97-22492 RESO
RESOLUTION NO. 97-22492
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT FOR PROFESSIONAL LAND
SURVEYING SERVICES FOR A TWO-YEAR PERIOD, ON A
ROTATIONAL BASIS, WITH POST, BUCKLEY, SCHUH &
JERNIGAN, INC.; SAID AGREEMENT COMMENCING ON
AUGUST 1, 1997, AND ENDING ON JULY 31,1999.
WHEREAS, on May 23, 1997, the City issued a Request for Letters of Interest (RFLI N< .
56-96/98) seeking professional land surveying services; and
WHEREAS, a selection committee, comprised of City representatives and communit y
residents, reviewed the proposals submitted; and
WHEREAS, the selection committee recommended Post, Buckley, Schuh & Jernigan, Inl.
(Consultant) to be one of the four (4) firms to provide land surveying services; and
WHEREAS, the Administration has negotiated the attached Agreement with the Consutrn It
for professional land surveying services on a rotational basis for a two-year period, commencing 01
August 1, 1997, and ending on July 31, 1999; and
WHEREAS, fees to be paid under the Agreement with the Consultant shall be either or. tl e
basis of a lump sum or an hourly rate in accordance with Schedule B, attached to the Agreerren :,
with an upset limit for the work.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIT{
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the::::it y
Clerk are authorized to execute the attached Professional Services Agreement with Post, Buckle: "
Schuh & Jernigan, Inc. for Land Surveying Services on a rotational basis for a two-year period; sai d
Agreement commencing on August 1, 1997, and ending on July 31, 1999.
PASSED and ADOPTED this 16thdayof
July
,1997.
12k
Attest:
~V4~ ~~~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXecUTION
City Clerk
1~ N--.
c y
~~-
0Gt1~
~ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ttp:\\CIl. miami-beach. fl. us
COMMISSION MEMORANDUM NO. SO 2. -ct. I
FROM:
Mayor Seymour Gelber and DATE: July 16, l~i197
Members of the City Commission
Jose GarCia-pedrosa.L .)
City Manager J I(
1) A REQQEST TO ACCEPT THE RANKING OF PROPOSALS RECEIv:m
PURsulNT TO RFQ NO. 56-96/98 FOR PROFESSIONAL LAND SURVEYING
SERVICES ON A ROT A TIONAL BASIS;
TO:
SUBJECT:
.~
2) RESOLUTIONS AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AGREEMENTS FOR PROFESSIONAL LAND SURVEYING SERVICES FON A
TWO-YEAR PERIOD ON A ROTATIONAL BASIS WITH WEIDENER
SURVEYING & MAPPING PA, CONSUL-TECH ENGINEERING, INC, CARNEY-
NEUHAUS, INC, AND POST, BUCKLEY, SCHUH & JERNIGAN, INC
ADMINISTRATION RECOMMENDATION:
1) Accept the City Manager's recommendation for ranking of proposals;
2) Authorize execution of the agreements.
FUNDING
Funding is available from water and sewer bonds and other sources.
BACKGROUND
On May 29, 1997, the City issued RFQ No. 56-96/98, seeking firms to perform land surveyi:1g
services for a two-year period on a rotational basis.
Responses were received from the following firms:
Biscayne Engineering Co., Inc.
Carney-Neuhaus, Inc.
Consul-Tech Engineering, Inc.
E.R. Brownell
Leiter Perez & Associates, Inc.
Post, Buckley, Schuh & Jernigan, Inc.
ViaL ink, Inc.
Weidener Surveying & mapping
AGENDA ITEM~_
DATE i-I""-'i7
RFQ No. 56-96/98
Page Two
July 16, 1997
BACKGROUND: (Continued)
On June 30, 1997, the Evaluation Committee consisting of the following members, met to evaluatt
the proposals:
Arshad Viqar, Civil Engineer, Public Works Department, Chairperson
Laine Unger, Youth Center Advisory Board
John Oldenburg, Assistant Director of Parks
Juan Diaz, Planning Department
Donald Shockey, North Beach Development Corporation (not able to attend)
ANALYSIS
Evaluation criteria considered during this process included the experience of the firm, proj ecl
manager's experience, previous work on similar projects, composition of the project team, and:ht
firm's technical proposal.
