts fees and judgements which may
thereon,
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 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 & 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 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
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.
10
84-672.
44
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All sewvioes shall be performed by the PRINCE PALthi _
satisfaction of the PROJECT DIRECTOR who shall deoids.
gUestiohs, difficulties and disputes of whatever nature whieh'iL
I
erise under or by reason of this Agreement, the prosecution and
fulfillment of the services hereunder, and the dharaater,
quality, amount, and value thereof, and the PROJECT DIRECTOR
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
f 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 Lo p05L in con5picuvu3
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.
s4-672. .
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UCT IflN X V NC P AZNIP CC TRAgTOR
That th'� P��NCf�Ai, and his employees end agents shell: b�ARP
deemed to be"an independent oontraotbr, 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; a
further he/she shall not be deemed entitled to Florida Worker's
Compensation benefits as an employee of the CITY.
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 - 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. The City
will furnish wooden stakes as necessary.
- 12 -
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IN WITNESS WHEREOF the parties hereto have, the6fth th6ftw
proper barpcsrabe of fiaiels, executed this ACKMNNTt the dey and �
year, first above set forth.
'&
ATTEST: SCHWEBKE-SHISKIN & ASSOCIATES, INC.
4
BY:
j2
.pere ary res en
( SEAL)
ATTEST:
City Clerk
APPROVED AS TO CONTENT
4\
ji ;
Department o u c or s
THE CITY OF MIAMI (a municipal
corporation of the State of
Florida)
BY:
City Manager
APPROVED AS TO FORM & CORRECTNESS
/4ii yA t t orney
APPROVED AS TO INSURANCE
REQUIREMENTS
Ri3k ManagemLant.
- 13 -
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CORPORATE RESOLUTION µ
SCHWEBKE-SHISKIN
WHEREAS,
the Board of Directors of
1
ASSOCIATES, INC.
has examined terms, conditions, and
contract with the City of. Miami
obligations of the
proposed
Professional gttgineering/Survey Services
for
WHEREAS, the Board of Directors at a duly held cor-
porate 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 SCHnBKE-SHISKIN & ASSOCIATES, 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 Engineering/
Survey 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 con-
tract submitted by the City of Miami.
IN WITNESS WHEREOF,
19 84
%'ClL•'Z lJL-�2�G1�E
ITNESS
i
this 27th day of February ,
CHAT MAN, Board of Directors
Richard P. Shiskin
84-- 672
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