Loading...
HomeMy WebLinkAboutR-83-0329J-83-250 0 RESOLUTION NO. )"f; A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND CROWDER, MAHONEY, MAKOWSKI, RICE AND ASSOCIATES, INC. TO PROVIDE PROFESSIONAL SURVEYING SERVICES IN CONJUNCTION WITH CITY CONTRACTED CONSTRUCTION PROJECTS WITH FUNDS THEREFOR ALLOCATED FROM THE PROJECT EXPENSE 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 a Engineering Land Surveying firm to render professional and technical services for the design and construction of said projects; and WHEREAS, the City can allocate funds for lard surveying services as a project expense from the individual construction contract funding; and WHEREAS, the City Commission, by Resolution No. 83-226 on March 18, 1983, approved the selection by the City 'Manager of Crowder, Mahoney, Makowski, Rice & Associates, Inc., as the most qualified firm to provide professional land surveying services for said projects and authorized the City Manager to negotiate the herein attached Agreement with said firm for the professional and technical services required for the said projects and requested that the said negotiated Agreement be presented for formal ratifica- tion 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, in substantially the form attached hereto, between the City of Miami and Crowder, Mahoney, Makowski, Rice and Associates, Inc. to provide Land Surveying services for the design and construction of various City contracted construction CITY C0I'411ISSION 14EE i'I1'; OF P.PR C 1983 1 EH41 is _. _.-- -__--. - -._. _ __ -s' 0 projects with funds therefor hereby allocated as a Project expense from each individual project funding. 1983. PASSED AND ADOPTED this 6th day of April Maurice A. Ferre M A Y 0 R ATTEST: 1. c . �LPHjMNGIE, CITY CLERK PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CITY ATTORNEY /R�ATTORNEY 83-329 5 A G I? E E 1,1 E N T THIS AGREEMENT made this day of , by and between THE CITY OF MIAP-II, a Municipal Corporation of the State of Florida, hereinafter called the CITY, and CROVTDER, MAHONEY, MAKOWSKI, RICE, 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. 83-262, dated March 18, 1983, approved the selection of CROWDER, MAHONEY, MAKOWSKI, RICE, INC., as the most qualified firm 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, efficent and professional manner and shall comply with the provisions of all applicable Federal, State and Local laws. - 1 - 83-32R 0 B. The PRINCIPAL shall perform the professional services as hereinafter set forth and in general accordance with the instructions of the CITY as set forth in SECTION III - PROFESSIONAL SERVICES. C. The PROJECT DIRECTOR will issue written authorization to proceed to the PRINCIPAL for each section of the work to be performed hereunder. In case of emergency, the -CITY reserves the right to issue oral authorization to the PRINCIPAL with the understanding that written confirmation will follow immediately thereafter. D. No specific projects are designated under this contract. The PRINCIPAL will be issued work orders as necessary which shall cover in detail the project and the work to be accomplished. SECTION II - DEFINITIONS A. CITY - is hereby defined as The City of Miami, Florida. B. CITY MANAGER - is hereby defined as the City Manager of the CITY. C. PROJECT DIRECTOR - is hereby defined as the director of the PROJECT appointed by the CITY MANAGER. D. PRINCIPAL - is hereby defined as CROWDER, MAHONEY, MAKOWSKI, RICE, INC., 8384 Bird Road, Miami, Florida, 33155, phone 223-8182. 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 - 83-32� SECTION III - PROFESSIONAL SERVICES A. GENERAL 1. The PRINCIPAL shall act under the direction of the PROJECT DIRECTOR and shall, in close coordination with the CITY, perform the follcwing 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 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 - 83--329 2 C. Cooperate fully with the CITY in order that all phases of the WORK may be properly scheduled and coordinated. d. Report the status of this PROJECT to the PROJECT DIRECTOR upon request, and hold his notes, calculations, and related work open to inspection at any time. e, Submit to the PROJECT DIRECTOR one original set of all survey field notes and any other data developed for the purpose of performing the required surveying work required for this PROJECT. The field notes shall be presented in approved Engineer Field Books. f. Hold himself in readiness for general consultation and advice from the date of this AGREEZ•IENT through the completion of the PROJECT. B. SCOPE OF WORK The PRINCIPAL'S word; 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. SEVIERS - 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 part: far 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 - 83-324 11 6. DRAFTING - Upon receipt of written authorization from the PROJECT DIRECTOR, the PRINCIPAL shall perform drafting services as required to supplement his field work. Plan and profile and cross-section sheets shall be of the best quality mylar film or cronaflex and shall be furnished by the PRINCIPAL. Other standard blank sheets with the CITY title block imprinted thereof, will be furnished by the CITY. SECTION IV - PROJECT COMPLETION TIME The services to be rendered by the PRINCIPAL for each PROJECT shall commence upon 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 until May 1, 1985 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 May 1, 1985. 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. - 5 - 83-32' SECTION VII - CO�IPENSATI0,1 FOR SERVICES The CITY agrees to pay and the PRINCIPAL agrees to accept for services rendered pursuant to the PROJECT in accordance with the terms and conditions of this AGREEMENT and all incidental and preliminary work related thereto, fees in accordance with the following schedule: A. For the time of a Four.Man Survey Party $520. per 8 hour day B. For the time of a Three `Ian Survey Party $440. per 8 hour day C. For the time of a Two Tian Survey Party $336. 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 $ 65. per hour The above fee schedule shall include all equipment, supplies, materials, tools and labor necessary to complete the work. 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 $300,000 over the period that this 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 VI for all work performed during the previous calendar month upon receipt of duly certified invoices in triplicate to the PROJECT DIRECTOR. SECTION IX - SCIIEDULE 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. W-1W 83-324 _ __ --. __ _,. - k's+J.Yi..w:+.vi'+-"•'s.aaMa:n+<avI .v��..:.:�s.....:_w..