The committee voted unanimously to recommend to the City Manager the following four firm~::
Carney-Neuhaus, Inc.
Consul- Tech Engineering, Inc.
Post, Buckley, Schuh & Jernigan, Inc.
Weidener Surveying & Mapping P A
The committee also recommended that the Administration negotiate contracts with the recommended
firms, and that authorization for execution of the contracts be made simultaneously with the appro i'a]
of the recommendation. This will enable the City to begin using the services of the firm(s) during
the summer recess. This process will assist in expediting the implementation of projects, since lend
surveying is the initial step in project development.
Negotiations were conducted with the four above-named firms, and there is consensus by the firns
on the agreement, as presented, including the pricing structure. The agreements are for a two-y,~ar
period, and work will be assigned to the firms on a rotational basis.
CONCLUSION
Acceptance of the City Manager's recommendation for ranking of proposals and authorization to
execute the agreements with the recommended firms wil~ enable the City to employ these firms to
perform pecessary land surveying services.
~~":A~
JGP:HM:J1r:JF:KM
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
FOR PROFESSIONAL LAND SURVEYING SERVICES
FOR A TWO (2) YEAR PERIOD
THIS AGREEMENT made this 16th day of July, 1997 by and between the CITY OF
MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, le,~a]
representatives, and assigns, and POST, BUCKLEY, SCHUH & JERNIGAN, INC. (Consultart).
Agreement:
City Manager;
Consultant:
Final Acceptance:
Fee:
Project
Coordinator:
Proposal
Documents:
Risk Manager:
SECTION 1
DEFINITIONS
This written Agreement between the City and the Consultant.
"City Manager" means the Chief Administrative officer of the City.
For the purposes of this Agreement, Consultant shall be deemed to te :.n
independent contractor, and not an agent or employee of the City.
"Final Acceptance" means notice from the City to the Consultant tha: tl e
Consultant's Services are complete.
Amount paid to the Consultant to allow for its costs and margin of proJit.
An individual designated by the City Commission to coordinate, direct an :l
review on behalf of the City all technical matters involved in the Scope ( f
Work and Services.
Proposal Documents shall mean the a) Request for Qualifications No. ,6 _
96/98 for Two Year Contract for Professional Land Surveying 01 l
Rotational Basis Services, issued by the City, in contemplation of thi;
Agreement, together with all amendments, and b) the Consultant's proposa I
and response (Proposal) which is incorporated by reference in this Agreerr.en:
and made a part hereof.
The Risk Manager of the City, with offices 'at 1700 Convention Center Dn ve
Third Floor, Miami Beach, Florida 33139.
Services:
Termination:
Task:
All services; work and actions by the Consultant performed pursuant 10 I )r
undertaken under this Agreement described in Section 2.
Termination of Consultant Services as provided in Section 4.11 of th s
Agreement.
A discrete portion of the Scope of Services to be accomplished by tr e
Consultant, as described in Section 2, if directed and authorized.
-3-
SECTION 2
SCOPE OF WORK AND SERVICES REQUIRED
2.1 BASIC SERVICES
The Consultant shall provide Basic Services and Additional Services for various project i,
as determined by the City (Project). The Consultant is aware that this is a nonexclusive Agreerr en:,
and that the City also has other consultants under contract to provide land surveying services. H.e
City Manager shall have the discretion to determine which of the consultants under contract sha I
be awarded a particular Project under consideration. The work for each Project will be perfonne i
by the Consultant upon receipt of a written "Service Order" issued by the City Manager. Th ~
Service Order shall contain a description of the work required (Scope of Work), contain eithe" a 1
agreed lump sum fee or an hourly fee, as provided in Schedule A hereto, with an upset limit for th:
work, reimbursable expenses, and a description of the type of services. Consultant shall counter~igll
the Service Order.
