97-22466 RESO
RESOLUTION NO. 97-22466
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 CONSUL-TECH
ENGINEERING, 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 No.
56-96/98) seeking professional land surveying services; and
WHEREAS, a selection committee, comprised of City representatives and community
residents, reviewed the proposals submitted; and
WHEREAS, the selection committee recommended Consul-Tech Engineering, Inc.
(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 Consultant
for professional land surveying services on a rotational basis for a two-year period, commencing on
August 1, 1997, and ending on July 31, 1999; and
WHEREAS, fees to be paid under the Agreement with the Consultant shall be either on the
basis of a lump sum or an hourly rate in accordance with Schedule B, attached to the Agreement,
with an upset limit for the work.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Clerk are authorized to execute the attached Professional Services Agreement with Consul-Tech
Engineering, Inc. for Land Surveying Services on a rotational basis for a two-year period; said
Agreement commencing on August 1, 1997, and ending on July 31, 1999.
PASSED and ADOPTED this 16th day of July
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Attest:
_eo ltAo f (U~
City Clerk
1IUii)dl~
ify Attorney
~
~ITY OF MIAMI BEACH
ITV HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ttp:\\ci. miami-beach. fl. us
COMMISSION MEMORANDUM NO. SO '2.. -9. '7
TO:
Mayor Seymour Gelber and DATE: July 16, 1997
Members of the City Commission
Jose GarCia-pedrosa..L ; . . J'
City Manager , 1(
1) A REQJJEST TO ACCEPT THE RANKING OF PROPOSALS RECEIVED
PURSUANT TO RFQ NO. 56-96/98 FOR PROFESSIONAL LAND SURVEYING
SERVICES ON A ROT A TlONAL BASIS;
FROM:
SUBJECT:
2) RESOLUTIONS AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AGREEMENTS FOR PROFESSIONAL LAND SURVEYING SERVICES FOR 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:
I) 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 surveying
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.
ViaLink, Inc.
Weidener Surveying & mapping
AGENDA ITEM
c.'l D
-'-/~-'f7
DATE
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 evaluate
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)
ANAL YSIS
Evaluation criteria considered during this process included the experience of the firm, project
manager's experience, previous work on similar projects, composition of the project team, and the
firm's technical proposal.
The committee voted unanimously to recommend to the City Manager the following four firms:
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 ofthe contracts be made simultaneously with the approval
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 land
surveying is the initial step in project development.
Negotiations were conducted with the four above-named firms, and there is consensus by the firms
on the agreement, as presented, including the pricing structure. The agreements are for a two-year
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 will enable the City to employ these firms to
perform pecessary land surveying services.
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
CONSUL-TECH ENGINEERING, 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, legal
representatives, and assigns, and CONSUL-TECH ENGINEERING, INC. (Consultant).
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 be an
independent contractor, and not an agent or employee of the City.
"Final Acceptance" means notice from the City to the Consultant that the
Consultant's Services are complete.
Amount paid to the Consultant to allow for its costs and margin of profit.
An individual designated by the City Commission to coordinate, direct and
review on behalf of the City all technical matters involved in the Scope of
Work and Services.
Proposal Documents shall mean the a) Request for Qualifications No. 56 _
96/98 for Two Year Contract for Professional Land Surveying on a
Rotational Basis Services, issued by the City, in contemplation of this
Agreement, together with all amendments, and b) the Consultant's proposal
and response (Proposal) which is incorporated by reference in this Agreement
and made a part hereof.
The Risk Manager of the City, with offices at 1700 Convention Center Drive,
Third Floor, Miami Beach, Florida 33139.
Services:
Termination:
Task:
All services, work and actions by the Consultant performed pursuant to or
undertaken under this Agreement described in Section 2.
Termination of Consultant Services as provided in Section 4.11 of this
Agreement.
A discrete portion of the Scope of Services to be accomplished by the
Consultant, as described in Section 2, if directed and authorized.
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SECTION 2
SCOPE OF WORK AND SERVICES REOUIRED
2.1 BASIC SERVICES
The Consultant shall provide Basic Services and Additional Services for various projects,
as determined by the City (Project). The Consultant is aware that this is a nonexclusive Agreement,
and that the City also has other consultants under contract to provide land surveying services. The
City Manager shall have the discretion to determine which of the consultants under contract shall
be awarded a particular Project under consideration. The work for each Project will be performed
by the Consultant upon receipt of a written "Service Order" issued by the City Manager. The
Service Order shall contain a description of the work required (Scope of Work), contain either an
agreed lump sum fee or an hourly fee, as provided in Schedule A hereto, with an upset limit for the
work, reimbursable expenses, and a description of the type of services. Consultant shall countersign
the Service Order.
