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HomeMy WebLinkAbout2005-291 Mow Ile r Department _ � . Agreement No . 0387 AGREEMENT BETWEEN INDIAN RIVER COUNTY AND FLODIRDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR NAVD88 SURVEY VERTICAL CONTROL NETWORK DENSIFICATION THIS AGREEMENT is made and entered into by and between the INDIAN RIVER COUNTY , A public corporation of the State of Florida whose address is 1840 25th Street , Vero Beach , FL 32960-3394 , herein after referred to as the " COUNTY, " and FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION , an Agency of the State of Florida , whose address is 3900 Commonwealth Boulevard , Tallahassee , Florida 32399-3000 , hereinafter referred to as the " FDEP " . WITNESSETH : WHEREAS , the COUNTY desires to engage the FDEP to perform all task related to the densification of the existing North American Vertical Datum of 1988 ( NAVD88 ) vertical control network in accordance with current National Geodetic Survey procedures , hereinafter referred to as the " PROJECT" ; and WHEREAS , the FDEP represents that is possesses the requisite skills , knowledge , expertise and resources and agrees to provide the desired services to the COUNTY ; and WHEREAS , the COUNTY and the FDEP have agreed on the type and extent of services to be rendered by the FDEP and the amount and method of compensation to be paid by the COUNTY to the FDEP for services rendered . NOW THEREFORE , the COUNTY and the FDEP , in consideration of the mutual terms , covenants and conditions set forth herein , agree as follows : 1 . INDEPENDENT CONTRACTOR . The FDEP will perform as an Independent Contractor and not as an employee , representative or agent of the COUNTY . 2 . PROJECT MANAGER AND NOTICES . Each party hereby designates the employee set forth below as its respective Project Manager, Project Managers will assist with PROJECT coordination and will be each party' s prime contact person . Notices and reports will be sent to the attention of each party' s Project Manager by U . S . mail , postage paid , to the parties ' addresses as ser forth in the introductory paragraph of this Agreement . Project Manager for the COUNTY : Michael O ' Brien , P . S . M . Project Manager for the FDEP : Randy Harrell , P . S . M . Page 1 of 6 2 . 1 The COUNTY' S Project Manager is hereby authorized to approve requests to extend a PROJECT task deadline set forth in the Agreement . Such approval must be in writing , explain the reason for the extension and be signed by the Project manager and his or her Department Director, or Deputy Executive Director if the Department Director is the Project Manager. The COUNTY' S Project Manager is not authorized to approve any time extension which will result in an increased cost to the COUNTY or which will exceed the expiration date set forth in Paragraph 5 , Contract Period . 2 . 2 The COUNTY' S Project Manager is authorized to adjust a line item amount of the Project Budget set forth in Exhibit " B " . The adjustment must be in writing , explain the reason for the adjustment , and be signed by the Project Manager, his. or her Department Director and Deputy Executive Director. The COUNTY' S Project Manager is not authorized to make changes to the Scope of Work and is not authorized to approve any increase in the not-to- exceed amount set forth in the compensation section this agreement . 3 . SCOPE OF WORK . Upon receipt of written notice to proceed from the COUNTY , the FDEP agrees to perform the services necessary to complete the PROJECT in accordance with the Scope of work set forth in Exhibit "A" . Any changes to this Scope of Work and associated costs must be mutually agreed to in a formal amendment approved by the COUNTY governing Board and the FDEP prior to being performed by the FDEP , subject to the provisions of Paragraph 4 , Compensation , 4 . COMPENSATION . For satisfactory completion of all contractual requirements , the COUNTY agrees to pay the FDEP an amount not to exceed One Hundred Eighty Eight Thousand Three Hundred Eighty Five Dollars ($ 188 , 385 ) . Payment will be made to the FDEP in accordance with the Budget set forth in Exhibit " B " and the Florida Prompt Payment Act , Park VII of Chapter 218 , Florida Statues ( F . S . ) , upon receipt of a properly documented invoice . Invoices will be submitted upon completion of the PROJECT by the FDEP to the COUNTY at the following address : Accounts Payable Section Indian River County Engineering Division 1840 25th Street Vero Beach , FL 32960-3394 4 . 1 The not exceed amount of $ 188 , 385 includes any travel expenses which may be authorized under this Agreement . Page 2 of 6 4 . 2 Each FDEP Invoice must include the following certification , and FDEP hereby agrees to delegate authority to its Project Manager to affirm said certification : " I hereby certify that the costs requested for payment , as represented in this invoice , are directly related to the performance under the NAVD88 Survey Vertical Control Network Densification agreement between Indian River County and the Florida Department of Environmental Protection (Agreement No . 0387 ) , are allowable , allocable , properly documented and are in accordance with the approved project budget . " 4 . 3 The COUNTY' S performance and payment pursuant to this Agreement is contingent upon the COUNTY' S Governing Board appropriating funds for the PROJECT . 5 , CONTRACT PERIOD . This Agreement will be effective upon execution by all parties and will remain in effect through September 30 , 2006 , unless terminated , pursuant to Paragraph 4 . 3 above or Paragraphs 11 or 12 below , or amended in writing by the parties . 6 . PROJECT RECORDS AND DOCUMENTS . Each Party , upon request , will permit the other party to examine or audit all PROJECT related records and documents during or following completion of the PROJECT . Each party will maintain all such records and documents for at least 3 years following completion of the PROJECT . All records and documents generated or received by either party in relation to the PROJECT are subject to the Public Records Act, Chapter 119 , F . S . 