HomeMy WebLinkAboutR-77-0872RESOLUTION NO. 77-872
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH POST, BUCKLEY, SCHUH
AND JERNIGAN, INC., TO PERFORM SURVEYS AND
SOILS INVESTIGATIONS FOR THE WATSON ISLAND. DEVELOPMENT
PROJECT AND ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT
TO EXCEED $21,000, PLUS OUT OF POCKET EXPENSES
s;t ^ r` FOR RELATED SERVICES NOT TO EXCEED $10,000, FROM THE
-PUBLIC PARKS AND RECREATION FACILITIES BOND FUNDS.
r
D C J
MEREAS, the City of Miami proposes to develop City -owned
FOLLOW
Watson Island; and
WHEREAS, the City desires to engage an engineering firm to
provide surveys and soils investigations for the Watson Island
Development; and
WHEREAS, funds are available from the Public Parks and Recreation
Facilities Bonds for such project expense; and
WHEREAS, the City Manager recommends that Post, Buckley, Schuh &
Jernigan, Inc., be engaged to perform such project services in
accordance with the Agreement attached hereto;
NOW, THEREFORE, BE IT RESOLVED BY THE COM11ISSION OF THE CITY
OF MIAMI , FLORIDA:
Section 1. The City Manager is hereby authorized to enter into
the attached Agreement on behalf of the City of Miami with Post,
Buckley, Schuh & Jernigan, Inc., employing said firm to perform surveys
and soils investigations for the Watson Island Development Project.
Section 2. The amount of $31,000 is hereby allocated from the
account entitled "Public Parks and Recreation Facilities Bond
Fund" to cover the proposed cost of the Contract, as follows: Up
to $21,000 for the investigations, and up to $10,000 for out-of-pocket
expenses for related services.
"DOCUMENTJNDEX
PASSED AND ADOPTED THIS 1OTH DAY OF !IOVEMBER, 1977(TEM
MAURICE A3 _FERR _
MAYOR
CIe CLERK •
PREPARED AND APPROVED BY:
ROBERT F. CLERK
Assistant City Attorney
A PR9\6L'D AS TO FORM ARRECTNESS :
GEORGE
City
NOX J
torney
CITY CO MISSION
'MEET G OF
NOV 1 1r77
1
C ti 7
14
Joseph R. Grassie
City Manager
John E. Gilchrist:—.
Project Director /7
Watson Island
:;ATE
November 3, 1977
Watson Island Development
Surveys and Soils Investigation
Agreement
Following the procedures established by Resolution No. 75-1093,
passed and adopted by the City Commission on 1 December 1975,
and subsequently by a number of resolutions, the latest of which
was Resolution No. 77-671, passed and adopted by the City
Commission on 28 July 1977, whereby the City will provide
surveys and soils investigation information, among other things,
for the development of Watson Island, the enclosed resolution
and agreement are hereby provided for City Commission approval.
The agreement covers surveys and soils investigations services
to be provided by the firm of Post, Buckley, Schuh t. Jernigan,
Inc., for an amount not to exceed $21,000.00, plus out-of-pocket
expenses.
The resolution provides for approval of using funds from the
Public Parks and Recreation Facilities Bond fund to pay for the
services; to approve the firm for the work; and to authorize
the City Manager to enter into a contract with the firm for the
amount indicated.