2.2 ADDITIONAL SERVICES
Services not specifically provided for in a Service Order, must be authorized in writing by
the City in advance of its performance, and may be paid for as a multiple of direct personnel
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 writing,
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.
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SECTION 3
COMPENSATION
3.1 FEE
The City shall compensate the Consultant for the scope of services provided, in accordance
with Section 2, and with the other terms and conditions of this Agreement.
The Consultant shall be compensated for Basic Services, Additional Services and
Reimbursable Expenses on the basis set forth below:
Basic Services of the Consultant shall be compensated for on the basis of either an agreed
lump sum fee or an hourly rate in accordance with Schedule B - Consultant Hourly Compensation
Rates, attached hereto, with an upset limit for the work.
Any Services not included in the provisions of this Agreement and its conditions may be
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 as
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 the
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 furnishing
adequate documentation of the expense and, ifrequired, demonstrating to the satisfaction of the City
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that the expense was in the interest of the Project.
3.2 DIRECT PERSONNEL EXPENSE
For Additional Services rendered under this Agreement, the Consultant and its
sub-consultants, if any, shall be reimbursed on the basis of the hourly rates set forth in Schedule B.
3.3 REIMBURSABLE EXPENSES
Reimbursable expenses are in addition to the compensation for Basic and Additional Services
and include actual expenditures made by the Consultant and the Consultant's employees and
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 the
City Manager or the City's Project Coordinator. Invoices or vouchers for R~imbursable Expenses
shall be submitted by the Consultant to the City, along with supporting receipts, and other back-up
material reasonably requested by the City, and Consultant shall certify as to each such invoice that
the amounts and items claimed as reimbursable are "true and correct and in accordance with the
Agreement." Expenses subject to reimbursement in accordance with the above procedures are as
follows:
a) If authorized in advance by the City Manager or the City's Project Coordinator, expense
of overtime work requiring higher than regular rates not caused by Consultant, or, not included as
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 excess
of the insurance requirement set forth in Section 4.9.
c) Expense of transportation in connection with the Project; living expenses in connection
with out-of-town travel; long distance communications; and fees paid for securing approvals of
authorities having jurisdiction over the Project. Consultant shall comply with the City's standards
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for reimbursable travel expenses. Travel within Dade County shall not be reimbursable.
d) Expense of reproduction, postage and handling of drawings, specifications and other
documents, except for those expenses to be borne by the Consultant under the Basic Services,
excluding reproductions for the office use of the Consultant and the Consultant's consultants.
e) Aerial photography expenses and other photographic production expenses.
f) Expense of data processing when such data processing equipment is available either
directly by the Consultant or through an outside service, shall not be reimbursable but should be
included as a Basic Service.
3.4 METHOD OF PAYMENT
Payments for Services shall be made monthly based upon work completed and approved by
the Project Coordinator, upon presentation and receipt of Consultant's invoice or statement. When
compensation is made on the basis of a lump sum, then payments shall be made in proportion to the
services performed.
Payments shall be made within thirty (30) days of submission of an invoice to the City.
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SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall exercise that degree of
skill, care, efficiency and diligence normally exercised by recognized professionals with respect to
the performance of comparable Services. In its performance of the Services, the Consultant shall
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) Florida
Statute on Public Entity Crimes as available with the Office of Procurement, shall be filed by
Consultant.
4.3 PROJECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as Project
Manager for the Services who shall be fully responsible for the day-to-day activities under this
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 execution
by all parties hereto.
4.5 TIME OF COMPLETION
The Services to be rendered by the Consultant shall be commenced upon receipt of a \vritten
Service Order duly executed by both parties, subsequent to the execution of this Agreement, and
Consultant shall adhere to the completion schedule as referenced in the Service Order.
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A reasonable extension of time shall be granted in the event the work of the Consultant is
delayed or prevented by the City or by any circumstances beyond the reasonable control of the
Consultant, including weather conditions or acts of God which render performance of the
Consultant's duties impracticable.
4.6 CONSUL T ANT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Additional Services and
services performed on the basis of a multiple of direct personnel expense shall be kept on the basis
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 EOUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related exclusively
to the Services described herein, and are intended or represented for ownership by the City. Any
reuse shall be approved by the City.
