HomeMy Public PortalAbout13-8514 Agreement with F.R. Aleman and Associates Sponsored by: City Manager
Resolution No. 13-8514
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH F. R.
ALEMAN AND ASSOCIATES, INC., FOR THE PREPARATION
OF WATER AND SEWER SYSTEM ATLASES, IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED FORTY ONE
THOUSAND TWO HUNDRED TEN DOLLARS ($141,210.00),
PAYABLE FROM ACCOUNT NUMBER 64-533630;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa-Locka received proposals from
seven (7)bidders regarding the preparation of a Water and Sewer Atlas; and
WHEREAS, of the seven proposals, F.R. Aleman and Associates, Inc., was the highest
ranked and
WHEREAS, it is critical for the City to have accurate measurements and locations of all
underground utilities, and F.R. Aleman and Associates, Inc., are prepared to provide the Atlas, as
required by the consent agreement with Miami-Dade County ; and
WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City
Manager to negotiate and enter into an agreement with F.R. Aleman and Associates, Inc., for the
preparation of a Sewer and Water Atlas for the City of Opa-locka.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 13-8514
Section 2. The City Commission of the City of Opa-locka hereby directs and
authorizes the City Manager to negotiate and enter into an agreement with F. R. Aleman and
Associates, Inc., for the preparation of the Water and Sewer System Atlas, in an amount not to
exceed One Hundred Forty One Thousand Two Hundred Ten Dollars ($141,210.00), payable
from account number 64-533630.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 9th day of January, 2013.
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C YRA 'YLOR
MAYOR
Attest to:
a
Jo.1 a Flores
City Clerk
Approved as to form and legal su iciency:
9
..i1 f A tc d � 1 l�
Jose Fr t4 E tl
Cit;Atto y
Moved by: COMMISSIONER SANTIAGO
Seconded by: VICE MAYOR KELLEY
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting 01/09/2013 Item Type: Resolution Ordinance Other
Date: X .
(EnterXin in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) Yes No (EnterXin box)
x Public Hearing: Yes No Yes No
(Enter X in box) x x
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
Ex: (EnterXin box) X
Account#64-533630
Contract/P.O. Required: Yes No RFP/RFQ/Bid #:
(EnterXin box)
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the —
(Enter X in box) specific objective/strategy this item will address)
X Enhance Organizational 0
Bus.&Economic Dev me 1. Will help reduce man-hours
Public Safety wai water and sewer system
Quality of Education El repair and maintenance.
Qua of Life&City Image gm 2. Is required per Consent
Communication 0 Agreement with Miami-Dade
County.
Sponsor Name Department:
City Manager Public Works
Short Title: j
— — ---- —
Agreement with F.R.Aleman and Associates, Inc.for the Preparation of Water and Sewer Atlases -
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Staff Summary:
]
The purpose of this resolution is to enter into an Agreement with FR Aleman and Associates, Inc. for the
Preparation of Water and Sewer Systems Atlas in the City of Opa-Locka for the amount not to exceed ONE
HUNDRED FORTY ONE THOUSAND TWO HUNDRED TEN DOLLARS ($141,210.00).
- -- - -1
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Proposed Action:
Staff recommends approval in order to prepare Water and Sewer Atlas to comply with Consent Agreement with
Miami-Dade County.
.61.11P'' .1111.M■PW'
Attachment:
1. Agenda
2. Copy of Resolution# 12-8396, 12-8449
3.Agreement
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Memorandum
To: Mayor Myra L. Taylor
Vice Mayor Joseph L. Kelley
Commissioner Timothy Holmes
Commissioner Dorothy ohnsol ,
Commissioner Luis B. S. 'liar n//
FROM: Kelvin L. Baker, Sr., City Manag) Vi
DATE: December 13,2012 <,.
RE: Agreement with F.R. Aleman and Associates, Inc. for the Preparation of Water
and Sewer Atlases
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH F.R. ALEMAN AND ASSOCIATES, INC. iN THE AMOUNT
NOT TO EXCEED ONE HUNDRED FORTY ONE THOUSAND TWO HUNDRED
TEN DOLLARS ($141,210.00) FOR THE PREPARATION OF WATER AND
SEWER SYSTEM ATLASES.