THIS AGREEMENT grade this
cia)' of
, 197 ,
by and between THE CITY OF rMIAMI, a municipal corporation of the
State of Florida, hereinafter called "CITY", and POST, BUCKLEY,
SCIIUH ; .JERNIGAN, INC., Consulting Enginners and Planners, a
Florida corporation, hereinafter called the "PRINCIPAL";
V I T N E S S E T Ii :
WHEREAS, the CITY proposes to develop Watson Island, located
in Section 31 and 32, Township 53 South, Range 42 East, Dade County,
Miami, Florida, comprising an area of about 86 acres, more or less,
hereinafter called the "PROJECT"; and
WHEREAS, the CITY has (programmed approximately $475,000.00
from the Public Parks and Recreation Facilities fond Fund for
preliminary studies, surveys, engineering activities, economic
studies and related administrative costs; and
WHEREAS, the CITY desires to engage an engineering firm to
render the necessary professional and technical services, herein-
after called the "WORK", for the surveys and soils investigation
of the PROJECT, upon the terms, conditions and provisions herein-
after sct forth; and
WHEREAS, the Commission of the City of Miami has authorized
the City Manager to prepare invitation proposals for engineering
servi ces for• the development of Watson Island, further directing
the City ;•tanager to receive said proposals and to submit his find-
ings to the City Commission for its consideration; and
WHEREAS, the Commission of the City of Mi ami by (lotion No.
adopted , 1977, selected the firm of
Post, Buckley, Schuh F, Jernigan, Inc. and authorized and directed
the City '•tanager to execute an agreement with said firm for the
professional and technical services required for the PROJECT;
NOW, THEREFORE, the CITY and the PRINCIPAL for the considera-
tions hereinafter set forth, agree and covenant, one unto the other
:#s folios:
"SUPPORTIVE
DOCUMENTS
FOLLOW"
SECTION I - GENERAL
A. The PRINCIPAL and the CITY are fully aware of the PROJECT'S
schedule requirements and will therefore proceed with all diligence
to carry out the W0RK to meet such requirements. The PRINCIPAL shall
proceed with all applicable dispatch in a sound, economical, efficient
and professional manner, and to meet the provisions of, all. applicable
Federal, State and local laws; and
B. The PRINCIPAL shall perform the professional services as
hereinafter set forth and in general accordance with the instructions
of the CITY: and
C, The CITY has budgeted the amount of $47 5 , 000.00 for the
preliminary i.nvcstizations and studies of the Watson Island Development.
This amount includes the. following:
1. Preliminary studies and economic. studies.
2. The Basic Fee for the selected engineering firm providing
surveys and soils investigations.
3. Administrative costs of the PROJECT.
D. The PRINCIPAL shall provide surveys and soils investigations
within the Basic Fee allocated to this portion of the WORK.
E. The CITY agrees to pay and the PRINCIPAL agrees to accept as
payment in full for all professional and technical services rendered,
as outlined in SECTION III. - PROFESSIONAL SERVICES, hereof, a BASIC
FEE in an amount not to exceed Twenty -One Thousand Dollars
($21 , 000. 00) , plus out-of-pocket expenses for Related Services.
SECTION II - DEFINITIONS
A. CITY is hereby defined as The City of Miami, Florida.
B. CITY MANAGER is hereby defined as the City Planager of the
CITY.
C. DIRECTOR is hereby defined as the CITY'S Project Director
for the Watson Island Development.
I)z PRINCIPAL is hereby defined as Post, Buckley, Schuh £�
Jernigan, Inc., 7500 Northwest S2nd Street, Miami, Florida 33166.
li. PROJECT is hereby defined as the surveys and soils investi-
gations of Watson Island, including the waters immediately adjacent
thereto.
U . StORK 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. BASIC I'EE is hereby defined as the amount of money that the
CITY agrees to pay and the PRINCIPAL agrees to accept as payment in
.full For all professional and technical services rendered pursuant to
this Agreement, to complete the WORK as further defined in SECTION III -
PROFESSIONAL SERVICES, hereof.
H. DIRECT TECIINICAL SALARY EXPENSE is hereby defined as the
straight -time portion of wages and salaries subject to Federal Income
Tax of the I'I:INCIPAL's technical personnel (Principals, Engineers,
Planners, Designers, Draftsmen, Surveyors, Specifications Writers and
Technicians) engaged directly on the PROJECT. The Direct Technical
Salary Expense charged against the PROJECT for any personnel, including
PRINCIPALS shall not exceed THIRTY DOLLARS ($30.00) per hour plus
payroll burden which shall not exceed THIRTY-EIGHT Percent (38%).
