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IRC Work Order # 14
Dale Wimbrow and Donald Macdonald Parks
Page 1 of 3
Board of County Commissioners
Administration - Building A (South)
180127th Street
Vero Beach , Florida 32960
Telephone : (772) 567-8000 FAX : 772-778 -9391
Project :
Dale Wimbrow and Donald MacDonald Parks - Indian River County
Boundary , Topographic Aerial Photogrammetric Survey
Indian River County Project 0957
WORK ORDER NO . 14 ( Engineering/Surveying )
FOR
PROFESSIONAL SERVICES AGREEMENT
ANNUAL SURVEYING and MAPPING /GIS SERVICES
WITH
Masteller, Moler , Reed & Taylor , Inc .
In accordance with Contract No . 0725 2009 -2010
This Work Order No . 14 is in accordance with the existing AGREEMENT dated November Wh
2009 between Masteller , Moler, Reed & Taylor , Inc . ( SURVEYOR ) and Indian River County
(COUNTY) . This Work Order No . 14 amends the agreement as follows :
SECTION I — PROJECT LIMITS
This Work Order No . 14 is for the SURVEYOR to perform surveying services of a Boundary and
Topographic Survey of County owned park lands lying along the north side of Roseland Road
and lying in Sections 22 , 23 , 28 and 29 of the Fleming Grant . The area of the property
is
approximately 74 acres . The subject lands to be surveyed are generally referred to as Dale
Wimbrow and Donald MacDonald Parks with Tax Identification #30- 38- 22- 00001 - 0010 - 00000 . 0
whose limits are described in Official Record Book 75 , Page 139 , Indian River County .
SECTION II - SCOPE OF SERVICES
As agreed upon between Masteller , Moler , Reed & Taylor , Inc . and Indian River County , the
SURVEYOR shall provide Professional Land Surveying services to complete all tasks as
outlined in this Work Order No . 14 described as follows :
1 . Scope of Services - Reference Attached EXHIBIT A. Proposal and Man- Hours
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IRC Work Order # 14
Dale Wimbrow and Donald Macdonald Parks
Page 2 of 3
SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT
1 . Project shall be completed as follows :
a . Time of FINAL project completion shall be within 90 calendar days of receipt of the
COUNTY review comments .
2 . Deliverables :
a. As defined in attached Scope of Services — Reference Attached EXHIBIT A .
Proposal and Man - Hours .
b. Work Product and digital versions are to prepared and submitted so that the
COUNTY or other consultants can readily use it for the design and analysis of the
area , as defined . It shall contain all information necessary for third - party surveyor to
independently recreate and/or utilize the survey work . It is acknowledged all final
products become property of COUNTY and will be available for use by the public at
large .
c. The SURVEYOR ' S work product shall meet or exceed the minimum standards as
defined by Sections II , III and IV or the COUNTY will not approve the SURVEYOR ' S
request for payment .
SECTION IV — COMPENSATION
The COUNTY agrees to pay , and the SURVEYOR agrees to accept , for the above described
services rendered as identified in Sections I , II , and III of this Work Order No . 14 for a total lump
sum fee of $ 36 , 560 . 00
All and/or any additional services not described hereon shall be pre - approved by the
COUNTY . Approved additional services shall be invoiced at the rates disclosed in the
approved fee schedule with the SURVEYOR for the contract year ( s ) of November 6th , 2009
through November 5th , 2010 .
All invoicing shall include project identification , Work Order No . (WO 14) , Contract Number
0725 , itemize man - hours and materials expended to complete the scope of services . Payments
shall be in accordance with the original Professional Surveying and Mapping/GIS Services
Agreement , contract No : 0725 with the COUNTY and as stated in Section II , III and IV hereon .
Remainder of page left blank intentionally
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IRC Work Order #14
Dale Wimbrow and Donald Macdonald Parks
Page 3 of 3
The AGREEMENT is hereby amended as specifically set forth herein . All remaining sections of
the AGREEMENT shall remain in full force and effect, and are incorporated herein .