Description: The City of Opa-locka requested and received proposals from seven bidders for the
preparation of Water and Sewer Systems Atlas. F.R. Aleman and Associates, Inc. is the highest ranked
bidder. F.R. Aleman and Associates, Inc. will prepare water and sewer system water Atlas as
required per consent agreement with Miami-Dade County.
The Water and Sewer Atlases in the City of Opa-locka are over thirty (30) years old. The old age of the
atlases causes inaccuracy. As a result, the Public Works and Utilities Department has to rely on human
memory and staff familiarity with the City's system in order to service some areas of the City utilities.
Also, the Utility Crew has to react to problems such as leaks and breakages, etc. rather than monitoring
and preventing them. Due to the City's ongoing aggressive Capital Projects Program, it has become
critical to have accurate locations of all underground utilities; including size and depth of sewer and water
mains; location of hydrants, valves, manholes, etc. to facilitate design and limit construction costs.
Ultimately, this information will become part of a Citywide Geographic Information System (GIS). This
will provide a visual tool for the location of a water meter, shut off valve, and sewer lateral in relation to a
service address. The Water and Sewer Atlas will increase operational efficiencies, safety of staff and
citizens and saving costs, as well as an overall savings over a long term outlook.
Financial Impact:, Both Water and Sewer Atlases are funded in Fiscal Year (FY) 2012 under the capital
projects section and therefore will have no adverse financial impact. Rather, the operational costs savings
with the capacity for new residences and businesses to connect to the wastewater collection system. There
will be cost savings in performing maintenance and repairs which will have a great economic impact for
the entire community.
Account Number: 64-533630- Water Division-Improvements Other Than Buildings
Implementation Time Line: As soon as possible.
Legislative History: 12-8396
Recommendation(s): Staff recommends negotiating the price with the top ranked bidder F.R. Aleman.
The new Atlases will save man-hours in performing maintenance and repairs and the Geographic
Information System (GIS)will have a positive economic impact on the entire community.
Analysis: F.R. Aleman and Associates, Inc. (The CONSULTANT) will field identify all Sanitary
Manholes, cleanouts, water valves, water meters, and fire Hydrants for the preparation of
the City-wide Water and Sewer Atlas. All above ground evidence of the water and sewer
structures will contain a GPS coordinate (level of accuracy for inventory purposes only).All
sanitary manholes will be opened and invert data will be collected as required. Any
manholes that contain an obstruction that prevents field crews from gathering the
necessary invert data CONSULTANT will notify the City and will be resolved with the
assistance from to the City of Opa-Locka Public Works Staff. Approximately 800 Sanitary
Sewer Manholes, Pipes, Force Mains will be investigated. Additionally the CONSULTANT
estimates that over three thousand structures, such as fire hydrants, water valves, water
meters, etc will be identified and will also be located on the Atlas. Water and Sewer Mains
will be surveyed and will also be shown on the Atlas. Water, Sewer Mains, and Force Mains,
Pump Stations and any other component of the water and sewer systems must be shown
on the Atlas. The pipes Size and Material must be labeled as per City of Opa-Locka provided
As-Built data and/or in accordance with field investigated/verified information. The city
provided data must be field verified to the best feasible extent. The CONSULTANT will use
Ground Penetrating Radar (GPR) method to designate some of the water lines, where not
above ground information is available. Additionally the CONSULTANT will perform non-
destructive Vacuum Excavation Test Holes (VVHS) to verify the Size and Material of the
Water Lines not shown on the City's As-built. The CONSULTANT will meet with City staff to
obtain information of water lines not in the as-built. Final deliverables will be submitted in
electronic format using AutoCAD Civil 3D including point files and shape files transferable
to GIS System.
