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HomeMy WebLinkAbout2009-227E INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT PROFESSIONAL SURVEYING & MAPPING/GIS SERVICES AGREEMENT FOR NEIGHBORHOOD STABILIZATION PROGRAM SURVEYING SERVICES 2010 =2011 THIS AGREEMENT , entered into this .5 day of fWIZ 2010 by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida , hereinafter referred to as " COUNTY" , and MASTELLER , MOLER , REED & TAYLOR , INC . hereinafter referred to as " SURVEYOR " . WITNESSETH That COUNTY and SURVEYOR , in consideration of their mutual covenants , herein agree with respect to the performance of professional surveying and mapping/GIS services by SURVEYOR , and the payment for those services by COUNTY , as set forth below and in individual Work Orders . This agreement shall be referred to as the " MASTER AGREEMENT" under which future Work Orders will apply . SURVEYOR shall provide COUNTY with professional surveying and mapping/GIS services and such other related services as defined in specific Work Orders , in all phases of each project . SURVEYOR shall serve as COUNTY' s professional representative for the services as set forth in each Work Order, and shall give land surveying advice to COUNTY during the performance of the services to be rendered . SECTION I — PROJECT LIMITS Project limits shall be identified in individual Work Orders prepared by COUNTY and approved by SURVEYOR . Each Work Order will be sequentially numbered and formally approved by the County Community Development Director prior to a Notice4o- Proceed being issued . Basic services required of SURVEYOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders , SECTION II — COUNTY OBLIGATIONS 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 SURVEYOR with a copy of any pertinent preliminary data or reports available to COUNTY . Page I of 15 B . Provide SURVEYOR with all reasonably available drawings , surveys , right-of-way maps , and other documents in the possession of COUNTY that are pertinent to the project. C . Make all provisions for SURVEYOR to enter upon public or private property subsequent to initial provisions performed by SURVEYOR and as reasonably required for SURVEYOR to perform his services . D . Provide all title information and title opinion relating to land acquisition as applicable SECTION 111 — SCOPE OF SERVICES SURVEYOR agrees to perform all necessary professional surveying and mapping services and other pertinent services in connection with the assigned project as agreed to by the parties and as set forth in each Work Order and as set forth in the following : A . General 1 . SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed , SURVEYOR shall consult with COUNTY to clarify and define COUNTY' s requirements for the project and review all available data . 2 . In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement , 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) . SURVEYOR ' S work product shall conform with all applicable federal , state and local laws applicable to this project(s ) c. SURVEYOR shall cooperate fully with COUNTY and public in order that all phases of the work may be properly scheduled and coordinated . d . SURVEYOR understands that certain County AutoCAD ( Drawing ) standards are being adopted ; said standards shall be defined in individual work orders . e . SURVEYOR shall report the status of the project to the County Surveyor upon request and hold all drawings , electronic files , calculations , and related work open to the inspection of COUNTY at any time , upon reasonable request. 4 . Subject to the terms of Section XI , herein , all documents furnished to SURVEYOR by COUNTY pursuant to this Agreement, are and shall remain the property of COUNTY , and shall be delivered , upon request , to COUNTY upon completion of the work . All items Page 2 of 15 prepared by SURVEYOR shall be created , maintained , and provided in the format as specified by COUNTY in each individual Work Order. 5 . Compensation to SURVEYOR for basic services shall be in accordance with each Work Order, and shall be a lump sum as mutually agreed upon by SURVEYOR and COUNTY . Surveyor shall provide the completed cost summary form ( Exhibit A) for each Work Order . SECTION IV — PROCEDURE FOR SURVEY PRICE AND PRODUCTION TIME NEGOTIATION AND AWARD/DENIAL OF WORK ORDERS COUNTY and SURVEYOR agree that the procedure outlined in Exhibit B shall be followed in negotiation of surveying price and production time and award and denial of work orders . By entering into this agreement, SURVEYOR acknowledges that there is no guarantee that SURVEYOR will be provided with Work Orders for the Neighborhood Stabilization Program ( NSP) Community Development Block Grant ( CDBG ) . SECTION V — TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order . SECTION V1 — COMPENSATION COUNTY agrees to pay , and SURVEYOR agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following : A . Professional Services Fee - The basic compensation shall be mutually agreed upon by SURVEYOR and COUNTY prior to issuance of each Work Order , and shall be detailed in the completed cost summary form ( Exhibit A) for each Work Order. B . Direct Payment for Certain Services - COUNTY agrees to pay on a direct basis for services or goods provided by others working in conjunction with SURVEYOR , as follows : 1 . Printinq and Reproduction : COUNTY shall make direct payment to SURVEYOR for the cost of additional blueprints ( above the number requested in the work order) . The maximum cost allowed per blueprint , utilized shall be set forth in the Work Order . 