IN WITNESS WHEREOF the parties hereto have executed these presents this 19th day
of January2ol0 .
OWNER Masteller, Moller, Reed & Taylor, Inc .
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
T
(Signature) U (Sighature)��
Peter D. O'Bryan ( Chairman )
(Printed name and title)
Masteller, Moller, Reed & Taylor, Inc .
Approved by BCC January 19 , 2010
ATTEST : Witnessed by :
Jeffrey K. Barton , Clerk of Circ It Court
Deputy Oi6rk (Signature)
Masteller, Moller, Reed & Taylor, Inc .
Approved as to orm an u &ty :
William G . Collins 11 , COUNTY Attorney (Printed name)
)oseph Baird , CO 'JISITYAdiffinistrator
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EXH I BIT A
�- - Masteller, Moler, Reed & Taylor, Inc.
1655 27th Street , Suite 2
Vero Beach , FL 32960
Phone : 772-564-8050
*,T Fax : 772-794 -0647
e- mail : mmrpsm@bellsouth . net
AGREEMENT FOR PROFESSIONAL SERVICES
PROJECT : Dale Wimbrow Park PHONE : Work - ( 772 ) 567-8000
CLIENT NAME : Indian River County - Michael O ' Brien PHONE : Fax - ( 772 ) 778- 9391
SITE 11805 Roseland Road MAILING 1801 27th Street
ADDRESS : Sebastian , FL 32958 ADDRESS : Vero Beach , FL 32960
Dale Wimbrow and Donald MacDonald Park - Indian River County Project #0957
Boundary and Topographic Survey
IRC Contract # 0725 - Masteller, Moler, Reed & Taylor Work Order # 14
MMRT , Inc . is pleased to provide you with this proposal for surveying services for the performance of a
Boundary and Topographic Survey of approximately 74 Acre County owned park lands lying along the north
side of Roseland Road and lying in Sections 22 , 23 , 28 and 29 of the Fleming Grant which includes the
following :
Park Property Description & Proiect limits :
The subject lands to be surveyed are generally referred to as Dale Wimbrow and Donald MacDonald Parks
with Tax Identification #30-38-22-00001 -0010- 00000 . 0 and is described in Official Record Book 75 , Page 139 ,
Indian River County Public Records .
Scope of Services :
Task 1 : Aerial Photography & Planimetrics :
1 . Establish horizontal and vertical control as necessary . Horizontal control shall be based upon the Florida
State Plane Coordinate System , East Zone , 1983/ 1990 Final adjustment and vertical datum shall be based
upon the National Geodetic Vertical Datum of 1929 ( NGVD ' 29 ) . Conversion to the North American Vertical
Datum of 1988 ( NAVD ' 88 ) shall be provided on the survey drawing .
2 . Obtain and coordinate with sub-consultant for performance of aerial photography . Establish locations for
aerial targets . Set targets and obtain horizontal and vertical location as necessary . MMRT is solely
responsible for work by sub-consultant , including invoicing , payments etc .
3 . The sub- consultant shall acquire new color aerial photography and produce planimetric and topographic
mapping with a one foot ( 1 ' ) contour interval for the site and produce an orthorectified image with a 0 . 5 '
ground pixel at a scale of 1 " = ' .
4 . Limits of planimetrics shall include project limits as defined above and shall extend a minimum of 100 '
beyond the property lines as well as entire Saint Sebastian River and Roseland Road right of way .
5 . Field tie from witness line to existing top of bank , edge of mangroves and edge of water to confirm data
provided by sub-consultant.
6 . Integrate data provided by sub- consultant with boundary, traverse witness line information as necessary .
Task 2 : Boundary and Topographic SurveV :
Boundary Survey:
7 . Perform a boundary survey per the description provided the County and Atlantic Title Company search .
Title search shall be provided by the County within 30 days of Notice to Proceed . All easements and
encumbrances identified by Title search shall be depicted on the survey drawing .
PTP/Contracts /3071 . doc
8 . Legal description shall be provided per record and survey . The description and boundary shall include all
calls to Sebastian River " safe upland line" as per directions provided on recorded legal description .