ATTACHMENT(S):
1. Copy of Resolution# 12-8396, 12-8449
2. Agreement
PREPARED BY: Mohammad Nasir,PE,Asst.Public Works Director/City Engineer
END OF MEMORANDUM
F.Z. ALEMAN
&Associates, Inc.J + it9 I CONSULTING ENGINEERS&SURVEYORS
www.FR-Aleman.com
10305 NW 41 Street, Suite 200
Miami, Florida 33178
TEL. (305)591-8777
FAX: (305)599-8749
City of Opa-Locka, Florida. December 10, 2012
Attn: Mohammad Nasir, P.E.
Interim Director, Public Works & Utilities
12950 LeJeune Rd
Opa-Locka FL, Florida 33054
Ph. 305-559-4900 x 217
Fax: 305-553-3102
RE: PROPOSAL FOR PREPARATION OF A WATER AND SEWER SYSTEM ATLAS.
Dear Mr. Nasir;
Thank you for the opportunity to provide you with this proposal.
SCOPE OF WORK:
The CONSULTANT will field identify all Sanitary Manholes,cleanouts, water valves,water meters, and fire Hydrants for the
preparation of the Citywide Water and Sewer Atlas. All above ground evidence of the water and sewer structures will
contain a GPS coordinate (level of accuracy for inventory purposes only). All sanitary manholes will be opened and invert
data will be collected as required. Any manholes that contain an obstruction that prevents field crews from gathering the
necessary invert data CONSULTANT will notify the City and will be resolved with the assistance from to the City of Opa-
Locka Public Works Staff. Approximately 800 Sanitary Sewer Manholes, Pipes, Force Mains will be investigated.
Additionally the CONSULTANT estimates that over three thousand structures, such as fire hydrants, water valves, water
meters, etc will be identified and will also be located on the Atlas. Water and Sewer Mains will be surveyed and will also be
shown on the Atlas. Water, Sewer Mains, and Force Mains, Pump Stations and any other component of the water and
sewer systems must be shown on the Atlas. The pipes Size and Material must be labeled as per City of Opa-Locka
provided As-Built data and/or in accordance with field investigated/verified information. The city provided data must be field
verified to the best feasible extent. The CONSULTANT will use Ground Penetrating Radar (GPR) method to designate
some of the water lines, where not above ground information is available. Additionally the CONSULTANT will perform non-
destructive Vacuum Excavation Test Holes (VVHS) to verify the Size and Material of the Water Lines not shown on the
City's As-built. The CONSULTANT will meet with City staff to obtain information of water lines not in the as-built. Final
deliverables will be submitted in electronic format using AutoCAD Civil 3D including point files and shape files transferable
to GIS System.
All Survey work will be performed using GPS Equipment using Real Time Kinematics (R T K) methods, connected to Florida
Permanent Reference Network.
This estimate is limited to 50 Vacuum Excavation Test Holes (VVHS).Any additional VVHS required and will be performed
using FRA standard hourly rates after City notice and approval.
Miami - Orlando - Tampa - Jacksonville - Tallahassee
CATEGORY Da ys/Hours Rate
Survey Crew Party of Three 80 $1,183.00 $94,640.00
Vacuum Excavation Test Holes(WHS) 50 $295.00 $14,750.00
Draftperson/hour 160 $60.00 $9,600.00
Technician 104 $100.00 $10,400.00
Clerical 30 $50.00 $1,500.00
Principal Surveyor/hour T 80 $129.00 $10,320.00
TOTAL $141,210.00
Delivery:
The final delivery of the CAD and shape file will be within six (6) months after the notice to proceed is received. The final
delivery will contain three(3)signed and sealed hard copies of water and Sewer Atl2S Including a PDF file: hart rnnioc and
electronic submittal by email or flash drive / CD. The CONSULTANT will use The City's Standard borders and layering
convention for drawings.
Sincerely, o
/ /
Frank Paruas, PSM
Project Surveyor
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Sponsored by: City Manager
'�.esolution No. 12-8449
A RES'1 LUTION OF THE CITY COMMISSION OF THE CITY IF
=1`PA LOCKA,FLORIDA,TO AUT i ORIZE THE CITY MANAGER
T1 NEGOTIATE AN EXECUTE THE C NTRACT WIT r i F. R.
