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HomeMy WebLinkAbout2003-053 0 3 , 0 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROFESSIONAL SURVEYING SERVICES AGREEMENT FOR MURPHY ACT RESERVATION AND RELEASE MAPPING THIS AGREEMENT , entered into this 4th day of March , 2003 by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida , hereinafter referred to as the " COUNTY" , and NICK MILLER , INC . , a corporation existing under the laws of the State of Florida , hereinafter referred to as the " SURVEYOR" . WITNESSETH That the COUNTY and the SURVEYOR , in consideration of their mutual covenants , herein agree with respect to the performance of professional surveying and mapping services by the SURVEYOR , and the payment for those services by the COUNTY , as set forth below . The SURVEYOR shall provide the COUNTY with professional surveying and mapping services and such other related services as defined in this Agreement . SECTION I — PROJECT LIMITS Project limits shall be identified in Exhibit "A" attached hereto and by this reference incorporated herein in its entirety . Basic services required of the SURVEYOR for the project will be described in other appropriate sections of this Agreement . SECTION II — COUNTY OBLIGATIONS The COUNTY agrees to provide the following material , data , or services as required in connection with the work to be performed under this Agreement : A . Provide the SURVEYOR with a copy of any pertinent preliminary data or reports available to the COUNTY . B . Provide the SURVEYOR with all reasonably available drawings , surveys , right-of-way maps , and other documents in the possession of the COUNTY that are pertinent to the project . C . The COUNTY shall provide all title information relating to land acquisition . SECTION III — SCOPE OF SERVICES The SURVEYOR agrees to perform all necessary professional surveying and mapping services and other pertinent services in connection with the assigned project as required and as set forth in the following : 1 . The SURVEYOR will endeavor not to duplicate any previous work done on any project . Before issuance of a written authorization to proceed , the SURVEYOR shall consult with the COUNTY to clarify 1 and define the COUNTY ' s requirements for the project and review all available data . 2 . The SURVEYOR shall attend conferences with the COUNTY and its representatives , upon request . 3 . In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement , the SURVEYOR shall : a . Complete work on the project within the time allowed by maintaining an adequate staff of registered surveyors and mappers , CADD operators and other employees on the Work at all times . b . Comply with all federal , state , and local laws applicable to this project( s ) . The SURVEYOR' S work product shall conform with all applicable federal , state and local laws applicable to this project( s ) . C , The SURVEYOR shall cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated . d . The SURVEYOR shall report the status of the project to the County Public Works Director upon request and hold all drawings , calculations , and related work open to the inspection of the COUNTY at any time , upon reasonable request . 4 . All original documents and items furnished to the SURVEYOR by the COUNTY pursuant to this Agreement , are and shall remain the property of the COUNTY , and shall be delivered to the COUNTY upon completion of the work . All items prepared by the SURVEYOR shall be created , maintained , updated , and provided in the format as specified by the COUNTY . 5 . Compensation to the SURVEYOR for basic services shall be in accordance with Exhibit "A , " as mutually agreed upon by the SURVEYOR and the COUNTY . A Schedule of current hourly billing rates is included in Exhibit "A" . SECTION IV — TIME FOR COMPLETION The time for completion of the project shall be as set forth in Exhibit "A" . SECTION V — COMPENSATION The COUNTY agrees to pay , and the SURVEYOR agrees to accept , for services rendered pursuant to this Agreement , the Professional Services Fees and other fees mutually agreed upon by the SURVEYOR and the COUNTY as set forth on Exhibit "A" attached hereto and by this reference incorporated herein in its entirety . " Lump Sum " shall mean that SURVEYOR shall perform all services set forth for total compensation in the amount stated in Exhibit "A" . The total hourly rates payable by COUNTY for each of the SURVEYOR ' s employee categories shall not exceed those shown on Exhibit " B " during the term of this Agreement . The obligations of the County under this 2 Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County . SECTION VI — ADDITIONAL SERVICE WORK Additional service work occurs when the COUNTY requests changes after it has formally approved this Agreement . Additional service work shall not commence until a Work Order for the additional work has been formally issued by the County Public Works Director or his designee , and formally approved by the Indian River County Board of County Commissioners , and the additional service