9 . Recover existing monumentation on and adjacent to the site for the establishment of section lines , right of
way and property lines as applicable . Recover and or re-establish/record Certified Record Corner report
for section corners called for in description or within property limits as required by Florida Statutes .
10 . Boundary corners for subject property shall be monumented with 4" by 4 " concrete monuments with IRC
survey disc stamped as agreed . Boundary survey shall depict complete ties to Roseland Road right of way
geometry extending a minimum of 100 ' in each direction of property lines .
11 . Traverse along the Sebastian River (northerly boundary) as necessary to create " Witness " line and
complete a closed traverse as required by Florida Minimum Technical Standards . Witness line shall be
monumented at key intervals with 4 " by 4 " concrete monuments with IRC survey disc stamped as agreed .
12 . Provide two sets of inter-visible pairs of control points at each site for future survey needs . Provide State
Plane coordinates all survey control and boundary corners with an accuracy of +/- 0 . 05' .
13 . Determine approximate Riparian right lines as applicable . Prepare Boundary survey and provide overall
survey sectional control map as separate sheet.
Topographic Survey :
14 . Topographic features and items within site , 10 ' along property lines . Locations shall be obtained along the
entire Roseland Road ( R/W to RM) extending a minimum 100' feet in both directions of property lines .
15 . All buildings , restrooms , pavilions , camp sites , docks , boat ramps , parking areas , utilities (above ground ) ,
utilities include water and sewer services ( hook-ups ) and/or facilities . Designate special needs , handicap
or group events sites .
16 . All Roads , paved or un - paved , trails , paths located and identified .
17 . Provide location of any river or navigational channel markers , either conventional or via Planimetrics .
18 . All signs and identification markers i . e . traffic signs and direction of travel , trails , Informational , camping ,
recreation etc . Signs are to be clearly identified by unique and separate symbol with descriptions upon the
survey and legend .
19 . Parking striping , markers including handicap designations .
Time of Completion and Deliverables :
20 . Time of 90 % review submittal shall be 90 calendar days from notice to proceed . Time of Final completion
shall be within 30 calendar days from receipt of County review comments .
21 . Deliverables are to include two sets of drawings , one with aerial photography and one without . The line
work with aerial photography shall be in a logistic color format to clearly identify individual lines and
purposes . A line legend (color) shall apply.
22 . Cover Sheet with standard project identifications , job/contract numbers , certifications , location map ( aerial
view) etc . Sheet shall include survey notes , all survey reference materials used , abbreviations , symbol/line
legend etc .
23 . Key/sheet map index sheet .
24 . Overall Survey Control , Sectional Control map sheet(s ) . Including Certified Corner Reports existing and/or
to be established as per this survey .
25 . Boundary and Topographic Survey sheet(s) .
26 . Detail or other sheets as applicable to clearly depict survey needs .
27 . Provide five copies with aerial photography and five copies without and a CD containing all data provided
by sub-consultant , the CAD file , DWF and PDF of the survey drawing .
Based upon the man hour estimate attached as Exhibit "A" we propose to perform the above described scope
of services for a lump sum fee of $ 11 , 267 . 50 for Task 1 and $25 , 292 . 50 for Task 2 .
i
I , the der igne gree t e terms of this Agreement .
�'u � 01 /04/2010
David'Taylor, Preside Date
Masteller, Moler, Reed & Taylor, Inc .
Page 2 of 2
EXHIBIT " A " - MAN-HOUR ESTIMATE
Dale Wimbrow and Donald MacDonald Parks - IRC Project # 0957
Boundary and Topographic Survey
Task Description Hours Rate Total
Establish horizontal and vertical control as necessary. Horizontal control
shall be based upon the Florida State Plane Coordinate System , East
1 Zone , 1983/ 1990 Final adjustment and vertical datum shall be based
upon the National Geodetic Vertical Datum of 1929 ( NGVD '29 ) .
Conversion to the North American Vertical Datum of 1988 ( NAVD ' 88 )
shall be provided on the survey drawing .