ALEMAN FOR COST SOLICITATION FO t THE PREPARATION
OF WATER AND SEWER SYSTEM ATLASES PROVIDING FOR
INCORP 1tRATION F [•ECITALS; PROVIrPING FO€" AN
EFFECTIVE DATE
WHEREAS,pursuant to Resolution 12-8396,the City of Opa-locka(City)issued Request for
Proposal # 12-2106100(RFP) for the preparation of Water and Sewer System Atlases; and
W k I EREAS,seven bidders responded to the RFP,and the Evaluation Committee ranked the
top three most responsive bidders, 1) F. R. Aleman, 2) Robayna & Associates, 3) Corzo Castella,
respectively; and
W EREAS,both Water and Sewer Atlases(Atlases)are funded in Fiscal Year 2012 under
the Capital Projects and will have no adverse financial impact to the current budget; and
WHEREAS,the Atlases will provide accurate locations of the Water and Sewer Systems and
are critical for the Public Works and Utilities Department for maintenance and prevention of
problems such as leaks and breakages within the Water and Sewer systems; and
WHEREAS, staff recommends the awarding the contract to the most responsive and
responsible bidders, F. R. Aleman; and
WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City
Manager to negotiate and execute the contract with F. R. Aleman for the preparation of Water and
Sewer System Atlases for the City of Opa-locka.
N W,THEREFORE,BE IT DULY RESOLVED =:;Y T €E CITY COMMISSION OF
Resolution No. 12-8449
THE CITY •F OPA-11,sCKA9 FLORI IsA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes and
directs the City Manager to negotiate and execute the contract with F. R. Aleman for cost in
preparation of Water and Sewer Atlases.
Section 3, This resolution shall take effect immediately upon adoption.
PASSEL AND ADOPTED this 12`h day of September, 2012.
MY' AYLOR
MAYOR
Attest to:
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J. nna Flores
In -rim City CIerk
Approved as to form and legal sufficiency:
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J f eph `. Geller —
ty At orney
Moved by: VICE MAYOR JOHNSO
Seconded by: COMMISSIONER MILLER
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
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CONTI ACT AGREEMENT
ETWEEN
CITY •F OPA= LOCKA
AND
F.R. ALEMAN AND ASSOCIATES, INC.
FOR
PREPARATION OF WATER AND SEWER ATLASES
AGREEMENT
THIS IS AN AGREEMENT, dated the 10 day of an uar , 2013,between:
CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter
"CITY,"
and
T.•n A Y EM AN A ASS A T^
F.R.j- j 1v!t11V ANVU UL1tl1 ES, 11VL.
A licensed Company, authorized to do business in the State of
Florida, hereinafter"CONSULTANT."
WITNESSETH:
In consideration of the mutual terms and condition, promises, covenants, and payments
hereinafter set forth, CITY and CONSULTANT agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference for this Agreement and to
generally express the objectives, and intentions, of the respective parties herein, the following
statements, representations and explanations shall be accepted as predicates for the
undertakings and commitments included within the provisions which follow and may be relied
upon by the parties as essential elements of the mutual considerations upon which this
Agreement is based.
1.1 CITY requested proposals for The Preparation of Water and Sewer Atlases indicating the
CITY's desire to hire a Consultant to perform this work.
1.2 On xxxxu, 2013,the CITY awarded the CONTRACT and authorized the proper CITY
officials to enter into an agreement with CONSULTANT to render the services more
particularly described herein below.
ARTICLE 2
SCOPE OF WORK
The CONSULTANT will field identify all Sanitary Manholes, cleanouts, water valves, water
meters, and fire Hydrants for the preparation of the Citywide Water and Sewer Atlas. All above
ground evidence of the water and sewer structures will contain a GPS coordinate (level of
accuracy for inventory purposes only).All sanitary manholes will be opened and invert data will
be collected as required. Any manholes that contain an obstruction that prevents field crews
from gathering the necessary in ert d to CONSUL TANT will notify the City and will be 1,
-" ' b""""'" 'tb '" 'J '•-•--�� �� .:J'v i.aaur a will notify j% a.i aa.,, City aiiii will be resolved
with the assistance from to the City of Opa-Locka Public Works Staff.Approximately 800 Sanitary
Sewer Manholes, Pipes, Force Mains will be investigated. Additionally the CONSULTANT
estimates that over three thousand structures, such as fire hydrants,water valves,water meters,
etc will be identified and will also be located on the Atlas. Water and Sewer Mains will be
surveyed and will also be shown on the Atlas. Water, Sewer Mains, and Force Mains, Pump
Stations and any other component of the water and sewer systems must be shown on the Atlas.