SECTION III - i'ROFESSIONAL SERVICES
The Pr rNC:IPAL in close coordination with the CITY shall perform the
followin; 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 and surveying services and practices,
rt.. l 1 1 i' ,1 •. r-
s
\ I�ASIC SERVICES
The :)as i c r,:ices
to be provided by the PRINCIPAL, under this
Agreement fall into the category of Land Surveying and shall consist
of the following items:
1. Set control monuments and targets with vertical and hori-
onta). controls Cor aerial mapping.
2. Perform spot survey of abutment area under the bridge at
the Westerly side of Watson island to determine under
bridge -:leararaccs .
3. Establish the m(.::trr high: .Jcaccr 1 ine at the Island and plot
the rnc.an high water lino on tlac aerial photo map.
4. Perform hydrographic survey and plot soundings of existing
and proposed marina areas and possible pipe crossing to
;;i: c;rvr,c Island on the aerial photo map.
S. Prepar^ legal description of the boundary of Matson Island
based on the mean high water line and show thereon the
right-of-way of U.S. Highway 41 and any other encumbrances
;shown on an abstract of title.
6. Perform tree survey,
7. Set stakes for soil borings on dry land.
3. Plot locations cE utilities on :Watson Island from records:
provided by others.
9. Plot distances to off -shore locations from existing U.S.G.S.
and N.O.A.A. Charts.
RELATED SERVICES
The PRINCIPAL shall provide the following related services
by means of sub -contracting for such services with professional associate
as noted hereinafter under SECTION XX - CONSULTANTS.
1. Obtain an aerial photo map of Watson Island and off-shor^
water areas at .a scale of 1" = SO' with one foot contours
and spot e:levatiolts,
4
, Obtain an abstract of title for Watson Island.
Obtain four penetration borings and 37 auger borings
In performing the Basic Services and Related Services, the PRINCIPAL
shell act as his own representative to the CITY in all matters pertain-
ing to the PROJECT.
SECTION TV - CITY'S SERVICES AND RESPONSIBILITIES
The CITY shall furnish the PRINCIPAL with the following services
and information from existing CITY records and CITY files:
A. The CITY shall provide information regarding its known require-
menu For the PROJECT.
13. Upon the PRINCIPAL's written request, the CITY will furnish or
cause to ' be furnished such reports, studies , instruments, documents and
other information as the PRINCIPAL and the CITY mutually deem necessary,
and the PRINCIPAL may rely upon same in performing the services required
under this :Agreement.
C. The CITY represents that it is a political subdivision of the
State of Florida with the authority to engage the professional services
and to accept the obligation for payment for the services as described
herein.
D. The CITY will do all reproduction and binding of the drawings
and related items, and loan all existing and applicable CITY aerial
photographs.
E. The CITY shall appoint a PROJECT DIRECTOR to act as liaison
between the CITY and the PRINCIPAL, and the PRINCIPAL will not start work
nor incur any expenses for any Phase of the WORK, special conditions or
change orders without having received written authorization from the
CITY'S PROJECT D[RECTOR to do so. Nothing contained herein shall relieve
the PRINCIPAL. of any responsibility as provided under this Agreement.
sEC,T on
- COMPENSATION FOR SERVICES
For professional and technical services for the surveying and
soils investigations of the PROJECT, as outlined in SECTION III
hereof, the CITY agrees to pay, and the PRINCIPAL agrees to accept:,
as a full payment for his services a P,ASTC FEE not to exceed
TWENTY-ONE THOUSAND DOLLARS ($21. , 000 . 00) , plus out of pocket expenses
for. Related Services. 't'hi.s Payment will be made monthly in proportion
to the services actually performed so that the compensation at the
completion of each worl< item shall equal an upset amount of the total.