Project Manager - P . S . M . 2 $ 115 . 00 $230 . 00
Field Operations Supervisor 2 $95 . 00 $ 190 . 00
3-man Field Crew 20 $ 130 . 00 $2 , 600 . 00
Clerical 1 $45 . 00 $45 . 00
Task Sub-total $ 3 , 065 . 00
Obtain and coordinate with sub-consultant for performance of aerial
2 photography. Establish locations for aerial targets. Set targets and obtain
horizontal and vertical location as necessary .
Project Manager - P . S . M . 4 $ 115 . 00 $460 . 00
Field Operations Supervisor 1 $95 . 00 $95 . 00
2- Man Field Crew 8 $ 115 . 00 $ 920 . 00
Clerical 2 $45 . 00 $90 . 00
Task Sub-total $ 1 , 475 . 00
The sub-consultant shall acquire new color aerial photography and
314 produce planimetric and topographic mapping with a one foot ( 1 ' )
contour interval for the site and produce an orthorectified image with a
0 . 5' ground pixel at a scale of 1 " = 50 ' .
Project Manager - P . S . M . 2 $ 115 . 00 $230 . 00
Consultant Fee 1 $4 , 000 . 00 $4 , 000 . 00
Clerical 2 $45 . 00 $ 90 . 00
Task Sub-total $4 , 320 . 00
Field tie from witness line to existing top of bank , edge of mangroves
and edge of water to confirm data provided by sub-consultant . Verify
516 line work provided by consultant , including buildings , roads , trails , etc.
Integrate data provided by sub-consultant with boundary, traverse
witness line information as necessary .
Project Manager - P . S . M . 2 $ 115 . 00 $230 . 00
Field Operations Supervisor 2 $95 . 00 $ 190 . 00
2- Man Field Crew 16 $ 115 . 00 $ 1 , 840 . 00
Senior Survey Technician 8 $ 85 . 00 $ 680 . 00
Task Sub-total $2 , 940 . 00
Deliverables are to include two sets of drawings , one with aerial
photography and one without . The line work with aerial photography
20 to 27 shall be in a logistic color format to clearly indentify individual lines and
*" purposes . A line legend (color) shall apply . Provide five copies with
aerial photography and a CD containing all data provided by sub-
consultant , the CAD file , DW F and PDF of the survey drawing .
Project Manager - P . S . M . 2 $ 115 . 00 $230 . 00
EXHIBIT " A " - MAN-HOUR ESTIMATE
Dale Wimbrow and Donald MacDonald Parks - IRC Project # 0957
Boundary and Topographic Survey
Task Description Hours Rate Total
Senior Survey Technician 8 $85 . 00 $ 680 . 00
Clerical 2 $45 . 00 $ 90 . 00
Printing , including color sheets - square feet 150 $0 . 30 $45 . 00
Task Sub-total $ 1 , 000 . 00
Task 1 Total * $ 11 , 267 . 50
Perform a boundary survey per the description provided the County and
Atlantic Title Company search . All easements and encumbrances
718 identified by Title search shall be depicted on the survey drawing . Legal
description shall be provided per record and survey . The description and
boundary shall include all calls to Sebastian River "safe upland line" as
per directions provided on recorded legal description .
Project Manager - P . S . M . 4 $ 115 . 00 $460 . 00
Field Operations Supervisor 3 $95 . 00 $285 . 00
Senior Survey Technician 10 $85 . 00 $850 . 00
2- Man Field Crew 24 $ 115 . 00 $2 , 760 . 00
Task Sub-total $4 , 355 . 00
Recover existing monumentation on and adjacent to the site for the
establishment of section lines , right of way and property lines as
applicable . Recover and or re-establish/record Certified Record Corner
report for section corners called for in description or within property limits
899 , 10 as required by Florida Statutes . Boundary corners for subject property
shall be monumented with 4" by 4" concrete monuments with IRC survey
disc stamped as agreed . Boundary survey shall depict complete ties to
Roseland Road right of way geometry extending a minimum of 100 ' in
each direction of property lines .