2 . Concrete Monuments 3 . Others — as defined in individual Work Orders . SECTION VII — ADDITIONAL SERVICE WORK Additional service work occurs when COUNTY requests changes after it has formally approved a Work Order. Additional service work shall not commence until a Work Order for the additional work has been formally issued by the County Community Page 3 of 15 Development Director or his designee , and the additional service work shall be performed in accordance with the fee schedule set forth in that Work Order . SECTION VIII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED If the project scope is changed after a Work Order has been executed , such work for the changed project scope shall be the subject of a Supplemental Work Order formally approved by the Board of County Commissioners and executed by the SURVEYOR . SECTION IX — PAYMENTS COUNTY will make a lump sum payment for a survey once the survey has been completed and submitted to COUNTY and COUNTY has accepted the survey . Pay Requests. A. Once a survey has been completed and submitted to COUNTY and COUNTY has accepted the survey , a request for payment shall be submitted on the application for payment form supplied by COUNTY and the application for payment shall contain SURVEYOR ' S certification . SECTION X — RIGHT OF DECISIONS All services shall be performed by SURVEYOR to the satisfaction of the County Community Development Director or designee 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. 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 . Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the County Community Development Director or his designee . If SURVEYOR does not concur in the judgment of the County Community Development Director or his designee as to any decisions made by him or her, it shall present its written objections to the County Community Development Director and subsequently the Administrator of Indian River County , who shall make a decision , and SURVEYOR shall abide by the County Administrator' s decision , unless the decision is clearly arbitrary or unreasonable . SECTION XI — OWNERSHIP AND REUSE OF DOCUMENTS A . Ownership and Copyright: Ownership and copyright of all reports , tracings , plans , electronic files , specifications , field books , survey Page 4 of 15 information , maps , contract documents , and other data developed by SURVEYOR pursuant to this Agreement , shall be vested in COUNTY . Said materials shall be made available to COUNTY by SURVEYOR at any time upon request of 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 Community Development Director. Be Reuse of Documents : All documents , including but not limited to reports , drawings and specifications , prepared by SURVEYOR pursuant to this Agreement, are related exclusively to the services described herein . They are not intended or represented to be suitable for reuse by COUNTY or others on extensions of this project or on any other project . COUNTY' s reuse of any document or drawing shall be at COUNTY ' s own risk . COUNTY shall not hold SURVEYOR liable for any modifications made to the documents by others . SECTION XII — NOTICES Any notices , reports or other written communications from SURVEYOR to COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Community Development Director or designee . Any notices , reports or other communications from COUNTY to SURVEYOR shall be considered delivered when posted by certified mail to SURVEYOR at the last address left on file with COUNTY or delivered in -person to said SURVEYOR or its authorized representative . SECTION XIII — TERMINATION Termination (Cause and/or Convenience ) A . This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party , provided that no termination may be effected unless the other party is given ( 1 ) not less than ten ( 10) calendar days written notice (delivered by certified mail , return receipt requested ) of intent to terminate and (2 ) an opportunity for consultation with the terminating party prior to termination . Be This contract may be terminated in whole or in part in writing by COUNTY for its convenience , provided that SURVEYOR is afforded the same notice and consultation opportunity specified in (A) above . C . If termination for default is effected by COUNTY , an equitable adjustment in the price for this contract shall be made , but ( 1 ) no amount shall be allowed for anticipated profit on unperformed services or other work , and ( 2 ) any payment due to SURVEYOR at the time of termination Page 5 of 15 may be adjusted to cover any additional costs to COUNTY because of the contractor' s default. D . If termination for convenience is effected by COUNTY , the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice . E . For any termination , the equitable adjustment shall