The pipes Size and Material must be labeled as per City of Opa-Locka provided As-Built data
and/or in accordance with field investigated/verified information. The city provided data must
be field verified to the best feasible extent. The CONSULTANT will use Ground Penetrating Radar
(GPR) method to designate some of the water lines, where not above ground information is
available. Additionally the CONSULTANT will perform non-destructive Vacuum Excavation Test
Holes (VVHS) to verify the Size and Material of the Water Lines not shown on the City's As-built.
The CONSULTANT will meet with City staff to obtain information of water lines not in the as-
built. Final deliverables will be submitted in electronic format using Auto CAD Civil 3D including
point files and shape files transferable to GIS System.
All Survey work will be performed using GPS Equipment using Real Time Kinematics (RTK)
methods, connected to Florida Permanent Reference Network.
The final delivery of the CAD and shape file will be within six (6) months after the notice to
proceed is received. The final delivery will contain three (3) signed and sealed hard copies of
Water and Sewer Atlas along a PDF file. Along with the delivery of the hard copies the
CONSULTANT must submit electronically either by email or by flash drive/CD. The
CONSULTANT will use The City's Standard borders and layering convention for drawings.
ARTICLE 3
TIME FOR COMPLETION
3.1 The CONSULTANT shall commence work to be performed under this Agreement within
two weeks from the Notice to Proceed (NTP) and must complete within six (6) months.
3.2 Anything to the contrary notwithstanding,minor adjustment to the timetable for
completion approved by CITY in advance, in writing, will not constitute a delay by
CONSULTANT. Furthermore, a delay due to an Act of God, fire, lockout, strike or labor
dispute, riot or civil commotion, act of public enemy or other cause beyond the control of
CONSULTANT shall extend this Agreement for a period equal to such delay and during
this period such delay shall not constitute a delay by CONSULTANT.
3.3 Consultant's failure to perform the work specified in this Agreement may result in
cancellation of the agreement with cause.
ARTICLE 4
CONTRACT SUM
4.1 The CITY hereby agrees to pay CONSULTANT for the faithful performance of this
Agreement, $141.210.00 for work to be completed in accordance with the "Proposal"
submitted by CONSULTANT. Work completed by the CONSULTANT shall be as reflected
in the proposal submitted, a copy of which is attached hereto and made a part hereof as
Exhibit "B", with no change in the price shown. A total contact price hereto is referred to
as Contract Sum and shall be ONE HUNDRED FORTY ONE THOUSAND TWO HUNDRED
TEN DOLLARS ($141,210.00).
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted by the Consultant to the Owner, and
upon Project Applications and Certificates for Payment issued by the Owner, the
Owner shall make progress payments on account of the Contract Sum to the
Consultant as provided below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month
ending on the last day of the month, or as follows:
5.2.1. Owner shall pay pursuant to the Florida Local Government Prompt Payment
Act Chapter 218 Florida Statutes.
5.2.2. Each Application for Payment shall be based upon the Schedule of Values
submitted by the Consultant in accordance with the Contract Documents. The
Schedule of Values shall allocate the entire Contract Sum among the various
portions of the Work and be prepared in such form and supported by such
data to substantiate its accuracy as the Owner may require. This schedule,
unless objected to by the Owner, shall be used as a basis for reviewing the
Consultant's Applications for Payment.
5.2.3. Applications for Payment shall indicate the percentage of completion of each
portion of the Work as of the end of the period covered by the Application for
Payment.