Project Manager - P . S . M . 1 $ 115 . 00 $ 115 . 00
Field Operations Supervisor 3 $95 . 00 $ 285 . 00
2- Man Field Crew 24 $ 115 . 00 $2 , 760 . 00
Monuments 5 $ 11 . 00 $ 55 . 00
Task Sub-total $31160 . 00
Traverse along the Sebastian River ( northerly boundary ) as necessary to
create "Witness" line and complete a closed traverse as required by
11 Florida Minimum Technical Standards . Witness line shall be
monumented at key intervals with 4" by 4" concrete monuments with IRC
survey disc stamped as agreed .
Project Manager - P . S . M . 2 $ 115 . 00 $ 230 . 00
Field Operations Supervisor 4 $95 . 00 $ 380 . 00
2- Man Field Crew 64 $ 115 . 00 $7 , 360 . 00
Monuments 6 $ 11 . 00 $ 66 . 00
Task Sub-total $7 , 970 . 00
Provide two sets of inter-visible pairs of control points at each site for
12 future survey needs . Provide State Plane coordinates all survey control
and boundary corners with an accuracy of +/- 0 . 05' .
EXHIBIT " A " - MAN-HOUR ESTIMATE
Dale Wimbrow and Donald MacDonald Parks - IRC Project # 0957
Boundary and Topographic Survey
Task Description Hours Rate Total
Project Manager - P . S . M . 1 $ 115 . 00 $ 115 . 00
Field Operations Supervisor 1 $95 . 00 $95 . 00
2- Man Field Crew 7 $ 115 . 00 $805 . 00
Task Sub-total $ 1 , 015 . 00
Determine approximate Riparian right lines as applicable . Prepare
13 Boundary survey and provide overall survey sectional control map as
separate sheet .
Project Manager - P . S . M . 2 $ 115 . 00 $ 230 . 00
Senior Survey Technician 8 $85 . 00 $ 680 . 00
Task Sub-total $ 910 . 00
14 Topographic features and items within site , 10 ' along property lines .
Locations shall be obtained along the entire Roseland Road ( R/W to
R/W ) extending a minimum 100 ' feet in both directions of property lines .
Project Manager - P . S . M . 1 $ 115 . 00 $ 115 . 00
Field Operations Supervisor 1 $95 . 00 $95 . 00
2- Man Field Crew 8 $ 115 . 00 $920 . 00
Task Sub-total $ 1 , 130 . 00
All buildings, restrooms , pavilions , camp sites, docks , boat ramps ,
parking areas , utilities (above ground ), utilities include water and sewer
15 , 16 services ( hook-ups ) and/or facilities . Designate special needs , handicap
or group events sites . All Roads , paved or un-paved , trails , paths located
and identified .
Project Manager - P . S . M . 1 $ 115 . 00 $ 115 . 00
Field Operations Supervisor 2 $95 . 00 $ 190 . 00
2- Man Field Crew 12 $ 115 . 00 $ 1 , 380 . 00
Task Sub-total $ 1 , 685 . 00
Provide location of any river or navigational channel markers , either
conventional or via Planimetrics . All signs and identification markers LE
17 , 18 , 19 traffic signs and direction of travel , trails , Informational , camping ,
recreation etc . Signs are to be clearly identified by unique and separate
symbol with descriptions upon the survey and legend . Parking striping ,
markers including handicap designations
Project Manager - P . S . M . 1 $ 115 . 00 $ 115 . 00
Field Operations Supervisor 1 $95 . 00 $ 95 . 00
2- Man Field Crew 8 $ 115 . 00 $920 . 00
Task Sub-total $ 1 , 130 . 00
EXHIBIT " A " - MAN-HOUR ESTIMATE
Dale Wimbrow and Donald MacDonald Parks - IRC Project #0957
Boundary and Topographic Survey
Task Description Hours Rate Total
Deliverables are to include two sets of drawings , one with aerial
photography and one without . The line work with aerial photography
shall be in a logistic color format to clearly indentify individual lines and
purposes . A line legend (color) shall apply . Cover Sheet with standard
project identifications , job/contract numbers , certifications , location map
(aerial view) etc . Sheet shall include survey notes , all survey reference
20 to 27 materials used , abbreviations, symbol /line legend etc . Key/sheet map
index sheet . Overall Survey Control , Sectional Control map sheet(s) .