4.8 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless, the City of Miami Beach and its officers,
employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses,
including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death,
loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from
the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees,
agents, or any other person or entity acting under Consultant's control, in connection with the
Consultant's performance of the Services pursuant to this Agreement; and to that extent, the
Consultant shall pay all such claims and losses and shall pay all such costs and judgements which
may issue from any lawsuit arising from such claims and losses, and shall pay all reasonable costs
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and attorneys fees expended by the City in the defense of such claims and losses, including appeals.
The parties agree that one percent (1 %) of the total compensation to the Consultant for performance
of this Agreement is the specific consideration from the City to the Consultant for the Consultant's
Indemnity Agreement.
The Consultant's obligation under this Section shall not include the obligation to indemnify
the City of Miami Beach and its officers, employees and agents, from and against any actions or
claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful
conduct of the City and its officers, employees and agents. The parties each agree to give the other
party prompt notice of any claim corning to its knowledge that in any way directly or indirectly
affects the other party.
4.9 INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all insurance
required under this Section has been obtained and such insurance has been approved by the City's
Risk Manager. The Consultant shall maintain and carry in full force during the term of this
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 bodily
injury and property damage (to include contractual products and completed operations). The
City of Miami Beach must be named as an additional insured on this policy. A certified
copy of the Consultant's (and any sub-consultants') Insurance Policy must be filed and
approved by the Risk Manager prior to commencement.
3. Workers Compensation & Employers Liability as required pursuant to Florida statute.
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4. The insurance must be furnished by insurance companies rated B + VI by A.M. Bests and
authorized to do business in the State of Florida and approved by the City's Risk Manager.
5. The Consultant is responsible for obtaining and submitting all insurance certificates for their
consultants.
All insurance policies must be issued by companies authorized to do business under the laws
of the State of Florida. The companies must be rated no less than "B+" as to management and not
less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M.
Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk
Manager.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities
and obligations under this Section or under any other portion of this Agreement, and the City shall
have the right to obtain from the Consultant specimen copies of the insurance policies in the event
that submitted certificates of insurance are inadequate to ascertain compliance with required overage.
4.9.1 Endorsements
All of Consultant's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation, reduction,
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 Services
pursuant to this Agreement until the City has received and approved, in writing, original certificates
of insurance showing that the requirements of this Section (in its entirety) have been met and
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.
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4.10 FINAL ACCEPTANCE
When the Consultant's Services have been completed, the Consultant shall so advise the City
in writing. Final Acceptance shall not constitute a waiver or abandonment of any rights to remedies
available to the City under any other Section of this Agreement.
4.11 TERMINATION. SUSPENSION AND SANCTIONS
4.11.1 Termination for Cause
Ifthrough any cause within the reasonable control of the Consultant, the Consultant shall fail
to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations
material to this Agreement, the City shall thereupon have the right to terminate the Agreement and
the Services then remaining to be performed. Prior to exercising its option to terminate for cause,
the City shall notify the Consultant of its violation of the particular terms of this Agreement and shall
grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10)
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, maps,
models, photographs, reports and other work products prepared by the Consultant and its
subcontractors shall be properly delivered to the City and the City shall compensate the Consultant
in accordance with Section 3 for all Services performed satisfactorily by the Consultant prior to
Termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Agreement by the Consultant and the
City may reasonably withhold payments to the Consultant for the purposes of set off until such time
as the exact amount of damages due the City from the Consultant is determined.
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4.11.2 Termination for Convenience of City
Notwithstanding Section 4.10.1, the City may, for its convenience and without cause,
terminate the Agreement and the Services then remaining to be performed at any time by giving
written notice to Consultant of such termination, which shall become effective seven (7) days
following receipt by Consultant of the written termination notice. In that event, all finished or
unfinished documents and other materials as described in Section 2 shall be properly delivered to
the City. If the Agreement is terminated by the City as provided in this Section, the City shall
compensate the Consultant for all Services actually performed by the Consultant and reasonable
direct costs of Consultant for assembling and delivering to City all documents. Such payments shall
be the total extent of the City's liability to the Consultant upon a termination as provided for in this
Section.
4.11.3 Termination for Insolvency
The City also reserves the right to terminate the Agreement and the remaining Services to
be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or
makes an assignment for the benefit of creditors. In such event, the right and obligations for the
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 of this
Agreement, the City shall impose such sanctions as the City or the State of Florida may determine
to be appropriate, including but not limited to withholding of payments to the Consultant under the
Agreement until the Consultant complies and/or cancellation, termination or suspension of the
Services, in whole or in part. In the event the City cancels or terminates the Services pursuant to this
Section the rights and obligations of the parties shall be the same as provided in Section 4.11.2.