5.2.4. Subject to the provisions of the Contract Documents, the amount of each
progress payment shall be computed as follows:
5.2.4.1 Take that portion of the Contract Sum properly allocable to completed
Work as determined by multiplying the percentage completion of each
portion of the Work by the share of the total Contract Sum allocated to
that portion of the Work in the Schedule of Values, less retainage of Ten
percent (10%). Pending final determination of cost to the Owner of
changes in the Work, amounts not in dispute may be included in
applications for Payment. The amount of credit to be allowed by the
Consultant to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as confirmed by the
Construction Manager. When both additions and credits covering related
Work or substitutions are involved in a change the allowance for
overhead and profit shall be figured on the basis of net increase, if any,
with respect to that change.
5.2.4.2 Add that portion of the Contract Sum properly allocable to materials and
equipment delivered and suitably stored at the site for subsequent
incorporation in the completed construction (or, if approved in advance
by the Owner, suitably stored off the site at a location agreed upon in
writing), less retainage of ten percent (10%):
5.2.4.3 Subtract the aggregate of previous payments made by the Owner; and
subtract amounts, if any, for which the Construction Manager has
withheld or nullified a Certificate for Payment.
5.3 The progress payment amount determined in accordance with the above shall be
further modified under the following circumstances:
5.3.1 Add, upon Substantial Completion of the Work, a sum sufficient to
increase the total payments to Ninety percent (90%) of the Contract Sum,
less such amounts as the Construction Manager recommends and the
Owner determines for incomplete Work and unsettled claims; and
5.4 Reduction or limitation of retainage, if any, shall be as follows: Reduction or
limitation of retainage will require the authorization of City Engineer/Project
Manager/Designee.
ARTICLE 6
FINAL PAYMENT
6.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be
made by the Owner to the Consultant when (1) the Contract has been fully
performed by the Consultant except for the Consultant's responsibility to correct
nonconforming Work and to satisfy other requirements, if any, which necessarily
survive final payment: and (2) a final Project Certificate for Payment has been issued
by the Owner and 3) the Consultant has met all provisions of the reporting
requirements of grants if the project is funded by grant money; such final payment
shall he made by the Owner not more than 20 days after the issuance of the final
Project Certificate for Payment.
ARTICLE 7
CONSULTANT'S LIABILITY INSURANCE
7.1 The CONSULTANT must have Professional Liability Insurance and Workers'
Compensation Insurance.
Minimum coverage required:
(a) Professional Liability Insurance-$1,000,000.00
(b) Workers' Compensation Insurance- as required by law;
7.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with
the City prior to the commencement of the work. These Certificates shall contain a
provision that coverage afforded under these policies will not be canceled until at least
thirty days (30) prior written notice has been given to the CITY. Policies shall be issued
by companies authorized to do business under the laws of the State of Florida.
7.3 Insurance shall be in force until all work required to be performed under the terms of the
Contract is satisfactorily completed as evidenced by the formal acceptance by the CITY. In
the event the insurance certificate provided indicates that the insurance shall terminate
and lapse during the period of this contract, then in that event, the CONSULTANT shall
furnish, at least three (3) days prior to the expiration of the date of such insurance, a
renewed certificate of insurance as proof that equal and like coverage for the balance of
the period of the contract and extension there under is in effect. The CONSULTANT shall
not continue to work pursuant to this contract unless all required insurance remains in
full force and effect.
7.4 The CONSULTANT shall hold the CITY, its agents, and employees, harmless on account of
claims for damages to persons, property or premises arising out of the operations to
complete this Agreement and name the CITY as an additional insured under their policy.
7.5 The CITY reserves the right to require any other insurance coverage it deems necessary
depending upon the exposures.
ARTICLE 8
_ . CONSULTANTS INDEMNIFICATION
8.1 The CONSULTANT agrees to release the CITY from and against any and all liability and
responsibility in connection with the above mentioned matters and with the work being
performed by Consultant. The CONSULTANT further agrees not to sue or seek any money
or damages from CITY in connection with the above mentioned matters.