provide for payment to SURVEYOR for services rendered and expenses incurred prior to receipt of the notice of intent to terminate , in addition to termination settlement costs reasonably incurred by SURVEYOR relating to commitments ( e . g . , suppliers , subcontractors) which had become firm prior to receipt of the notice of intent to terminate . F . Upon receipt of a termination action under paragraphs (A) or ( B ) above , SURVEYOR shall ( 1 ) promptly discontinue all affected work ( unless the notice directs otherwise ) and ( 2 ) deliver or otherwise make available to COUNTY all data , drawings , reports specifications , summaries and other such information , as may have been accumulated by SURVEYOR in performing this contract , whether completed or in process . G . Upon termination , the COUNTY may take over the work and may award another party a contract to complete the work described in this contract. H . If, after termination for failure of the SURVEYOR to fulfill contractual obligations , it is determined that the SURVEYOR had not failed to fulfill contractual obligations , the termination shall be deemed to have been for the convenience of COUNTY . In such event , adjustment of the contract price shall be made as provided in paragraph ( c) above . SECTION XIV — SURVEYOR ' S PERSONNEL ASSIGNED TO THE PROJECT COUNTY shall have the right of approval of all SURVEYOR Is 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 XV — AUDIT RIGHTS COUNTY reserves the right to audit the project records of 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 . SECTION XVI — SUBLETTING SURVEYOR shall not sublet , assign , or transfer any work under this Agreement without the written consent of COUNTY . When applicable and upon receipt of such Page 6 of 15 consent in writing , 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 XVII — WARRANTY SURVEYOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for 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 SURVEYOR any fee , commission , percentage fee , gifts or any other considerations , contingent upon or resulting from the award or making of this Agreement. For SURVEYOR ' S breach of violation of this warranty , COUNTY shall have the right to annul this Agreement without liability . SECTION XVIII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for the duration of the County' s NSP CDBG agreement with the state ( approximately 2 years) , or until completion of all project phases as defined by the Community Development Director ( or Designee) , whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto , or terminated pursuant to Section XIII — " Termination . " This Agreement may be extended for two additional one year increments at the discretion of COUNTY . SECTION XIX— INSURANCE During the performance of the work covered by this Agreement, SURVEYOR shall provide COUNTY with evidence that SURVEYOR has obtained and maintains the insurance listed in the Agreement. A . 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 SURVEYOR , its agents , representatives , employees or subcontractors . The cost of such insurance shall be included in SURVEYOR 's fees . B . Minimum Scope of Insurance (for fees less than $500 , 000) : 1 . 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 . 2 . 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 . 3 . Auto Liability $500 , 000 combined single limit per accident for bodily injury and property damage . Coverage shall include owned Page 7 of 15 vehicles , hired vehicles , and non -owned vehicles . COUNTY shall be a " Designated Insured " on the insurance . 4 . Professional Liability Insurance providing coverage for negligent acts , errors , or omissions committed by SURVEYOR with a $ 500 , 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 . C . SURVEYOR ' s insurance coverage shall be primary . D . 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 . E . 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 . F . The insurance companies chosen shall provide certificates of insurance prior to signing of contracts , to the Indian River County Risk Management Department , G . 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 . H . 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 . I . 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 SURVEYOR . SECTION XX — INDEMNIFICATION SURVEYOR hereby agrees to indemnify , and hold harmless , COUNTY , and 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 COUNTY against any such claims and any judgments that may be entered in connection therewith , including reasonable attorneys ' fees . Page 8 of 15 SECTION XXI — SAFETY SURVEYOR shall be responsible for the safety of its employees and others arising from SURVEYOR' s operations . All projects shall follow proper safety procedures referencing the Florida Department of Transportation Safety Standards for Surveyors and as in accordance with generally accepted practices , SURVEYOR may report any observed job site safety violations by others to COUNTY . SURVEYOR shall not be responsible for or have control over safety precautions and programs by others who may be working at the job site . SECTION XXII — REMEDIES - CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida . Unless otherwise provided in this contract, all claims , counter-claims , disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration if the parties mutually agree or for any lawsuit brought by either party against the other party or otherwise arising out of this Contract the venue 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 XXIII - ACCESS TO RECORDS COUNTY , the Florida Department of Community Affairs , the U . S . Department of Housing and Urban Development, the Comptroller General of the United States , and any of their duly authorized representatives , shall have access to any books , documents , papers , and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination , excerpts , and transcriptions . SECTION XXIV - RETENTION OF RECORDS SURVEYOR shall retain all records relating to this contract for six years after the Department of Community Affairs has accepted the final closeout documents for the grant from COUNTY and all other pending matters are closed . SECTION XXV - ENVIRONMENTAL COMPLIANCE If this contract exceeds $ 100 , 000 , SURVEYOR shall comply with all applicable standards , orders , or requirements issued under section 306 of the Clean Air Act (42 U . S . C . 1857 ( h ) , section 508 of the Clean Water Act (33 U . S . C . 1368) , Executive Order 11738 , and U . S . Environmental Protection Agency regulations (40 C . F . R . Part 15) . SURVEYOR shall include this clause in any subcontracts over $ 100 , 000 , SECTION XXVI - ENERGY EFFICIENCY SURVEYOR shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in Page 9 of 15 compliance with the Energy Policy and Conservation Act ( Public Law 94- 163) . SECTION XXVII = ADJUSTMENT OF CONTRACT PRICE If a Truth -in- Negotiation certificate was required for this contract, the firm agrees that the original contract price and additions thereto shall be adjusted to exclude any significant sums by which it is determined the contract price was increased due to inaccurate , incomplete , or noncurrent wage rates and other factual unit costs . All such contract adjustments shall be made within one year following the end of the contract. SECTION XXVIII - CONFLICTS WITH OTHER CLAUSES If this contract contains any clauses which conflict with the clauses in Sections XIII , XXII , XXIII , XXIV , XXV , or XXVI , then this contract will be governed by the clause (s ) in these Sections of the contract. SECTION XXIX — 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 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 XXX — 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 #his 5 day of /J. (' R -- , 2010 ( SURVEYOR ) INDIAN RIVER COUNTY , FLORIDA B017XOUNTY COMMISSIONERS By IP /P78 % "I By Pri ddOL am Peter D . O ' Bryan , Chairm 01 Signa Attest: J . K. Barton , Clerk / By Title P S 4Nd e4 7 Deputy Clerk Page 10 of 15 Approved : J ph A . ird C my Administrator Approved as to form and legal sufficiency : Y Alan Po ackwich , County Attorney Page 1 I of 15 Exhibit A COST SUMMARY AND PROPOSED COMPLETION TIME FOR NEGOTIATED CONTRACTS (This form MUST be completed and returned to COUNTY by no later than 10 :00 a.m . following the day of receipt) GRANTEE : Indian River County GRANT NUMBER : # 10DB -4X- 10-40-01 -F 13 NAME AND ADDRESS OF SURVEYOR : ---- -- — DATE OF PROPOSAL : TYPE OF SERVICE TO BE FURNISHED : CDBG Surveying PROPOSED SURVEY COMPLETION TIME ( # OF DAYS ) : —_. -- .- -- _- -- - -- COST SUMMARY : DIRECT LABOR : Estimated hrs x hrly rate=estimated cost Estimated hrs x hourly rate = estimated cost DIRECT LABOR TOTAL : $ INDIRECT COSTS : Fringes , G & A , etc . , rate x base–cost Fringes G & A , etc rate x base = cost INDIRECT COST TOTAL : $ OTHER INDIRECT COST : Describe OTHER INDIRECT COST : $ TOTAL ESTIMATED COST: $ PROFIT : $ TOTAL PRICE : $ Page 12 of 15 Exhibit B PROCEDURE FOR SURVEY PRICE AND PRODUCTION TIME NEGOTIATION AND AWARD/DENIAL OF WORK ORDERS A total of seven (7) surveyors have been ranked and qualified by COUNTY to provide surveying services for COUNTY ' S Neighborhood Stabilization Program (NSP) Community Development Block Grant (CDBG ) . Those surveyors and their ranking are as follows : Final Ranking 1 . Carter Associates, Inc . 2 , Houston, Schulke, Bittle & Stoddard, Inc . 3 , David M . Jones, PSM 4 . William Mott Land Surveying, Inc . 5 , Masteller, Moler, Reed & Taylor, Inc . 6 . Indian River Survey , Inc . 7 . Caulfield & Wheeler, Inc . Surveying price and production time negotiation and award/denial of proposals shall be conducted on an individual residential lot basis as follows : I . Starting with the first lot to be surveyed, price and production time negotiation will commence with the number one ranked surveyor. if an acceptable price and production time is reached, that surveyor will be awarded the first work order. If an acceptable price and production time is not reached, negotiations will continue on to the second and third ranked surveyors and so on and so forth until a successful price and production time is negotiated. 