work shall be performed in accordance with the fee schedule set forth in Exhibit " B " . If the project scope is changed after a Work Order has been executed , such work shall be the subject of a Supplemental Work Order formally approved by the Indian River County Board of County Commissioners . SECTION VII — STANDARD OF CARE The SURVEYOR has , during the selection and negotiation process which has preceded this Agreement , represented to COUNTY that the SURVEYOR is possessed of the requisite level of skill , knowledge , experience , and expertise that is commensurate with the area of practice required for this Agreement . SURVEYOR acknowledges that COUNTY has relied on SURVEYOR's representations of skill , knowledge , experience and expertise . By executing this Agreement , SURVEYOR agrees that SURVEYOR will exercise that degree of care , knowledge , skill , and ability as other consultants possessing the degree of skill , knowledge , experience and expertise which SURVEYOR has claimed . SURVEYOR shall perform such duties as may be assigned without neglect . SURVEYOR covenants with COUNTY to cooperate with COUNTY and to utilize SURVEYOR Is best skill , efforts and judgment in the areas of practice required for this Agreement . SURVEYOR agrees to perform the work under this Agreement in an efficient and economical manner consistent with the COUNTY's interest ; the COUNTY's stated objectives ; and recognized professional standards . SECTION VIII — PAYMENTS A . The COUNTY shall make monthly partial payments pursuant to Florida Prompt Payment Act ( F . S . Section 218 . 70 et. seq . ) to the SURVEYOR for services performed under this Agreement . A ten percent ( 10 % ) retainage shall be withheld by the COUNTY until all of the SURVEYOR 9s work is completely accepted by the COUNTY . If work is held up on the project for six months or greater due to no fault of the SURVEYOR , the SURVEYOR may request release of the accumulated retainage . B . Unless otherwise stated herein , the SURVEYOR shall submit duly certified invoices in triplicate to the County Public Works Director, setting forth with particularity. C . The Agreement shall be divided into units of deliverables , which shall include , but not be limited to , reports , findings , drawings , and drafts , that must be received and accepted in writing by the County Public Works Director, prior to payment , all as set forth in Exhibit "A . " 3 SECTION IX — RIGHT OF DECISIONS A . All services shall be performed by the SURVEYOR to the satisfaction of the County Public Works Director who shall decide all questions , difficulties , and disputes of whatever nature that may arise under or by reason of this Agreement , according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY ' s decision upon all claims , questions , and disputes shall be final , conclusive , and binding upon the parties hereto , unless such determination is clearly arbitrary or unreasonable . Be Adjustments of compensation and contract time because of any major changes in the work , which might become necessary or be deemed desirable as the work progresses , shall be reviewed by the County Public Works Director. If the SURVEYOR does not concur in the judgment of the County Public Works Director as to any decisions made by him or her, it shall present its written objections to the County Administrator of Indian River County , who shall make a decision , and the SURVEYOR shall abide by the County Administrator' s decision , unless the decision is clearly arbitrary or unreasonable . SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS A . Ownership and Copyright : Ownership and copyright of all reports , tracings , plans , specifications , field books , survey information , maps , contract documents , and other data developed by the SURVEYOR pursuant to this Agreement , shall be vested in the COUNTY . Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY . On or before the tenth day after all work contemplated under this Agreement is complete , all of the above materials shall be delivered to the appropriate County Representative . Be Reuse of Documents : All documents , including but not limited to reports and drawings , and all deliverables of any nature whatsoever, prepared by the SURVEYOR pursuant to this Agreement , shall be the sole property of the COUNTY . Furthermore , the COUNTY may reuse them at no additional cost , and the COUNTY shall be vested with all rights of whatever kind and however created that may be in existence thereto ; provided , however, that the SURVEYOR shall not be liable or legally responsible to anyone for the COUNTY Is reuse of any such materials on any other COUNTY Project , SECTION XI — NOTICES Any notices , reports or other written communications from the SURVEYOR to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Public Works Director. Any notices , reports or other communications from the COUNTY to the SURVEYOR , shall be considered delivered when posted by certified mail to the SURVEYOR at the last address left on file with the COUNTY or