2.2 ADDITIONAL SERVICES
Services not specifically provided for in a Service Order, must be authorized in writing b~
the City in advance of its performance, and may be paid for as a multiple of direct personne
expense, as outlined in Schedule B, attached hereto.
2.3 PROJECT(S) SCOPE
The City shall establish the Scope of Work for each Project and all modifications thereto in writhg.
and provide same to the Consultant prior to the start of the work. The general Scope of Work to be
performed under the Agreement is contained in Exhibit A, attached hereto.
-4-
SECTION 3
COMPENSATION
3.1 FEE
The City shall compensate the Consultant for the scope of services provided, in accord2 nc.~
with Section 2, and with the other terms and conditions of this Agreement.
The Consultant shall be compensated for Basic Services, Additional Services m I
Reimbursable Expenses on the basis set forth below:
Basic Services of the Consultant shall be compensated for on the basis of either an agr~e( :
lump sum fee or an hourly rate in accordance with Schedule B - Consultant Hourly CompensatiOl .
Rates, attached hereto, with an upset limit for the work.
Any Services not included in the provisions of this Agreement and its conditions may bt
carried out by the Consultant only following written authorization by the City.
The hourly rate for compensation to the Consultant by the City for Additional Services a~
defined in Section 2 and Section 3 hereto shall be as set forth in Schedule B, as may be amended by
the parties in writing. The term "Additional Service" includes any work required and approved by
the City including work involving all or any sub-consultants, whether previously retained for 1he
work or not, or whether participating as members with Consultant or not, subject to the City's right
to previously approve any change in the consultants as set forth in this Agreement.
For Reimbursable Expenses, as described in Section 3.3, the Consultant shall be paid, up to
the reimbursable expense limit set forth in the Service Order, the exact amount(s) expended by the
Consultant and its consultants in the interest of the Project, subject to the Consultant furnishi1g
adequate documentation of the expense and, if required, demonstrating to the satisfaction of the Ci ty
-5-
that the expense was in the interest of the Project.
3.2 DIRECT PERSONNEL EXPENSE
F or Additional Services rendered under this Agreement. the Consultant anc its
sub-consultants, if any, shall be reimbursed on the basis of the hourly rates set forth in Schedu e n.
3.3 REIMBURSABLE EXPENSES
Reimbursable expenses are in addition to the compensation for Basic and Additional Servio:s
and include actual expenditures made by the Consultant and the Consultant's employees ar d
consultants in the interest of the Project, for the expenses listed in these subparagraphs.
All Reimbursable Expenses pursuant to this Section, must be authorized in advance by tl e
City Manager or the City's Project Coordinator. Invoices or vouchers for R~imbursable Expels( s
shall be submitted by the Consultant to the City, along with supporting receipts, and other back-l p
material reasonably requested by the City, and Consultant shall certify as to each such invoice thlt
the amounts and items claimed as reimbursable are "true and correct and in accordance witt tf e
Agreement." Expenses subject to reimbursement in accordance with the above procedures me <: s
follows:
a) If authorized in advance by the City Manager or the City's Project Coordinator, expen~ e
of overtime work requiring higher than regular rates not caused by Consultant, or, not included <: s
part of Consultant's Basic Services, special consulting services, if any, or other services.
b) Expense of any additional insurance coverage or limits requested by the City in ex':e~ s
of the insurance requirement set forth in Section 4.9.
c) Expense of transportation in connection with the Project; living expenses in connectio 1
with out-of-toWfl travel; long distance communications; and fees paid for securing approval:: (f
authorities having jurisdiction over the Project. Consultant shall comply with the City's standard)
-6-
for reimbursable travel expenses. Travel within Dade County shall not be reimbursab e.
d) Expense of reproduction, postage and handling of drawings, specifications and I)tt er
documents, except for those expenses to be borne by the Consultant under the Basic Servict s,
excluding reproductions for the office use of the Consultant and the Consultant's consult:ml s.
e) Aerial photography expenses and other photographic production expenses.
f) Expense of data processing when such data processing equipment is available e: th :r
directly by the Consultant or through an outside service, shall not be reimbursable but should t e
included as a Basic Service.