2 . Price and production time negotiation for the second lot to be surveyed will commence with the next surveyor in the surveyor ranking immediately following the surveyor that was awarded a work order for the first lot surveyed . So, for instance, if the first work order was issued to the fifth ranked surveyor, price and production time negotiations for the second lot to be surveyed- will urveyedwill commence with the sixth ranked surveyor. This process will continue until all lots are surveyed for COUNTY ' S NSP CDBG . 3 . COUNTY shall initiate a price and production time negotiation by sending an e-mail to the appropriate surveyor utilizing the following e- mail addresses (or alternative e-mail address(es) as requested by the appropriate surveyor(s) in writing), other methods of contact may be used by COUNTY as necessary : Surveyor Contact Information Surveyor Contact Person E-mail Address Mailing Address, Phone, & Fax David E . Luethje, 1708 215` Street P . S . M . , Director of Vero Beach , FL 32960 Carter Associates, Inc . Phone : 772-562-4191 Survey/Principal Fax : 772- 562-7180 Stuart Houston, 1717 Indian River Blvd, Suite 101 Houston , Schulke , PresidentVero Beach , FL 32960 to . utij ,iti�, < < 1 � � IJst , uth_ i ; l Bittle & Stoddard , Inc . Phone : 772- 794- 1213 Fax : 772494- 1096 David M . Jones, 3899 39` Square Vero Beach , FL 32960 David M . Jones, PSM PSM rr inns ' ! 1 } Phone : 772-567-9875 Fax : 772- 567-9172 Jonathan M . Mott, 3716 North Wickham Rd . , Suite 3 William Mott Land P . S . M , President, J � , i � � � �� n , i , � t , au Melbourne, FL 32935 -2338 Surveying, Inc . Secret /Treasurer Phone : 321 - 751 -4444 Page 13 of 15 Fax : 321 - 751 -4445 David M . Taylor, 165527 lStreet, Suite 2 Masteller, Moler, Reed PSM , President . I 1, i , i3ili � � c1 Vero Beach , FL 32960 & Taylor, Inc . Phone: 772-564- 8050 Fax : 772494-0647 Steve Cartechine, LS 2455 14` Avenue Indian River Survey , Vero Beach , FL 32960 Phone : 772-569-7880 Inc . Fax : 772478m3617 David P . Lindley , 410 SE Port St. Lucie Blvd . Caulfield & Wheeler, P .L . S . , Vice Port St. Lucie, FL 34984 Inc . President Phone : 772408- 1920 Fax : 772-40& 1925 The COUNTY ' S price and production time negotiation e-mail shall be marked with High Importance (using Microsoft Outlook) and shall be titled "Request for Surveying Price and Production Time Proposal " and shall contain appropriate documents for the surveyor to provide a proposed price and production time, including a copy of the attached Exhibit A and the location of the subject property . 4 . The surveyor shall have until 10 :00 a. m . the following morning from the time that the e-mail is sent by COUNTY to complete the required form(s) listing proposed price and production time and to e- mail the completed form( s) back to COUNTY ( reply back to COUNTY ' s e-mail ) . Failure of the surveyor to e-mail requested information to COUNTY and/or failure of the surveyor to completely fill out the appropriate form(s) and return them to COUNTY in the required time period shall be grounds for discontinuing negotiations for price and production time for that specific lot . COUNTY ' s contact information is as follows : Contact Person E-mail Address & Mailing Address & Phone Fax Robert M . Keating, AICP hi �. nni _ n_ ii noc� � i � 1801 27` Street Community Development Director 772 2264246 Vero Beach , FL 32960 Sasan Rohani , AICP r�> h ini �r ire r � . rkiu Fax : 772 - 978 - 1806 Long Range Planning Chief 772-226- 1250 Bill Schutt, AICP 1 �5� 1ut11 � t_ir �.� � tni Senior Economic Development Planner 772-2264243 5 . COUNTY shall e- mail acceptance, request for modification, or denial of survey price and/or survey production time to the surveyor. a. If COUNTY proposes a request for modification to one or both the survey price and survey production time , COUNTY shall send an e-mail request for modification to the surveyor . That e-mail shall be titled "REQUEST for Modification of Surveying Price and Production Time Proposal " . Surveyor shall have until 10 :00 a.m . the following morning to e-mail a proposed modification to COUNTY (respond to COUNTY ' S e-mail) . Failure of the surveyor to e-mail an acceptable response to COUNTY and/or failure of the surveyor to completely fill out the appropriate form(s) and return them to COUNTY in the required time period shall be grounds for discontinuing negotiations for price and production time for that specific lot. COUNTY will thereafter commence price and production time negotiations with the next ranked surveyor. b . If COUNTY denies one or both the survey price and survey production time, COUNTY shall send an e-mail denial to the surveyor. That e-mail shall be titled "REJECTION of Surveying Price and Production Time Proposal " . Thereafter, COUNTY shall commence price and production time negotiations with the next ranked surveyor. Page 14 of 15 c . If COUNTY accepts the surveyor ' s price and production time proposal , COUNTY shall send an e-mail acceptance to the surveyor. That e-mail shall be titled "ACCEPTANCE of Surveying Price and Production Time Proposal " . 6 . Upon COUNTY acceptance of a surveying price and production time proposal , COUNTY shall proceed with issuing a Work Order. F :\Community Development\CDBG\2008 NSP\Contracts\Surveyors\Final Contracts\MS word Versions\Masteller Moler Reed Taylor - NSP Surveying Agreement. doc Page 15 of 15