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4.11.5 Changes and Additions
Each such change shall be directed by a written Notice signed by the duly authorized
representatives of the Consultant. Said Notices shall provide an equitable adjustment in the time of
performance, a reallocation of the task budget and, if applicable, any provision of this Agreement
which is affected by said Notice. The City shall not reimburse the Consultant for the cost of
preparing Agreement change documents, written Notices to Proceed, or other documentation in this
regard.
4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
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 discriminate
against any employee or applicant for employment because of race, color, religion, ancestry, sex,
age, national origin, place of birth, marital status, or physical handicap. The Consultant shall take
affirmative action to ensure that applicants are employed and that employees are treated during their
employment without regard to their race, color, religion, ancestry, sex, age, national origin, place
of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited
to the following: employment, upgrading, demotion, or termination; recruitment or recruitment
advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for
training, including apprenticeship.
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4.14 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter
and Code, which are incorporated by reference herein as if fully set forth herein, in connection with
the contract conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance of the
Services. The Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall knowingly be employed by the Consultant. No member of or delegate
to the Congress of the United States shall be admitted to any share or part ~fthis Agreement or to
any benefits arising therefrom.
4.15 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
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 this
Agreement shall be the subject of any application for copyright or patent by or on behalf of the
Consultant or its employees or subcontractors.
4.16 NOTICES
All communications relating to the day-to-day activities shall be exchanged between the
Project Manager appointed by Consultant and the Project Coordinator designated by the City. The
Consultant's Project Manager and the City's Project Coordinator shall be designated promptly upon
commencement of the Services.
All other notices and communications in writing required or permitted hereunder may be
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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:
Consul- Tech Engineering, Inc.
Attn: Andres Garganta, P .E.
10570 NW 27th Street, Suite 101
Miami, Florida 33172
(305) 599-3141
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 reference
to the subject matter hereof that are not merged herein and superseded hereby. The Services are
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hereby incorporated by reference into this Agreement to the extent that the terms and conditions
contained in the Services are consistent with the Agreement. To the extent that any term in the
Services is inconsistent with this Agreement, this Agreement shall prevail.
No alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in \Vriting, signed by both parties hereto, and approved by the City Commission of the City
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 limit
on the City's liability for any cause of action for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of Consultant's fee,
as set forth under any outstanding Service Order. Consultant hereby expresses its willingness to
enter into this Agreement with Consultant's recovery from the City for any damage action for breach
of contract to be limited to a maximum amount of Consultant's fee herein, less the amount of all
funds actually paid by the City to Consultant pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess
of Consultant's fee herein, which amount shall be reduced by the amount actually paid by the City
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 be a
waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes.
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4.19 VENUE
This Agreement shall be enforceable in Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any terms and conditions herein, exclusive venue
for the enforcement of same shall lie in Dade County.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
By: ~d- 9cw.L-
City Clerk
By:
ATTEST:
FOR CONSULTANT:
CONSUL-TEe NGINEERING, INC.
ATTEST:
~
By:
Corporate Seal
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
1tf:Jtf..,lti; 1J::jrr;
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EXHIBIT "A"
The general Scope of Work includes locating all items within the right-of-way and
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 types,
such as right-of-way surveys/mapping; geodetic control surveys; boundary survey, jurisdictional
line location and topography/route surveys; providing line and grade for City projects,
monumentation and remonumentation of property boundaries of subdivisions; measurement of and
preparation of plans showing existing improvements after construction; layout of proposed
improvements, preparation and review of descriptions for use in legal instruments of conveyance of
real property and property rights; preparation of subdivision planning maps and record plats;
determination of grades and elevations of roads; recording of field notes, property descriptions and
plans; providing as-built information on City owned utilities; collection of existing utilities
information in a digital format. All finalized digital survey information shall be delivered to the City
in a format that will enable this information to be automatically loaded into the City's Geographic
Information System.
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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 provide
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 TO
FORM & LANGUAGE
& FOR EXECUTION
-20-
111YJ1~ :2!<:vA7
City rney Date
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
-21-
HOURLY RATE
$110.00
$ 80.00
$ 70.00
$ 60.00
$ 45.00
$ 75.00
$ 85.00
$100.00
$ 30.00