8.2 The CONSULTANT agrees to indemnify and hold harmless the CITY, its trustees, elected
and appointed officers, agents, servants and employees, from and against any and all
claims, demands, or causes of action of whatsoever kind or nature, and the resulting
losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders,judgments,
or decrees, sustained by the CITY or any third party arising out of, or by reason of, or
resulting from the CONSULTANT's negligent acts,errors,or omissions.
8.3 If a court of competent jurisdiction holds the City liable for certain tortious acts of its
agents, officers, or employees, such liability shall be limited to the extent and limit
provided in 768.28, Florida Statutes. This provision shall not be construed as a waiver
of any right or defense that the City may possess. The City specifically reserves all
rights as against any and all claims that may be brought.
ARTICLE 9
INDEPENDENT CONSULTANT
9.1 This Agreement does not create an employee/employer relationship between the parties.
It is the intent of the parties that the CONSULTANT is an independent Consultant under
this Agreement and not the CITY's employee for any purposes, including but not limited
to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers
Compensation Act, and the State unemployment insurance law and similar laws. The
CONSULTANT shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out the CONSULTANT's activities and responsibilities hereunder
provided. This Agreement shall not be construed as creating any joint employment
relationship between the CONSULTANT and the CITY and the CITY will not be liable for
any obligation incurred by CONSULTANT, including but not limited to unpaid minimum
wages and/or overtime premiums.
ARTICLE 10
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
10.1 CITY or CONSULTANT may request changes that would increase decrease or otherwise
modify the Scope of Services/Basic Services to be provided under this Agreement. Such
changes or additional services must be in accordance with the provisions of the Code of
Ordinances of the CITY and must be contained in a written amendment, executed by the
parties hereto, with the same formality and with equality and dignity prinr to
deviation from the terms of this Agreement, including the initiation of any additional or
extra work. Each amendment shall at a minimum include the following information on
each project:
PROJECT NAME
PROJECT DESCRIPTION
ESTIMATED PROJECT COST
ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT
ESTIMATED PROJECT COMPLETION DATE
10.2 In no event will the CONSULTANT be compensated for any work which has not been
described in a separate written agreement executed by the parties hereto.
ARTICLE 11
TERM AND TERMINATION
11.1 This Agreement may be terminated by either party for cause,or the CITY for convenience,
upon written notice by the CITY to CONSULTANT in which event the CONSULTANT shall
be paid its compensation for services performed to termination date. In the event that
the CONSULTANT abandons this Agreement or causes it to be terminated, he shall
indemnify the CITY against any loss pertaining to this termination up to a maximum of
the full contracted fee amount. All finished or unfinished documents, data, studies, plans,
surveys, and reports prepared by CONSULTANT shall become the property of CITY and
shall be delivered by CONSULTANT to CITY.
11.2 This Agreement shall take effect as of the date of execution as shown herein below and
continue for such time as is contemplated by the Agreement.
ARTICLE 12
CONTRACT DOCUMENTS
12.1 CONSULTANT and CITY hereby agree that the following Specification and Contract
Documents, which are attached hereto and made a part thereof, are fully incorporated
herein and made a part of this Agreement, as if written herein word for word: This
Agreement; CONSULTANT's proposal as set forth in Exhibit "A"; RFP; and any other
exhibits thereto,or to this Agreement..
ARTICLE 1=1
MISCELLANEOUS
13.1 Legal Representation:
It is acknowledged that each party to this Agreement had the opportunity to be represented by
counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be
interpreted strictly against the party preparing same shall not apply due to the joint contribution
of both parties.
13.2 Records:
CONSULTANT shall keep books and records and require any and all sub-Consultants to keep
books and records as may be necessary in order to record complete and correct entries as to
personnel hours charged to this engagement, and any expenses for which CONSULTANT expects
to be reimbursed, if applicable. Such books and records will be available at all reasonable times
for examination and audit by CITY and shall be kept for a period of three (3) years after the
completion of all work to be performed pursuant to this Agreement, or for such longer period as
is required by law. Incomplete or incorrect entries in such books and records will be grounds for
disallowance by CITY of any fees or expenses based upon such entries.
13.3 Ownership of Documents:
Reports, surveys, plans, studies and other data provided in connection with this
Agreement are and shall remain the property of City.