BASIC FEE:
BASIC FEE NOT TO
A. BASIC SERVICES EXCEED
WORK ITEM
1. Vertical and horizontal control• for $ 2,885.00
aerial. mapping
2. Spot survey of abutment area under westerly 690.00
bridge
3. Establish and plot mean high .~rater line 5,310.00
4. Hydrographic: survey and plot soundings 7,650.00
5. Legal. description 750.00
6. Tree survey 3,370.00
7. Staking for soils investigation 345.00
8. Plot Utilities No charge'*
9. Plot distances to off -shore locations No charge'*
-'Note: The cost for this Work Item is included in other Work
Items.
B. RELATED SERVICES
WORK ITEM
1. Aerial reap, 1" = 50'
2. Abstract of Title
3. Soils investigations
ESTIMATED FEE
$ 3,500.00**
300. 00**
2, 200.00 **
**Note: The cost of this Work Item shall include the actual
sub -contract cost to the PRINCIPAL plus Ten Percent (10%)
for coordination, supervision and administration of
the sub -contract, including the PRINCIPAL'S overhead
and profit.
In determining the actual cost of the Work Items listed under
Paragraph A - BASIC SERVICES, hereinabove, the PRINCIPAL shall take the
Direct Technical Salary Expense, as defined under SECTION if - DEFINITIONS
of all those persons engaged directly on the Work Item and adding a
charge of One Hundred Fifty Percent (150%) for overhead and profit. In
any event, the total cost of any one Work shall not exceed the amount
shown hereinabove and the aggregate total of all Work Items, including
Basic Services and Related Services, shall not exceed the BASIC FEE.
SECTION VI - SCHEDULE OF WORK
The PRINCIPAL agrees that time is of the essence in the achievement
of the PROJECT and further agrees to execute the professional and technical
services prorlptiy and diligently and only upon and in strict conformance
with specific authorization from the City Manager in writing. It is
understood and agreed by parties that the following schedule for the
WORK will be strictly followed by the PRINCIPAL.
All Work Items that are not dependent upon the availability of aerial
maps shall be completed within six weeks following Notice to Proceed.
Remaining services and Work Items shall be completed within two weeks of
receipt by the PRINCIPAL of aerial maps,
SECTION VII - ADDITIONAL WORK AUTHORIZED BY THE CITY
The CITY reserves the right to increase the scope of WORK and to
authorize the PRINCIPAL to provide additional services, if found necessary
by the CITY. In such an event, the fee for these services will be on a
negotiated basis.
SECTION VIII - TERMINATION OF AGREEMENT
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 his services rendered for each Work
item prior o termination in accordance with SECTION V - COMPENSATION FOR
SERVICES; provided, however, that the PRINCIPAL is not in default under
the terns 07 this Agreement, lf, however, the termination of this
Agreement occurs daring an incomplete Work Item, then the PRINCIPAL
:,her I 1 he p:r i d AL tiee rate of one and one -hall (PA) times I)i rect Tcchn i c::
Salary Iixpen::o for those services rendered in such incomplete Work !tern,
provided that the PRINCIPAL is not in default under the terms of this
Agreement. In no case, however, will the CITY hay the PRINCIPAL a
greater amount for an incomplete Work Item than would have been paid
had the termination been made at its completion.
In the event of termination, :a1.1 documents, plans, etc., as set
forth in SECTION XI- OWNERSHIP OF DOCUMENTS, TS, shall become the property
oi' the CITY, with Elio same provisions of use as set forth in said
SECTION Xi.
SECTION IX - PRINCIPA\L'S SPECIALIST
The PRINCIPAL proposes to have the following specialists, either
from his or;ani::t _on or as hi:, consultants or associates, to perform
the se;'vic ,s indicated.,
A, Civil
B. Surveying
C. Soils investigations
The PRINCIPAL will be responsible for all the WORK of his
organization, and of his consultants or associates. Nothing
own
contained
in this Agreement shall create any contractual relation between any of
the specialists working for the PRINCIPAL and the CITY. It shall be
understood that the PRINCIPAL is in no way relieved of any responsibil-
ity under the terms of this Agreement by virtue of any other professional
who may associate with him or who may sub -contract to him in performing
the WORK.
