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HomeMy WebLinkAbout23551AGREEMENT INFORMATION AGREEMENT NUMBER 23551 NAME/TYPE OF AGREEMENT CIFUENTES & SANCHEZ CONSULTING DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/FIRE STATION NO. 12 EFFECTIVE DATE December 23, 1992 ATTESTED BY WALTER FOEMAN ATTESTED DATE 1/4/1993 DATE RECEIVED FROM ISSUING DEPT. 1/5/1993 NOTE 22-92 TUE 16 : S2 .FINANCE . DEFT ? O 72 �J UOCUMLNT LOG FORM /CITY MANAGER'S OFFICE Name of party(les): ... Document type: Purpose:. Faciliky: Date(s): Department: Contact person(questlons): Contact person(delivery): CIFUENTES AND .$ANCHEZ CONSULTING PROFESSIONAJ. SERVICES AGREEMENT ' FIRE STATION NO.-12 PROPESSIONAL SERVICES AGRE RRMNT FIRE STATION H0. 7 2 DEC. 22, 1992 PU$J.IC VORZS • JUAN ORDONEZ ARA ZAPATA - Tel .: 6856 Tel .: 6856 EXPENSE/REVENUE $ 4,500.00 ACCDUNT(s1/PRO1ECT(s) CtP NO. I0938 Authorized by Resolution No. (ATTACHED) OR APPROVED 8Y: Budget Director CiP A4Ministrator. Comm. Devi , 01 rector (IF GENERAL FUNDS) (IF CIP FUNDS) (IF O.D. FUNDS) xX All City requirements have been net and the document(s) it(are) ready for execution Dept. 0 ctor/Designee n. DEPT. DIRECTOR OR DESIGNEE vm, pate_L re ACM/Advisor iJ) ' 4.Date /1•• Zz-1'L_. `Signs ure Date Rec.by Mgr's. Off.: Date signed by Mgr.: Attested by City Clerk: Returned to dept/office: ' -; ORIGINAL TO CITY •CLERIC REV. 9/20/91 3 • • 6 /6 1I LOLJ9S9 •-'JI0 S.11391 NV1 )II,) MU; 9 : ZG-Z2-ZI: IRVIN d0 ALIO:AU INIGF Imo' ,IJEC,-?22-92 TUE 16:52 FINANCED 4. DOCUMENT LOG FORM /CITY MANAGER'S OFFICE Name of p,Irtyt 1 es) : CIFURNTSS ARO SANCHBZ OONSULTINO Document type: PROFESSIONAL SERVICES AGREEMENT Purpose: Facility: Daters) Department: Contact person(questions): Contact person delivery); FIRE STATION NO. 12 PROFESSIONAL SERVICES ACRR F.KHNT FIRE S'rATION NO. 12 DEC. 22, 1992 PUBLIC WORKS JUAN ORAONEZ Ann ZAPATA 0 Tel.: 6856 Tel 6856 EXPENSE/REVENUE $ 4.5oo,0a ACCOUNT(si/PRO,)LCT(s) GIP No. 10938_ Authorized by Resolution No. APPROVED 8Y: Budget Director CIP A4Ministrator Comm. Devi. Di rector (ATTACHED) OR (IF GENERAL FUNDS) (1F CIP FUNDS) (IF O.D. FUNDS) XX All City requirements have been net and the document(s) is(are) ready for execution Dept. 0 ctor/Des1 gniee h DEPT. DIRECTOR OR DESIGNEE go ire ACM/Advisor ()PULL_ Date /L•• 2 . -i 'L `Signature Date Rec.by Mgr's. Off.: Date signed by Mgr.: Attested by City Clerk: / 9-3 Returned to dept/office: / -C 9_ ORIGINAL TO CITY•CLERK: REY. 9/20/91 Dated E IE LOLj999 - 'd I0 S, Na9YNVF A110 ! Vkl :' : ZU-zZ-ZI : WIN AO Al l O t Ag ,LIVaS DOCUMENT LOG FORM /CITY MANAGER'S OFFICE Name of party(ies): CIFUENTES AND SANCHEZ CONSULTING Document type: PROFESSIONAL SERVICES AGREEMENT Purpose: FIRE STATION NO. 12 — PROFESSIONAL SERVICES Facility: Dates) Department: Contact person(questions): Contact person(delivery): AGREEEMNT FIRE STATION NO.- 12 DEC. 22, 1992 PUBLIC WORKS JUAN ORDONEZ ANA ZAPATA Tel .: 6856 Tel.: 6856 EXPENSE/REVENUE $ 4,500.00 ACCOUNT(s) /PROJECT(s) CIP NO. 10938 Authorized by Resolution No. (ATTACHED) OR APPROVED BY: Budget Director CIP Administrator Comm.Dev.Director xx All City requirements have been met and document(s) is(are) ready for execution Dept. Di ctor/Designee Init. (IF GENERAL FUNDS) (IF CIP FUNDS) (IF C.D. FUNDS) the DEPT. DIRECTOR OR DESIGNEE �% - ��� Date t2 II Signat re ACM/Advisor LyUtz.__ Date /2-` 2-L-eI'L.. Signature Date Rec.by Mgr's. Off.: Date signed by Mgr.: Attested by City Clerk: Returned to dept/office: ORIGINAL TO CITY CLERK: REV. 9/20/91 r CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : FROM Cesar H. Odio City Manager aldemaE . �e Acting Direc or of Public Works DATE : SUBJECT : REFERENCES: ENCLOSURES: November 24, 1992 ALE: Fire Station No. 12 Professional Services Agreements The Department of Public Works is currently preparing plans for the New Fire Station No. 12, a three bay station located on the same site as the existing Station No. 12. This project has become a critical need for the Fire Department due to the dilapidated condition of the existing structure. Due to the complexity of the project, the Department of Public Works is assembling a design team which will include outside registered electrical and mechanical engineers to provide professional and technical services to the Department 's design team. The Department has determined that Enrique Fernandez, P.E., Inc. and Cifuentes and Sanchez Consulting are the most qualified firms to provide the necessary electrical and mechanical services respectively for the New Fire Station No. 12. Enclosed please find the two Professional Services Agreements between the City of Miami and the consultants for your signature. NP:az cc: Jim J. Kay Allan I. Poms Juan B. Ordonez Victor Marzo a9 L PROFESSIONAL SERVICES AGREEMENT This A reement entered into this v'�3"_iay of , 1992, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and Cifuentes and Sanchez Consulting, a licensed registered professional consultant in the State of Florida, hereinafter referred to as "CONSULTANT". RECITAL: Whereas, the 1991-92 Capital Improvement Ordinance No. 10938, adopted on January 23, 1992, appropriated $1,300,000.00 for the New Fire Station No. 12; and Whereas, said project will be funded up to a proposed amount not to exceed $1,300,000.00; and Whereas, the complexity of this project will require the services of a Mechanical Engineer; and Whereas, the City of Miami will retain the services of a qualified Mechanical Engineer, in accordance with the requirements of the South Florida Building Code, at a total cost not to exceed $4,500.00; and Whereas, the Department of Public Works has determined that Cifuentes and Sanchez Consulting, is a most qualified firm to provide the necessary Mechanical Engineer services for the new Fire Station No. 12 Project. 