Including Certified Corner Reports existing and/or to be established as
per this survey . Boundary & Topographic Survey sheet(s) . Detail or
other sheets as applicable to clearly depict survey needs . Provide five
copies with aerial photography and five copies without and a CD
containing all data provided by sub-consultant , the CAD file , DWF and
PDF of the survey drawing .
Project Manager - P . S . M . 2 $ 115 . 00 $ 230 . 00
Senior Survey Technician 24 $85 . 00 $2 , 040 . 00
Clerical 3 $45 . 00 $ 135 . 00
Printing , including color sheets - square feet 50 $0 . 30 $ 15 . 00
Task Sub-total $2 , 405 . 00
Task 2 Total * $ 25 , 292 . 50
Total Cost $ 36 , 560 . 00
* Note: Task 1 and Task 2 totals each include half of item 1
* * Deliverable items as applicable to Task 1
December 8, 2009
David Taylor
Masteller, Moler, Reed & Taylor, Inc .
1655 27th Street, Suite 2
Vero Beach , FL 32960
RE : Dale Wimbrow and Donald MacDonald Parks
Pickett # 16067
Dear Mr . Taylor :
This is in response to your request for a proposal from Pickett & Associates, Inc . ( Pickett ) to
provide professional and mapping services in connection with the above referenced project .
For purposes of this agreement, Masteller, Moler, Reed & Taylor, Inc . will be referred to as the
CLIENT . The subject property contains approximately 75 acres and is identified on Exhibit A and
attached hereto and made part of this agreement . As requested , listed below are the fees
associated with this project :
Photogrammetric Mapping
• Acquire new color aerial photography and produce planimetric and topographic
mapping with a 1 ' contour interval for the site .
• Produce an orthorectified image with a 0 . 5 ' ground pixel .
• Deliverables will be in ACAD and of/tfw digital formats .
For these services we propose a lump sum fee of Four Thousand Dollars ($4,000 . 00) .
Mapping work shall meet or exceed the Florida Minimum Technical Standards requirements as
set forth in Rule 61G17 . Planimetric features visible and identifiable on the photography will be
shown per map scale standards . Contours in partially obscured areas will be dashed and
accuracy standards will not apply in these areas . Areas totally obscured will be left blank and
designated as such . It is our understanding that the CLIENT will supply the necessary ground
control . It is recognized that this site is heavily vegetated and will require extensive ground
verification and supplementation .
4
As a condition of this Agreement, CLIENT agrees to accept Pickett' s "Terms and Conditions of
Agreement" attached hereto as Attachment " B" and made part of this agreement .
If the preceding items are satisfactory to you , please indicate the authorized tasks and sign the
following as your agreement to its content . Receipt of a signed copy of this agreement will
serve as our notice to proceed .
Sincerely,
PICKETT & ASSOCIATES, INC .
T . Jeffrey Young, PSM , CP
Vice President, Director of Photogrammetry
Enclosures : Attachment " B"
Exhibit "A"
b
Accepted � / Date :
N �
ATTACHMENT " B"
PICKETT & ASSOCIATES. INC.
TERMS AND CONDITIONS OF AGREEMENT
This engagement of Pickett & Associates, Inc . , ( Pickett ), by CLIENT is under the following terms and
conditions and is an integral part of the accepted Proposal between CLIENT and Pickett .
1 . The fee estimate for the proposed scope of services is valid for 60 days from the date of
proposal .
2 . Payment to Pickett is the sole responsibility of signatory of this Agreement and is not
subject to third party agreements .
3 . All schedules set forth in the attached scope of services commence upon receipt of a
signed Agreement and , if requested, a retainer. All retainer amounts will be applied to
the last invoice .