<�w:... ..:..:...�«. �». ...__. ,..._. _ SECTION X - EXTRA WORK 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 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 word:. 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, drawing, 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 - 7 - 83-329 the CITY. In that event termination of this Agreement shall be in writing to the PRINCIPAL and the PRINCIPAL shall be paid for services rendered in each completed calendar month prior to termination in accordance with SECTIO14 VII - C0;•IPENSATION FOR SERVICES and SECTION VIII PAUIENTS, provided however that the PRINCIPAL is not in default under the terms of this Agreement. If, however, the termination of this Agreement occurs during an incomplete calendar month, then the PRINCIPAL shall be paid for services rendered on a daily basis in such incomplete month provided that the PRINCIPAL is not in default under the terms of this Agreement. B. In the event of termination, all documents, plans, etc., as set forth in SECTION XII - OWNERSHIP OF DOCUMENTS shall become the property of the CITY, with the same provisions of use as set forth in said SECTION: XII. 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, 83-329 ►J 0 The PRINCIPAL shall not engage during the period of this Agreement the services of any professional or technical person who has been at any time during the period of this Agreement in the employ of the CITY. This does not apply to retired employees 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 instruments by both the CITY and the PRINCIPAL. SECTION XVII - SUCCESSORS AND ASSIGNS The PRINCIPAL shall made 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 the records of. the PRINCIPAL anytime during the prosecution of this Agreement, and for one year after final payment is made under this Agreement. SECTION XIX - INSURANCE AND INDEMNIFICATION The PRINCIPAL shall provide insurance as required hereinbelow prior to commencing work in this contract. The PRINCIPAL shall indemnify and save the CITY harmless from any and all claims, liability, losses and causas 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 - 83--329 The PRINCIPAL shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the CITY when applicable, and shall pay all costs and judgements which may issue thereon. The PRINCIPAL shall maintain during the terms of this Agreement the following insurance: A. Public Liability Insurance in amounts not less than $300,000.00 per occurrence for bodily injury and $50,000.00 per occurrence for property damange, 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. Workman's Compensation Insurance in the statuatory amounts. The insurance coverage required shall include those classifications as listed in standard liability insurance manuals, which most nearly reflect the operations of the PRINCIPAL. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida; and which are approved according to specifications of the Property Manager of the City. 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 effec-ive without the thirty (30) days written notice of the CITY. Compliance with the foregoing re�!uirements shall not relieve the PRINCIPAL of his liability anc` obligations under this Section or under any portion of this Agreement. SECTION XX - RIGHT OF DECISIONS All services shall be performed by the PRINCIPAL to the satisfaction of the PROJECT DIRECTOR who shall decide all 83_32y. 0 0 questions, difficulties and disputes of whatever nature :which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder, and the character, quality, amount, and value thereof, and the PROJECT DIRECTOR'S decisions upon all claims, questions of fact, and disputes shall be final, conclusive and binding, upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. In the event that the PRINCIPAL does not concur in the judgement of the PROJECT DIRECTOR as to anv decision made by him, the PRINCIPAL shall present his written objections to the DIRECTOR OF PUBLIC WORKS; and the PROJECT DIRECTOR and the PRINCIPAL shall abide by the decision of the DIRECTOR OF PUBLIC VIORKS. Adjustment of compensation and contract time because of any changes in the WORK that might become necessary or be deemed desirable as the WORN progresses shall be reviewed by the PROJECT DIRECTOR and the DIRECTOR OF PUBLIC WORKS and submitted to the CITE' CO'421ISSION for approval. SECTION XXI - 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 XXII - 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. 83-328 IN rJITNESS '�LIEREOF the parties hereto have, through their proper corporate officials, executed this .'agreement, the day and year first above set forth. CROWDER , MAHONEY , 1 AKO'-WSKI , ATTEST: RICE, INJC. BY ;-"Sec re ta ry ATTEST: THE CITY OF MIAMI (a municipal corporation of the State of Florida) BY: City Manager APPROVED AS TO CONTEINT ATTEST: 0 54 Howard V. Gary City Manager C"*, C: h'.a�� FCC INTEr,•C'rFICE MEti'ON-t-NDUNI �j�/ �1tr C4• �cifiald W. Cather O�rDirector of Public Works March 25, 1983 TILE RESOLUTION - APPROVING AGREEMENT FOR LAND SURVEY SERVICES ON CONSTRUCTION PROJECTS (City Commission Meeting Agenda - April 6, 1983) It is recommended that the proposed reso- lution be adopted by the City Commission at its meeting scheduled for April 6, 1983, whereby the City Commission will approve an Agreement, in substantially the form attached hereto, negotiated by the City Manager with CROWDER, MAHONEY, MAKOWSKI, RICE AND ASSOC., 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 a private survey firm to provide their services. 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 selected three firms for consideration. The City 18, 1983 approved Crowder, Mahoney, qualified firm to and construction Projects. Commission by Resolution #83-226, dated March the recommendation by the City Manager of Makowski, Rice and Assoc., Inc. as the most provide land survey services for the design phases of various City Contracted Construction 83-32q: AhL i WM Under the same Resolution, the City Commission directed the City Manager to present to the City Commission the negotiated contract 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 an Agreement, in substantially the form attached hereto, with Crowder, Mahoney, Makowski, Rice and Assoc., Inc., and authorizes the City Manager to execute it with funds therefore allocated as a project expense of each Contract. AJL:mh Resolution attached 83-325.