13.4 No Contingent Fees:
CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of this provision, the CITY shall have the right to terminate the Agreement
without liability at its discretion, to deduct from the contract price, or otherwise recover
the full amount of such fee, commission,percentage,gift or consideration.
13.5 Notice:
Whenever any party desires to give notice unto any other party, it must be given by
written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended and the remaining party, at the places last
specified, and the places for giving of notice shall remain such until they shall have been
changed by written notice in compliance with the provisions of this section. For the
present, the CONSULTANT and the CITY designate the following as the respective places
for giving of notice:
CITY: Kelvin L. Baker, City Manager
780 Fisherman Street,4th Floor
Opa-locka, Florida 33054
COPY TO: Joseph S. Geller,City Attorney
780 Fisherman Street,4th Floor
Opa-locka, Florida 33054
CONSULTANT: Frank Paruas, PSM, Project Surveyor
F.R.Aleman and Associates,Inc.
10305 NW 41 Street,Suite 200
Miami,Florida 33178
TEL: (305) 591-8777
FAX: (305) 599-8749
13.6 Binding Authority:
Each person signing this Agreement on behalf of either party individually warrants that
he or she has full legal power to execute this Agreement on behalf of the party for whom
he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
13.7 Exhibits:
Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The
exhibits if not physically attached should be treated as part of this Agreement and are
incorporated herein by reference.
13.8 Headings:
Headings herein are for convenience of reference only and shall not be considered on any
interpretation of this Agreement.
13.9 Severability:
If any provision of this Agreement or application thereof to any person or situation shall,
to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it
shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect,and be enforced to the fullest extent permitted by law.
13.10 Governing Law:
This Agreement shall be governed by the laws of the State of Florida with venue lying in
Miami-Dade County, Florida.
13.11 Disputes:
Any claim, objection, or dispute arising out of the terms of this Agreement shall be
litigated in the Eleventh Judicial Circuit Court in and for Miami-Dade County.
13.12 Attorney's Fees:
To the extent authorized by law, in the event that either party brings suit for enforcement
of this Agreement,the prevailing party shall be entitled to attorney's fees and court costs
in addition to any other remedy afforded by law.
13.13 Extent of Agreement:
This Agreement, together with all contract documents, and all exhibits hereto or to the
contract documents, represents the entire and integrated agreement between the CITY
and the CONSULTANT and supersedes all prior negotiations, representations or
agreements,either written or oral.
13.14 Waiver:
Failure of the CITY to insist upon strict performance of any provision or condition of this
Agreement, or to execute any right therein contained, shall not be construed as a waiver
or relinquishment for the future of any such provision, condition, or right, but the same
shall remain in full force and effect.
13.15 Equal Opportunity Employment:
CONSULTANT agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age,
national origin, or disability and will take affirmative steps to ensure that applicants are
employed and employees are treated, during employment, without regard to race, color,
religion, sex, age, national origin or disability. This provision shall include, but not be
limited to, the following: employment upgrading, demotion or transfer; recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training,including apprenticeships.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
ARTICLE 14
NOTICE TO PROCEED
The Consultant and the engineer shall commence work within one week from the date of the
Notice to Proceed (NTP). No work shall begin without NTP.
CITY OF OPA-LOCKA
ATTEST:
BY:
Joanna Flores, CMC Kelvin L. Baker
City Clerk City Manager
APPROVED AS TO FORM:
Joseph S. Geller, City Attorney
CONSULTANT
WITNESSES:
Authorized Representative
ATTEST:
SECRETARY
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE)
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared as , of , a
Florida corporation, and acknowledged executed the foregoing Agreement as the proper
official of , for the use and purposes mentioned in it and affixed the official seal of
the corporation, and that the instrument is the act and deed of that corporation.
IN WITNESS OF THE FOREGOING -
the State and County aforesaid on this day of 2012.
NOTARY
PUBLIC
My Commission Expires:
Exhibit "A"
CONSULTANTS PROPOSAL
Exhibit " B"
REQUEST FOR PROPOSAL (RFP)