4 . Requests for additional services must be authorized in writing before additional work
can begin . Any fee adjustment required will be established at that time .
5 . Invoices will be rendered biweekly and become due upon receipt . Any invoice
outstanding for more than 30 days after date of invoice will be subject to a financing
charge of 1- 1/2 percent per month . Invoices will be rendered on a Pickett standard
form . Special formats requested by the CLIENT may require additional compensation .
6 . Pickett shall be entitled to collect its costs and reasonable attorney's fees incurred in the
collection of any amounts due it hereunder including all costs and reasonable attorney ' s
fees incurred in any litigation resulting from the collection or enforcement of any of the
terms of this contract .
7 . Invoice payments must be kept current for work to continue . If the CLIENT fails to pay
any invoice due to Pickett within 45 days of the date of invoice, Pickett may, without
waiving any other claim or right against CLIENT, suspend services under this Agreement
until Pickett has been paid in full all amounts due Pickett and/or any of its consultants
and subcontractors . All payments due Pickett under this contract are to be made at
Pickett ' s business located at 475 South First Avenue, Bartow, Polk County, Florida .
Except as Pickett elects otherwise, venue for any proceedings brought under the terms
of this contract will be in Polk County, Florida .
8 . Pickett agrees to carry the following insurance during the term of this Agreement :
workmen ' s compensation , general liability, professional liability and comprehensive
automobile liability . Certificates of insurance will be furnished upon request . If the
CLIENT requires insurance coverage or limits in excess of Pickett normal policies, and it
is available, CLIENT agrees to reimburse Pickett for such additional expense .
. . .. . .
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9 . The CLIENT shall, at all times, indemnify and save harmless Pickett and its officers,
agents, and employees on account of any claims, damages, losses, litigation, expenses,
counsel fees, and compensation arising out of any claims, damages personal injuries,
property losses and/or economic damages sustained by or alleged to have been
sustained by any person or entity, and caused in whole or in part by the acts, omissions
or negligence of the CLIENT, its agents, employees, or subcontractors in connection with
the project .
10 . For any damage on account of any error, omission or other professional negligence,
Pickett liability will be limited to a sum not to exceed $ 50, 000 or the fee received under
this Agreement less third - party costs, whichever is greater.
11 . Pickett shall not be responsible for failure to perform or for delays in the performance of
work, which arises out of causes beyond the control and without the fault or negligence
of Pickett .
12 . All documents including drawings, digital files and specifications prepared by Pickett
pursuant to this Agreement are instruments of service in respect to the project . They
are not intended or represented to be suitable for reuse by the CLIENT on extensions of
the project or on any other project . Any reuse without written verification or
adaptation by Pickett for the specific purpose intended will be at the CLIENT' s sole risk
and without liability or legal exposure to Pickett; and the CLIENT, or whoever shall reuse
said documents, shall indemnify and hold harmless Pickett from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting there from .
Any such verification or adaptation will entitle Pickett to additional compensation at
rates to be agreed upon by Pickett and the person or entity seeking to reuse said
documents .
13 . In entering into this Agreement, CLIENT has relied only upon the warranties or
representation ( a ) set forth in this Agreement; or ( b) implied in law . No oral warranties,
representations or statements shall be considered a part of this Agreement or a basis
upon which the CLIENT relied in entering into this Agreement . No statements,
representations, warranties, or understandings, unless contained herein, exist between
CLIENT and Pickett .
14 . In the event that any survey staking is destroyed by acts of nature or parties other than
Pickett, the cost of re -staking shall be considered as additional services and will be
provided upon authorization by the CLIENT.
15 . In the event all or any portion of the work prepared or partially prepared by Pickett is
suspended , abandoned , or terminated , the CLIENT shall pay Pickett all fees, charges,
and services provided for the project, not to exceed any contract limit specified herein .
16 . Pickett ' s services under this agreement do not include participation in any litigation .
Pickett agrees to serve as an expert witness provided that a separate contract is
negotiated and agreed upon .
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