0 NOW, therefore, in consideration of the mutual covenants and obligations herein contained and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: TERM: The term of this Agreement shall be from the date of this agreement for a period not to exceed forty-five. (45) days, or when the project is completed and accepted by the City of Miami, whichever is later. SCOPE OF SERVICES: A. Consultant shall perform and be responsible for the following professional and technical services: 1. Plumbing design which includes the revision of the building program and the coordination of the plumbing requirements of the building with the Fire Department. 2. Coordination of the plumbing design with the Architect and the electrical and HVAC drawing. 3. Any and all technical reports as required by the South Florida Building Code. B. Any additional services, as required in writing and approved by the City. At the City's option, for additional services the Consultant may be paid an agreed upon fixed fee for those services rendered. COMPENSATION: A. City shall pay the Consultant, as maximum compensation for the services required pursuant to Paragraph II hereof, four thousand five hundred dollars ($4,500.00), at the rate of $40.00 per hour. B. Additional services approved by the CITY shall be paid as provided under Paragraph II-B. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local government. V. GENERAL CONDITIONS: A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally, served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI CONSULTANT (name & address) City Manager 3500 Pan American Drive Miami, Florida 33133 Cifuentes and Sanchez Consulting 7321 S.W. 133 Avenue Miami, Florida 33155 6. Title and paragraph headings are for convenient reference and are not part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. VI. OWNERSHIP OF DOCUMENTS: All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to Paragraph II hereof and shall become the property of CITY. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain in the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. VII. NON-DELEGABILITY: That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. VIII. AUDIT RIGHTS: CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. IX. AWARD OF AGREEMENT: CONSULTANT warrants that it has not employed o.r retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. L X. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. XI. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII. INDEMNIFICATION: CONSULTANT shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONSULTANT'S activities under this Agreement, including any person acting for or on its behalf, and, from and against any order, judgments or decrees which may be entered and from and against all costs, attorneys' fees, expenses incurred in the defense of any such claims, or in the investigation thereof. If the CITY chooses to defend any action on behalf of itself, it shall bear its own costs of defense, and if the provisions of this indemnity provision are applicable, CONSULTANT shall indemnify the CITY accordingly. In any event, CITY shall promptly notify CONSULTANT as soon as it has notice of any matters for which this indemnity provision may be applicable. XIII. (RESERVED) XIV. CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of CONSULTANT or its employees, must be disclosed in writing to CITY. B. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. xv. INDEPENDENT ENGINEERS: CONSULTANT and its employees and agents shall be deemed to be independent engineers, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further they shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XVI. TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Paragraph II hereto without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will the CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payment made in accordance with this Paragraph to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XVII. NONDISCRIMINATION: CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap in connection with its performance under this Agreement. Furthermore that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year first above written. WITNESSES: CITY OF MIAMI, a municipal Corporation of the State of Florida By CESAR H. ODIO, CITY MANAGER CONSULTANT: CIFUENTES AND SANCHEZ CONSULTING APPROVED AS TO FORM AND CORRECTNESS: /// APPROVED AS TO SURAN REQUIRF,A TS : C_ BY Sujan S. Chhabra, Director Risk Management PROFESSIONAL SERVICES AGREEMENT reement entered into this cy"5 ay of , 1992, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and Cifuentes and Sanchez Consulting, a licensed registered professional consultant in the State of Florida, hereinafter referred to as "CONSULTANT". RECITAL: Whereas, the 1991-92 Capital Improvement Ordinance No. 10938, adopted on January 23, 1992, appropriated $1,300,000.00 for the New Fire Station No. 12; and Whereas, said project will be funded up to a proposed amount not to exceed $1,300,000.00; and Whereas, the complexity of this project will require the services of a Mechanical Engineer; and Whereas, the City of Miami will retain the services of a qualified Mechanical Engineer, in