delivered in - person to said SURVEYOR or its authorized representative . The names and address to be contacted are as follows : 4 As to the COUNTY : Indian River County Board of County Commissioners Attn : James W . Davis , P . E . Public Works Director 184025 th Street Vero Beach , FL 32960 As to the SURVEYOR : Nick Miller, Inc . Attn : Nicholas D . Miller, Vice President 2560 RCA Blvd . , Suite 105 Palm Beach Gardens , FL 33410 SECTION XII — TERMINATION Either party may terminate this Agreement upon seven (7 ) days written notice to the other party, except if the SURVEYOR terminates this Agreement , such termination shall not be effective , absent the COUNTY' s consent , until the SURVEYOR' S completion , to the COUNTY' s satisfaction , of any pending Work Order. SECTION XIII — SURVEYOR ' S PERSONNEL ASSIGNED TO THE PROJECT The COUNTY shall have the right of approval of all SURVEYOR ' s personnel assigned to any COUNTY project . Therefore , any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval . Failure to adhere to this policy shall be considered a cause for contract termination . SECTION XIV — AUDIT RIGHTS The COUNTY reserves the right to audit the records of the SURVEYOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made . In addition , the SURVEYOR shall comply with the provisions of Chapter 119 , Florida Statutes ( Public Records Law) in connection with this Agreement . SECTION XV — SUBLETTING The SURVEYOR shall not sublet , assign , or transfer any work under this Agreement without the written consent of the COUNTY . When applicable and upon receipt of such consent in writing , the SURVEYOR shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data . SECTION XVI — WARRANTY The SURVEYOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the SURVEYOR , to solicit or secure this Agreement , and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the SURVEYOR any fee , commission , percentage fee , gifts or any other considerations , contingent upon or 5 resulting from the award or making of this Agreement . For the SURVEYOR' S breach or violation of this warranty , the COUNTY shall have the right to annul this Agreement without liability . SECTION XVII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of one year after the date of execution thereof, or until completion of all project phases as defined by the County Public Works Director, whichever occurs first , or unless otherwise terminated by mutual consent of the parties hereto , or terminated pursuant to Section XII — "Termination . " SECTION XVIII — INSURANCE During the performance of the work covered by this Agreement , the SURVEYOR shall provide the COUNTY with evidence that the SURVEYOR has obtained and maintains the insurance listed in the Agreement . 1 . SURVEYOR shall procure and maintain for the duration of the Agreement , insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SURVEYOR , its agents , representatives , employees or subcontractors . The cost of such insurance shall be included in the SURVEYOR' s fees . 2 . Minimum Scope of Insurance (for fees less than $ 500 , 000 ) Worker' s Compensation as required by the State of Florida . Employers Liability of $ 100 , 000 each accident , $ 500 , 000 disease policy limit , and $ 100 , 000 disease each employee . A . General Liability $ 1 , 000 , 000 combined single limit per accident for bodily injury and property damage . Coverage shall include premises/operations , products/completed operations , contractual liability, and independent contractors . COUNTY shall be named an "Additional Insured " on the certificate of insurance . B . Auto Liability $ 1 , 000 , 000 combined single limit per accident for bodily injury and property damage . Coverage shall include owned vehicles , hired vehicles , and non -owned vehicles . COUNTY shall be named an "Additional Insured " on the certificate of insurance . C . Professional Liability Insurance providing coverage for negligent acts , errors , or omissions committed by SURVEYOR with a limit of $ 1 , 000 , 000 per claim/annual aggregate . This insurance shall extend coverage to loss of interest , earning , profit , use and business interruption , cost of replacement power, and other special , indirect , and consequential damages . 3 . SURVEYOR' s insurance coverage shall be primary . 4 . All above insurance policies shall be placed with insurers with a Best' s rating of no less that A-VII . The insurer chosen shall also be licensed to do business in Florida . 6 5 . The insurance policies procured , other than professional liability, shall be occurrence forms , not claims made policies . Professional liability shall be on a claims-made basis . 6 . The insurance companies chosen shall provide certificates of insurance prior to signing of contracts , to the Indian River County Risk Management Department . 7 . Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department , of its intent to modify or cancel said policies of insurance . Such notice shall be in writing by registered mail , return receipt requested , and addressed to the Risk Manager of the Risk Management Department . 