SECTION X - ADDITIONAL PROFESSIONAL RESPONSIBILITIES
The following professional services and work by the PRINCIPAL shall
not be considered extra services but on the contrary shall be considered
part of the WORK of the PRINCIPAL.
A. Perform any revisions suggested by the CITY that are within the
scope of the WORK before the, documents are accepted and approved by the
CITY,
- S
SECTION XI - OWNERSHIP OF DOCUMENTS
All tracings, plans, drawings, specifications, field books, sur-
vey information, maps, contract documents, reports and other data
developed as a result of this Agreement shall become the property of
the CITY without restriction or limitation on their use. It is fur-
ther stipulated that all information developed as a part of the PROJECT
shall not be used by the PRINCIPAL without written, consent of the
CITY.
It is further understood by and between the parties that any
Information, maps, contract documents, reports, tracing, plans, draw-
ings, specifications, books or any other matter whatsoever which is
given by the CITY to the PRINCIPAL pursuant to this Agreement shall
at all tithes remain the property of the CITY and shall not be used
by the PRINCIPAL for any other purpose whatsoever without the written
consent of the CITY.
It is further understood that no publicity or press releases are
to be issued by tax! PRINCIPAL without prior submittal to the CITY and
written approval .from the CITY.
SECTION XII -- 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 con-
tingent upon or resulting from the award or making of this Agreement.
The PRINCIPAL also warrants that to the best of his knowledge
and belief no Commissioner, 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 con-
nection with the contract or construction of this PROJECT.
The PRINCIPAL shall not engage during the period of this Agree-
ment 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.
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"SUPPORTIVE
DOCUMENTS
FOLLOW"
The PRINCIPAL is . Ovate of the conflict Of interest laws of
both the City of Miami and Dade County, I'lc,ridri, and agrees that
he :shrill, Cully comp Ly in nl L respects with the terms of said laws.
SECTION XI1I - EXTENT 0I' AGKI?E •?ENT
This Agreement: represents the entire and integrated Agreement
between the CITY and the PRINCIPAL and supercedes all prior negotia-
LLon:s, • representations or Agreements, either written or. oral. This
Agreement may be .emended only by written instrument by both the CITY
and the PRINCIPAL.
SECTION XIV - SUCCESSORS ,AND ASSIGNS
The PRINCIPAL shall. make no assignments or transfer of this Agre-
ement, or sublet, assign or transfer any part of the WORK under this
Agreement without the written consent of the CITY. This Agreement
shaLL be bindi_n� upon the parries hereto, their heirs, executors,
legal represent;z':i.:Tcs, successors :ind assigns.
SECTION .<V - TRUTH IN NEGOTIATIONS
The PRINCIPAL hereby certifies that wage rates and other factual
trtti�: rosccs suppt:tin„ t:h:2 compensation are accurate, complete and cur-
rent at i:he time of contracting and that the original contract price
and any additions thereto shall be adjusted to exclude any signifi-
cant :-surn where the CITY determines the contract price was increased
due to inaccurate, incomplete or non --current wage rate and other
Factual .+nib: post. Such :Adjustments must be made within one year
following the end of the Contract.
SECTION XVI - RICILT TO ADUIT
The CITY r^serves the right to audit the records of the PRINCI-
PAL at any time during and within two years after the prosecution of
this Agreement.
Not withstanding any other provision of this Agreement, in no
event shall the payment of the BASIC FEE under. SECTION V herein,
enable the PRINCIPAL to earn a profit or more than twenty percent
(207) of the BASIC FEE. At the time of the final increment of that
-10-
BASIC FEE is due to be paid by the CITY to the PRINCIPAL pursuant
to the terms of SECTION V herein, the PRINCIPAL shall .submit to the
CITY a certification of his total costs incurred and profits realized
in providing the basic services as outlined in SECTION LII herein.