3.4 METHOD OF PAYMENT
Payments for Services shall be made monthly based upon work completed and approved b r
the Project Coordinator, upon presentation and receipt of Consultant's invoice or statement. Whe I
compensation is made on the basis of a lump sum, then payments shall be made in proportion to th:
services performed.
Payments shall be made within thirty (30) days of submission of an invoice to the City
-7-
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that degr'~e )f
skill, care, efficiency and diligence normally exercised by recognized professionals with respect :0
the performance of comparable Services. In its performance of the Services, the Consultant;h, II
comply with all applicable laws and ordinances, including but not limited to applicable regulations
of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines.
4.2 PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section.287.133(3)(a) Flcrica
Statute on Public Entity Crimes as available with the Office of Procurement, shall be filed t y
Consultant.
4.3 PROJECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as Prcje( t
Manager for the Services who shall befully responsible for the day-to-day activities under thi. 5
Agreement and who shall serve as the primary contact for the City's Project Coordinator.
4.4 TERM
This Agreement shall be for a two (2) year period, commencing upon the date of execu:io 1
by all parties hereto.
4.5 TIME OF COMPLETION
The Services to be rendered by the Consultant shall be commenced upon receipt of a wri :tel I
Service Order duly executed by both parties, subsequent to the execution of this Agreement,m( I
Consultant shall adhere to the completion schedule as referenced in the Service Order.
-8-
A reasonable extension of time shall be granted in the event the work of the Consulta1t . s
delayed or prevented by the City or by any circumstances beyond the reasonable control of tr e
Consultant, including weather conditions or acts of God which render performance of tt e
Consultant's duties impracticable.
4.6 CONSUL T ANT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Additional Services ar d
services performed on the basis of a multiple of direct personnel expense shall be kept on the bas s
of generally accepted accounting principles and shall be available to the City and the City s
authorized representatives at mutually convenient times and location.
4.7 OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related exclusi ve y
to the Services described herein, and are intended or represented for oWflership by the City. AI Y
reuse shall be approved by the City.
4.8 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless, the City of Miami Beach and its offi::el"
employees and agents, from and against any and all actions, claims, liabilities, losses, and expense"
including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful d,~at 1,
loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen :io n
the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employef S,
agents, or any other person or entity acting under Consultant's control, in connection with t] Ie
Consultant's performance of the Services pursuant to this Agreement; and to that extent tile
Consultant shall pay all such claims and losses and shall pay all such costs and judgements,"" hil h
may issue from any lawsuit arising from such claims and losses, and shall pay all reasonable em ts
-9-
and attorneys fees expended by the City in the defense of such claims and losses, including appl~al 'I.
The parties agree that one percent (1 %) of the total compensation to the Consultant for performane
of this Agreement is the specific consideration from the City to the Consultant for the Consult an 's
Indemnity Agreement.
The Consultant's obligation under this Section shall not include the obligation to indenmi.~
the City of Miami Beach and its officers, employees and agents, from and against any acti01s )r
claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongt ul
conduct of tl1e City and its officers, employees and agents. The parties each agree to give the )tl er
party prompt notice of any claim coming to its knowledge that in any way directly or indiIec ly
affects the other party.
4.9 INSURANCE REOUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all insurar ce
required under this Section has been obtained and such insurance has been approved by the Cit {'S
Risk Manager. The Consultant shall maintain and carry in full force during the term of t lis
Agreement and throughout the duration of this project the following insurance:
1. Certificate of insurance of professional liability (errors and omissions) for a minimum of
$500,000 per occurrence.