8 , The SURVEYOR shall include all sub-contractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein . 9 . Any deductibles or self- insured retentions greater than $ 5 , 000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR . SECTION XIX - INDEMNIFICATION SURVEYOR hereby agrees to indemnify, and hold harmless , the COUNTY , and the COUNTY ' s officers , employees and agents , from and against any and all claims from liabilities , damages , losses , costs , third party claims , judgments , and expense to persons or property , including reasonable attorneys ' fees , to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of SURVEYOR , or of SURVEYOR' s officers , employees , or agents , and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith , including reasonable attorneys ' fees . SECTION XX — SAFETY The Surveyor is solely responsible for any job site safety . However, in accordance with generally accepted practices , the SURVEYOR may report any observed job site safety violations by others to the COUNTY . SECTION XXI — CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . SECTION XXII— ENTIRETY OF AGREEMENT This writing embodies 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 7 hereby . No alteration , change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto . SECTION XXIII - SEVERABILITY If any provision , section , or paragraph of this Agreement is determined by a court of competent jurisdiction to be void , illegal , or unenforceable , the remaining portions not found to be void , illegal , or unenforceable , shall remain in full force and effect . IN WITNESS WHEREOF , the parties hereto have executed these presents this 4th day of March , 2003 . SURVEYOR : NICK MILLER , INC .. By . phen M . Gordon , President Attest : J . K . Barton , Clerk COUNTY : INDIAN RIVER COUNTY BOARD OF COUNTSSIONERS Deputy Clerk By � COM � k7? Kenneth R . Macht , Chairman Approved by BCC 03 - 04 - 2003 Approved by : zo� — JAmes E . C416ndler u Administra Indian River county Approved d e'" u e Administration County Attorney Budget Co . Attorney Risk Management ' Department Division e, �o murphy actAGREEMENT 8 EXHIBIT " A " SCOPE OF SERVICES INDIAN RIVER COUNTY MURPHY ACT RESERVATION AND RELEASE MAPPING OBJECTIVE OF THE PROJECT The objective of the Murphy Act Reservation and Release Mapping Project is to map the boundaries of the Murphy Act State Road Reservations and subsequent releases located within Indian River County, Florida. The Murphy Act reservation and release mapping completed through this project will be used by Indian River County for the following functions : 1 . To determine the approximate extent of current rights-of-way for use in planning public works projects . 2 . To identify parcels adjacent to state designated roads that are affected by Murphy Act reservations and releases for the determination of setback, minimum lot size and other land development restrictions . The SURVEYOR and the County agree that the base map to be used for the project is the Indian River County Property Appraiser ' s electronic parcel map . The spatial precision and accuracy of the mapping performed during this project will be no better than that of the base map . The County understands and agrees that the mapping provided by the SURVEYOR does not represent a survey, is not based on field measurements and is based solely on information provided to the SURVEYOR by the County. HOW MURPHY ACT RESERVATIONS WERE CREATED Murphy Act reservations were created as 100- foot wide reservations lying on either side of the centerline of state designated roads . The reservations are based on the location of the centerline of the road at the time of reservation. Additionally, reservations occurring after 1944 were only applicable to roads lying outside of any municipal boundary. All reservations created after 1944 must be examined to determine if they fall within the boundary of one of the four municipalities in Indian River County at the time of reservation. PROJECT METHODS MAPPING MURPHY ACT RESERVATIONS Source of Reservation Data Seven-hundred seventy-five (775 ) Murphy Act reservations identified in the report titled " State Designated Roads and Applicable Murphy Act Road Reservations for Indian River County, Florida", dated March 15 , 1995 and revised on November 1 , 1997 , by Atlantic Coastal Title Corporation (ACTC) will be mapped . The ACTC report contains abbreviated descriptions of the Page 1 of 5 reservations that will be used to create the map . In cases where the abbreviated description cannot be plotted, the County will provide a copy of the deed creating the reservation . Determination of Centerlines to Use for Mapping Reservations Where available, SURVEYOR will use the historic centerline information provided by Indian River County as the centerline of the Murphy Act reservations . Where no centerline information is provided for a road, SURVEYOR will use the digital aerial photography provided by Indian River County to digitize the centerline