If such certifications indicates profits in excess of the maximum
set forth above, the PRINCIPAL shall simultaneously remit any overage
to the CITY. The CITY reserves the right to audit the books and
records of the PRINCIPAL and to adjust the amount of any such repay-
ment in the light of said audit. In calculating the total costs
incurred by the PRINCIPAL'S own staff, the PRINCIPAL shall use a per-
centage overhead applied to the DIRECT TECHNICAL SALARY EXPENSE as
defined in SECTION II herein. The percentage overhead shall be equal
to the actual percentage overhead pertaining for all of the PRINCIPAL'S
work in the last twelve (12) month period preceding the date of this
Contract for which data is available. All services provided by sub-
contractors to the PRINCIPAL ::hall be included at the actual cost
paid by the PRINCIPAL and the percentage overhead shall not apply.
SECTION XVII - INSURANCE AND INDE:•'NIFICATION
The PRINCIPAL shall not commence work on this Contract until he
has obtained all insurance required under this paragraph and such
insurance has been approved by the CITY,
The PRINCIPAL shall indemnify and save the CITY harmless from any
and all claims, liability, losses and causes of action which may arise
out of the PRINCIPAL'S operation of this Agreement.
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 judge-
ments which may issue thereon.
The PRINCIPAL shall maintain during the term of this Agreement
the following insurance:
A. Public Liability insurance in amounts not less than
$100,000.00 per person and $300,000,00 per accident for bodily injury
and $50,000.00 per accident for property damage.
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"SUPPOtRT(VE
C, V, S
lutotr.obi.te Liability Insurance coVerLng all owned, noncl;•netl,
and hire 7ehicle in amounts as indicated in Paragraph "A" above.
C. Professional Liability Insurance in as minimum amount of
$ l , 000 , 000. 00 covering all liability arising out of the terms of this
t1r teement .
D. Employers Liability Insurance in .amounts as indicated in
Paragraph "A" above.
I;. t;h rktmm.n's Compensation Insurance in the statutory 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 he 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 certificates of insurance to the
CITY prior to til._ 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 to the CITY.
Compliance with the foregoing requirements shall not relieve
the PRINCIPAL of his liabilities and obligations under this Section
or under any portion of this Agreement:
SECTION XVIII - RIGHT OF DECISIONS
All services shall be performed by the PRINCIPAL to the satis-
faction of the Director of Watson Island who shall decide all questions,
difficulties and disputes of whatever nature which may arise under
or by reason of this Agreement, the prosecution and fulfillment of
the services hereunder, .ind the character, quality, amount, and value
thereof, and the 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 DIRECTOR as to any decision made by him, the PRIN-
CII'AL shall present his written objections to the CITY MANAGER; and
the DIRECTOR and the PRINCIPAL shall abide by the decision of the
CITY MANAGER. Adjustment of compensation and contract time because
of any cho.nge:; in the WORK that may be necessary or be deemed desir-
able as the WORK progresses, :;hall be reviewed by the DIRECTOR and
the CITY MANAGER and submitted to the CITY COMMISSION for approval.
SECTION XIX - NON-DISCRIMINATION
A. The PRINCIPAL will not discriminate against any employee or
applicant for employment: because of race, color, religion, sex, or.
natural origin. The PRINCIPAL will take affirmative action to ensure
that applicants are employed, and the employees are treated during
employment, without_ regard to their race, color: religion, sex, or
natural origin. Such action shall include, but not be limited to,
the following: Employment, upgrading, demotion, or transfer; recru-
itment or recruitment advertising; layoff or. termination; rates of
pay or other t_o.•ms of compensation; rind selection for training,
includins apprenticeship. The PRINCIPAL agrees to post in conspi-
cuous places, :available to employees and applicants for employment,
notices to be provided by the Personnel Officer setting forth the
provisions :of i:his Equal. Opportunity Clause.
B. The PRINCIPAL shall in all solicitations or advertisements
for employees placed by or on behalf of the PRINCIPAL, state that
all qualified applicants will receive consideration for employment
without regard i:o race, color, religion, sex or national origin.