2. Consultant General Liability in the amount of $1,000,000.00 per occurrence for hoc ily
injury and property damage (to include contractual products and completed operations]. "be
City of Miami Beach must be named as an additional insured on this policy. A ceiij ied
copy of the Consultant's Insurance Policy will be made available, upon written request by
the City.
3. Workers Compensation & Employers Liability as required pursuant to Florida statu1e.
-10-
4. The insurance must be furnished by insurance companies rated B + VI by A.M. Best:; a ld
authorized to do business in the State of Florida and approved by the City's Risk Man 191 T.
5. The Consultant is responsible for obtaining and submitting all insurance certificates for thlir
consultants.
All insuran<;:e policies must be issued by companies authorized to do business under the la\ is
of the State of Florida. The companies must be rated no less than "B+" as to management and n )t
less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by }\..~ I.
Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's :;U~ k
Manager.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabiliti( s
and obligations under this Section or under any other portion of this Agreement, and the City 5 ha I
have the right to obtain from the Consultant specimen copies of the insurance policies in the e'leI t
that submitted certificates of insurance are inadequate to ascertain compliance with required ovengl .
4.9.1 Endorsements
All of Consultant's certificates, above, shall contain endorsements providing that writte 1
notice shall be given to the City at least thirty (30) days prior to termination, cancellation, reductior ,
or the substancial modification in coverage in the policy.
4.9.2 Certificates
Unless directed by the City otherwise, the Consultant shall not commence any Service:
pursuant to this Agreement until the City has received and approved, in writing, original certificate, .
of insurance showing that the requirements of this Section (in i~s entirety) have been met an(
provided for. These certificates will be kept on file in the Office of the Risk Manager, 3rd Floor
City Hall, 1700 Convention Center Drive, Miami Beach, Florida.
-11-
4.10 FINAL ACCEPTANCE
When the Consultant's Services have been completed, the Consultant shall so advise the C ty
in writing. Final Acceptance shall not constitute a waiver or abandonment of any rights to rem~di ~s
available to the City under any other Section of this Agreement.
4.11 TERMINATION. SUSPENSION AND SANCTIONS
4.11.1 Termination for Cause
If through any cause within the reasonable control of the Consultant, the Consultant shall f:oil
to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulaiols
material to this Agreement, the City shall thereupon have the right to terminate the Agreemen1 aI d
the Services then remaining to be performed. Prior to exercising its option ~o terminate for cws~,
the City shall notify the Consultant of its violation of the particular terms of this Agreement and;h, II
grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (Ill)
days, the City, upon seven days notice to Consultant, may terminate this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawings, In ap"~
models, photographs, reports and other work products prepared by the Consultant anc. i s
subcontractors shall be properly delivered to the City and the City shall compensate the Consul tal ,t
in accordance with Section 3 for all Services performed satisfactorily by the Consultant pric'f 1 )
Termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City fc r
damages sustained by the City by virtue of any breach of the Agreement by the Consultant and th.~
City may reasonably withhold payments to the Consultant for the purposes of set off until such tim.~
as the exact amount of damages due the City from the Consultant is determined.
-12-
4.11.2 Termination for Convenience of City
Notwithstanding Section 4.10.1, the City may, for its convenience and without cau~ e,
terminate the Agreement and the Services then remaining to be performed at any time by gi viI g
written notice to Consultant of such termination, which shall become effective seven (7) :la: 's
following receipt by Consultant of the written termination notice. In that event, all finished I)r
unfinished documents and other materials as described in Section 2 shall be properly deliven:d 0
the City. If the Agreement is terminated by the City as provided in this Section, the City ~;h2.11
compensate the Consultant for all Services actually performed by the Consultant and reasonab e
direct costs of Consultant for assembling and delivering to City all documents. Such payments ~;ha II
be the total extent of the City's liability to the Consultant upon a termination, as provided for in th s
Section.