of the existing pavement . Analysis of Reservations Created After 1944 Reservations that occurred after 1944 are exempt from the Murphy Act if, at the time of the reservation, they fall within a municipal boundary. Therefore , each reservation occurring after 1944 will be analyzed to determine if it was within the boundary of one of the county' s four municipalities when it was originally reserved. To perform this analysis SURVEYOR will use the municipal boundary information provided by Indian River County. Data Structure of Reservations Each reservation will be created as an AutoCAD block with attributes . To facilitate documentation of the reservations the following attributes will be assigned to each reservation block : • TIIF Deed Number of the Murphy reservation • Deed Book Number of the Murphy reservation • Deed Book Page Number of the Murphy reservation MAPPING RESERVATION RELEASES Source of Release Data SURVEYOR will map orae-thousand five-hundred twenty-nine ( 1 , 529) releases of Murphy Act reservations based on release documents provided by Indian River County. Data Structure of Releases NMI will map the releases as AutoCAD blocks with attributes . To facilitate documentation of the releases the following attributes will be assigned to each release polygon : • TIIF release reference number • Deed Book Number of the release • Deed Book Page Number of the release • Date of the release Page 2 of 5 PROJECT DELIVERABLES ELECTRONIC MAPS AND ATTRIBUTE DATABASES NMI will deliver the mapped reservations and releases in two electronic formats : 1 . AutoCAD 2000 blocks with attributes . 2 . ArcGIS polygon shape files with associated attribute tables . SURVEYOR' S REPORT NMI will prepare a report describing the methods used to create the maps and the spatial accuracy of the maps . PAPER MAPS In addition to the deliverables described above, the County may, at its option, authorize NMI to prepare two paper maps depicting the Murphy Act reservations and releases . 1 . A wall map showing state designated roads within Indian River County and highlighting the portions of those roads where reservations exist . 2 . A map book on 11 " x 17 " (tabloid) size paper showing approximately one Public Land Survey System Section per page . The map book will show the remaining reservations and will use the Property Appraiser ' s GIS map as a base map . DELIVERY SCHEDULE The project will consist of two submittals—a 10% complete submittal and a 100% complete submittal . At the 10% complete submittal the County will review the submitted maps within 21 working days and request any changes in the map or procedures . The purpose of this submittal is to ensure that the mapping is being prepared in a manner acceptable to the County and to incorporate any modifications to mapping methods at an early stage in the project . Significant modifications to the mapping methods outlined in this scope may alter the fee and delivery schedule . Following the final submittal, the County shall have 30 days to review the maps and make comments . NMI will then have 30 days to address the comments . 1 . Commence Work March 10, 2003 2 . 10% Submittal May 2 , 2003 3 . 100% Submittal September 22 , 2003 Page 3 of 5 FEES AND BILLING SCHEDULE The fees for this project shall be Sixty-six thousand ($ 66 , 000 . 00) dollars . The optional creation of the paper maps described above shall be an additional fee of Eight thousand ($ 8 ,000 . 00) dollars . Each invoice submitted by the SURVEYOR shall reflect the actual services rendered during the preceding month and shall be accompanied by progress prints . The hourly rates used by the SURVEYOR shall not exceed the following : A . Personnel Rates : Principal $ 110 . 00 per hour Professional Surveyor and Mapper $ 90 . 00 per hour Office Support Staff (Technical) $ 70 . 00 per hour Office Support Staff (Administrative) $ 25 . 00 per hour Field Crew $ 90 . 00 per hour END OF EXHIBIT "A" SCOPE OF SERVICES Page 4 of 5 EXHIBIT `B " TIME & EXPENSE RATES The following rates are utilized in calculating invoice amounts for services rendered on a Time and Expense basis , this includes any "Additional Services " . A. Outside contractual services by SURVEYOR on CLIENT' S behalf, direct non-salary expenses including, but not limited to , special mailing or delivery services, legal advertisements and notices , and title search service, not to exceed $ 500 . 00 , are reimbursable at the actual rate with no additional percentage added. SURVEYOR acknowledges and agrees that there shall be no reimbursement from CLIENT for any mileage expenses incurred by SURVEYOR in connection with the service under this agreement . B . The fees for Blueprinting and Mylar ' s are as follows : Blueprinting : $ 1 . 50 per page Mylars : $ 10 . 00 per page C . Personnel Rates : Principal $ 110 . 00 per hour Professional Surveyor and Mapper $ 90 . 00 per hour Office Support Staff (Technical) $ 70 . 00 per hour Office Support Staff (Administrative) $ 25 . 00 per hour Field Crew $ 90 . 00 per hour END OF AGREEMENT FOR SERVICES Page 5 of 5