C. The PRINCIPAL shall send to each labor union or represent-
ative of workers with which he has collective bargaining agreement
or other contract or understanding, a notice, to be provide by the
agency Personnel Officer, advising the Labor union or workers'
representative of the PRINCIPAL'S commitments under this Equal
Opportunity clause, and shall post copies of the notice in conspi-
cuous places :available to employee:, and applicants for employment.
D. The PRINCIPAL shall comply with all provisions of Executive
Order NO. 11246 of September 24, 1965, as amended by Executive
-13
Order No. i.1375 of October. 1.3, 1967, and of the rules, regulatiotl::
and relevant orders of the Secretary of Labor.
the PRINCIPAL shall furnish all information and report: re-
quired by Executive Order No. 11246 of September 24, 1965, as amended
1_,•� �.:: �:ri..,,, ;V:lix No. 1.1.375 of October 1.3, 1967, and by the rules,
regulations :end order of the Secretary of Labor, or pursuant thereto,
and shall permit access to this books, records and accounts by the
CITY and the Secretary of Labor for purposes of investigation to
aseerr_ain compliance with such rules, regulations and orders.
P. In the event of Lhc PRINCIPAL'S noncompliance with the
Equal. Opportunity clause of this Agreement or with any of the said
rules, regulations or orders. this Agreement may be canceled, term-
inated or suspended, in -•rbole or i.n part, and ;:he PRINCIPAL may be
declared i.neli; i.b1e For further CITY contracts in accordance with
procedures authorized in Executive Order No. 11246 of September
24, 1965, i5 amended by Executive Order No. 11375 of October 13,1967,
or by _-ul , ---egul,_it:i.on o: order of the Secretary of Labor, or as
otherwise provided by law.
G, The PRINCIPAL shall include the provisions of XIX A through
XIX G itt every subcontract or purchase order unless exempted by rules,
regulations :i- orders c;r the Secretary of Labor issued pursuant to
Section 204 of Executive Order No. 11246 of September 24, 1965, as
amended by Executive Order No. 11375 of October 13, 1976, so that
such provisions r•wi11 be binding upon each subcontractor or vendor.
The PRINCIPAL shall take such action :with respect to any subcont-
ractor or vendor. The PRINCIPAL shall take such action with respect
to any subcontractor or purchase order as the CITY may direct as a
means of enforcing such provisions, including sanctions for noncom-
Liance: Provided, however that in the event the PRINCIPAL becomes
involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the CITY, the PRINCIPAL
may request the CITY to enter into such litigation to protect the
interests of the CITY.
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SECTION XX - CONSULTANTS
The CITY hereby approves the following firms which the PRINCIPAL
proposed to engage to provide consulting services for the PROJECT
. as;.,.s°ub`contractor; to the PRINCIPAL:
A. Acrid. Mapping and Topography
Bosi;orth Aerial Survey, Inc.
4057 Lakeworth Road
Lake Worth, Florida 33480.
B. Soils Investigations:
Pittsburgh Testing Laboratory
3901 Northwest 29th Avenue
Miami, Florida 33142
C. Abstract of Title:
Lawyers Title Services, Inc.
529 West Flagler Street
Miami, Florida 33130
The PRINCIPAL shall furnish the CITY with a copy of •each of t:he
subcontract agreements.
The PRINCIPAL shall not subcontract for other consulting services
without prior written approval of the CITY.
SECTION XXI - 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.
IN WITNESS WHEREOF the parties hereto have, through their proper
corporate officials, executed this Agreement, the day and year first:
above set forth.
THE CITY OF MIAMI, Florida a
municipal corporation of the State
of Florida
ATTEST: By:
CITY CLERK
PREPARED AND APPROVED BY:
3UDLT 1 E. E OLt ANDER
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
GEOR(GE 1•,. KNOX JR.
City Attorney
CITY MANAGER
POST, BUCKLEY, SCHUH & JERNIGAN,IN(
ATTEST:
SECRETARY