4.11.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement and the remaining Servict s t)
be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy c r
makes an assignment for the benefit of creditors. In such event, the right and obligations for th ~
parties shall be the same as provided for in Section 4.10.2.
4.11.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions ofthi)
Agreement, the City shall impose such sanctions as the City or the State of Florida may detemlin ~
to be appropriate, including but not limited to withholding of payments to the Consultant under th ~
Agreement until the Consultant complies and/or cancellation, termination or suspension of th :
Services, in whole or in part. In the event the City cancels or terminates the Services pursuant to thi;
Section the rights and obligations of the parties shall be the same as provided in Section 4.l1.:~.
-13-
4.11.5 Changes and Additions
Each such change shall be directed by a written Notice signed by the duly authoIiZt d
representatives of the Consultant. Said Notices shall provide an equitable adjustment in the time Ilf
performance, a reallocation of the task budget and, if applicable, any provision of this Agreerne It
which is affected by said Notice. The City shall not reimburse the Consultant for the co~;t llf
preparing Agreement change documents, written Notices to Proceed, or other documentation in th s
regard.
4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreemer t
without the prior written consent of the City.
4.13 EOUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall not discriminat ~
against any employee or applicant for employment because ofrace, color, religion, ancestry,)e~ ,
age, national origin, place of birth, marital status, or physical handicap. The Consultant shalllak ~
affirmative action to ensure that applicants are employed and that employees are treated during tlei r
employment without regard to their race, color, religion, ancestry, sex, age, national origin, plac ~
of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limtell
to the following: employment, upgrading, demotion, or termination; recruitment or recruitrr.en ~
advertising; layoff or termination; rates of pay, or other forms of compensation; and selection fo'
training, including apprenticeship.
-14-
4.14 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade Count y
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Chartt r
and Code, which are incorporated by reference herein as if fully set forth herein, in connection wit 1
the contract conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any inte'es .,
direct or indirectly which should conflict in any manner or degree with the performance of th~
Services. The Consultant further covenants that in the performance of this Agreement, no perso 1
having any such interest shall knowingly be employed by the Consultant. No member of or dele?;at ~
to the Congress of the United States shall be admitted to any share or part of this Agreement cr t)
any benefits arising therefrom.
4.15 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, de~;ig 1
specifications, processes, data and findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produced in whole or in part under thi;
Agreement shall be the subject of any application for copyright or patent by or on behalf of th ~
Consultant or its employees or subcontractors.
4.16 NOTICES
All communications relating to the day-to-day activities shall be exchanged between th:
Project Manager appointed by Consultant and the Project Coordinator designated by the City. Th ~
Consultant's Project Manager and the City's Project Coordinator shall be designated promptly u.Jor l
commencement of the Services.
All other notices and communications in writing required or permitted hereunder ma) b:
-15-
delivered personally to the representatives of the Consultant and the City listed below or may be
mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city
of dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO CONSULTANT:
Post, Buckley, Schuh & Jernigan, Inc.
Attn: Carlos del Valle, PLS
2001 NW 1 07 Avenue
Miami, Florida 33172
(305) 592-7275 ext 438
TO CITY:
Office of The City Manager
Attn: Jose Garcia-Pedrosa, City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day
following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day
following the date mailed.
4.17 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding between the
parties hereto, and there are no other agreements and understandings, oral or written with refererce
to the subject matter hereof that are not merged herein and superseded hereby. The Services ar~
-16-
hereby incorporated by reference into this Agreement to the extent that the terms and condi ::io IS
contained in the Services are consistent with the Agreement. To the extent that any term ill t] le
Services is inconsistent with this Agreement, this Agreement shall prevail.