accordance with the requirements of the South Florida Building Code, at a total cost not to exceed $4,500.00; and Whereas, the 0epartment of Public Works has determined that Cifuentes and Sanchez Consulting, is a most qualified firm to provide the necessary Mechanical Engineer services for the new Fire Station No. 12 Project. NOW, therefore, in consideration of the mutual covenants and obligations herein contained and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: TERM: The term of this Agreement shall be from the date of this agreement for a period not to exceed forty-five (45) days, or when the project is completed and accepted by the City of Mi arni , whichever is later. SCOPE OF SERVICES: A. Consultant shall perform and be responsible for the following professional and technical services: 1. Plumbing design which includes the revision of the building program and the coordination of the plumbing requirements of the building with the Fire Department. 2. Coordination of the plumbing design with the Architect and the electrical and HVAC drawing. 3. Any and all technical reports ds required by the South Florida Building Code. B. Any additional services, as required in writing and approved by the City. At the City's option, for additional services the Consultant may be paid an agreed upon fixed fee for those services rendered. COMPENSATION: A. City shall pay the Consultant, as maximum compensation for the services required pursuant to Paragraph II hereof, four thousand five hundred dollars ($4,500.00), at the rate of $40.00 per hour. B. Additional services approved by the CITY shall be paid as provided under Paragraph II-B. IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local government. V. GENERAL CONDITIONS: A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally, served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI CONSULTANT (name & address) City Manager Cifuentes and Sanchez Consulting 3500 Pan American Drive 7321 S.W. 133 Avenue Miami, Florida 33133 Miami, Florida 33155 B. Title and paragraph headings are for convenient reference and are not part of this Agreernent. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreernent shall rule. D. No waiver or breach of any provision of this Agreernent shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed rnodifi,ed to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreernent shall remain unmodified and in full force and effect. VI. OWNERSHIP OF DOCUMENTS: All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to Paragraph II hereof and shall become the property of CITY. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain in the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. VII. NON-DELEGABILITY: That the obligations undertaken by CONSULTANT pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. VIII. AUDIT RIGHTS: CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. IX. AWARD OF AGREEMENT: CONSULTANT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. X. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. XI. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XII. INDEMNIFICATION: CONSULTANT shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONSULTANT'S activities under this Agreement, including any person acting for or on its behalf, and, from and against any order, judgments or decrees which may be entered and from and against all costs, attorneys' fees, expenses incurred in the defense of any such claims, or in the investigation thereof. If the CITY chooses to defend any action on behalf of itself, it shall bear its own costs of defense, and if the provisions of this indemnity provision. are applicable, CONSULTANT shall indemnify the CITY accordingly. In any event, CITY shall promptly notify CONSULTANT as soon as it has notice of any matters for which this indemnity provision may he applicable. XIII. (RESERVED) XIV. CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect., with CITY. CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of CONSULTANT or its employees, must be disclosed in writing to CITY. B. CONSULTANT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. XV. INDEPENDENT ENGINEERS: CONSULTANT and its employees and agents shall be deemed to be independent engineers, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further they shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of CITY. XVI. TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to Paragraph II hereto without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will the CITY pay CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payment made in accordance with this Paragraph to CONSULTANT shall be made only if said CONSULTANT is not in default under the terms of this Agreement. If CONSULTANT is in default, then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XVII. NONDISCRIMINATION: CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, national origin or handicap in connection with its performance under this Agreement. Furthermore that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. IN WITNESS WHEREOF, the parties' hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this day and year first above written. ATTEST: %c� "� MATTY `LHI I CITY CLERK WITNESSES: CITY OF MIAMI, a municipal Corporation of the State of Florida By CESAR H. ODIO, CITY MANAGER CONSULTANT: CIFUENTES AND SANCIIEZ CONSULTING APPROVED AS TO FORM AND CORRECTNESS: /// APPROVED AS TO SURAN REQUIRE TS: L BY ! Sujan S. Chhabra, Director Risk Management