No alteration, change, or modification of the terms of this Agreement shall be valid unle :s
amended in writing, signed by both parties hereto, and approved by the City Commission of the Ci y
of Miami Beach.
4.18 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a l.m t
on the City's liability for any cause of action for money damages due to an alleged breach by the Cit /
of this Agreement, so that its liability for any such breach never exceeds the sum of Consultant's fet,
as set forth under any outstanding Service Order. Consultant hereby expresses its willingness tl'
enter into this Agreement with Consultant's recovery from the City for any damage action for breacll
of contract to be limited to a maximum amount of Consultant's fee herein, less the amount of al
funds actually paid by the City to Consultant pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consult an
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in exc ;:s~
of Consultant's fee herein, which amount shall be reduced by the amount actually paid by the C it)
to Consultant pursuant to this Agreement, for any action or claim for breach of contract arising out
of the performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to b,~ a
waiver of the limitation placed upon City's liability as set forth in 'Section 768.28, Florida Statuks.
-'7-
4.19 VENUE
This Agreement shall be enforceable in Dade County, Florida, and iflegal action is necessllJ
by either party with respect to the enforcement of any terms and conditions herein, exclusive venm
for the enforcement of same shall lie in Dade County.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executec
by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:i:D U4o- ~AA~
City Clerk
By'
t1.c
\..
FOR CONSULTANT:
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
ATTEST:
4~;lry~
Bf:CKY S. SCHAFFER
ASSISTANT SECRETARY
By:
P1G~ident WILLIAM W. RAND PH
CHAIRMAN OF THE BOARO
Corporate Seal
APPROVED AS .'0
FORM & lANCiiUi\GE
& FOR EXECUTIf)N
~1J!Pdk. _7&1
-18-
EXHIBIT "A"
The general Scope of Work includes locating all items within the right-of-way aid
establishing a survey base line for use during design and construction activities.
Services to be provided shall include but be not limited to, surveys, and mapping of all ~ipt s,
such as right-of-way surveys/mapping; geodetic control surveys; boundary survey, jurisdiction 11
line location and topography/route surveys; providing line and grade for City project),
monumentation and remonumentation of property boundaries of subdivisions; measurement of ar d
preparation of plans showing existing improvements after construction; layout of ProPl)S( d
improvements, preparation and review of descriptions for use in legal instruments of conveyance ( f
real property and property rights; preparation of subdivision planning maps and record plat:;
determination of grades and elevations of roads; recording of field notes, property descriptions an:l
plans; providing as-built information on City oWfled utilities; collection of existing utiUit S
information in a digital format. All finalized digital survey information shall be delivered to the I:::it (
in a format that will enable this information to be automatically loaded into the City's Geographi.~
Information System.
-19-
SCHEDULE "A"
CITY OF MIAMI BEACH CONSULTANT SERVICE ORDER
Service Order No.
for Consulting Services
TO:
DA TE:
Pursuant to the Agreement between City of Miami Beach and
, for LAND SURVEYING SERVICES, you are directed to pro-lice
the following services (describe services):
Project Name and No.:
Calendar days to complete this work (from date of issue):
Estimated Construction Cost $
Fee for this Service Order $
The above fee is a lump sum _, or Upset limit _, ( check one)
Basic Service Additional Service
Reimbursable Expense
ACCEPTED:
City Manager
Consultant
APPROVED AS 1:0
FORM & lANGW~GI:
& FOR EXECunC:)NI
-20-
1(/1k4?_ 4~."V4"7
ity AttOrney O"'~
SCHEDULE "B"
Consultant Hourly Compensation Rates
SURVEYING
Principal in Charge
Project Manager
Professional Land Surveyor
Sr. Technician
CADD Technician
2 Person Field Party
3 Person Field Party
GPS - 3 man crew
Clerical
HOURLY RATE
$110.00
$ 80.00
$ 70.00
$ 60.00
$ 45.00
$ 75.00
$ 85.00
$100.00
$ 30.00
-21-