7 , OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS All documents , including reports , drawings , estimates , programs , manuals , specifications , and all goods or products , including intellectual property and rights thereto , purchased under this Agreement with COUNTY funds or developed in connection with this Agreement will be and will remain the property of the COUNTY . 8 . REPORTING . The FDEP will provide the COUNTY with any and all reports , models , studies , maps or other documents resulting from the PROJECT . 9 , LIABILITY . Each party hereto agrees to indemnify and hold the other harmless , to the extent allowed under Section 768 . 28 , F . S . , from all claims , loss , damage and expense including attorney' s fees on appeal arising from the negligent acts or omissions of its officers , employees , contractors and agents related to its performance under this Agreement . 10 . INSURANCE REQUIREMENT . The FDEP is a public corporation/political subdivision of the State of Florida and is insured under the Florida Casualty Insurance Risk Management Trust Fund ( FUND) for general liability , vehicle liability and workers ' compensation . The COUNTY' S Project Manager must confirm that a copy of the FDEP ' s certificate of insurance from the FUND is maintained in the COUNTY' S contract file . 11 . DEFAULT . Either party may terminate this Agreement upon the other party' s failure to comply with any term or condition of this Agreement , as long as the termination party is no in default of any term or condition of this Agreement . To initiate termination , the terminating party must provide the defaulting party with written " Notice of Termination " stating its intent to terminate and describe all terms and conditions with which the defaulting party has failed to comply . If the defaulting party has not remedied its default within thirty (30 ) days after receiving the Notice of Termination , this Agreement will automatically terminate . Page 3of6 12 . TERMINATION WITHOUT CAUSE . This Agreement may be terminated by the COUNTY without cause upon ten ( 10 ) days written notice with the FDEP . Termination is effective upon the tenth ( 10th ) day as counted from date of written notice . In the event of termination under this paragraph , the FDEP will be entitled to compensation for all services provided to the COUNTY up to the date of termination on a pro- rated basis and which are within the Scope of Work in Exhibit "A , " are documented in the Budget, and are allowed under this Agreement . 13 , RELEASE OF INFORMATION . The parties agree not to initiate any oral or written media interviews or issue press releases on or about the PROJECT without providing advance copies to the other party . This provision will not be construed as preventing the parties from complying with the public records disclosure laws set forth in Chapter 119 , F . S . 14 . ASSIGNMENT . Neither party may assign or transfer its rights or obligations under this Agreement , including any operation or maintenance duties related to the PROJECT , without the prior written consent of the other party . 15 . LAW COMPLIANCE . Each party will comply with all applicable federal , state and local laws , rules , regulations and guidelines , related to performance under this Agreement . 16 . VENUE AND APPLICABLE LAW . All claims , counterclaims , disputes and other matters in question between the parties to this Agreement , arising out of or relating to the Agreement or the breach of it will be decided in accordance with the laws of the State of Florida and by a court of competent jurisdiction within the State of Florida and Venue will lie in the County of Indian River. 17 . REMEDIES . Unless specifically waived by the COUNTY , the FDEP ' s failure to timely comply with any obligation in this Agreement will be deemed a breach of this Agreement and the expenses and costs incurred by the COUNTY , including attorneys fees and cost on appeal . , due to said beach will be borne by the FDEP . Additionally , the COUNTY will not be limited by the above but may avail itself of any and all remedies under Florida law for any breach of this Agreement . The COUNTY' S waiver of any of the FDEP ' s obligations will not be construed as the COUNTY' S waiver of any other obligations of the FDEP . 18 . SUBCONTRACTORS . Nothing in this Agreement will be construed to create , or be implied to create , any relationship between the COUNTY and any subcontractor of the FDEP . 19 . DISADVANTAGED BUSINESS ENTERPRISES The COUNTY expects the FDEP to make good faith efforts to ensure that disadvantaged business enterprises , which are qualified under either federal or state laws , have the maximum practicable opportunity to participate in contracting opportunities under this Agreement . Invoice documentation submitted to the COUNTY under this Agreement must include information relating to the amount of Expenditures made to disadvantaged businesses by the FDEP in relation to this Agreement ; to the extent the FDEP maintains such information . 20 . PUBLIC ENITY CRIMES . Pursuant to Subsections 287 . 133 (2 ) and (3 ) , F . S . , a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid , proposal , or reply on a contract to provide any goods or services to a public entity; may not submit a bid , proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work ; may not submit Page 4 of 6 bids , proposals , or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess or the threshold amount provided in Section 287 . 017 , F . S . , for Category Two , for a period of 36 months following the dated of being placed on the convicted vendor list . FDEP agrees to include this provisions in all subcontracts issued as a result of this Agreement . 21 . DISCRIMNATION . Pursuant to Subsection 287 . 134 (2 )(a ) , F . S . , an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid , proposal , or reply on a contract to provide any goods or services to a public entity ; may not submit a bid , proposal , or reply on a contract with a public entity for the construction or repair of a public building or public work ; may not submit bids , proposals , or leases of real property to a public entity ; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. FDEP agrees to include this provision in all subcontracts issued as a result of this Agreement . 22 . THIRD PARTY BENEFICIARIES . Nothing in this Agreement will be construed to benefit any person or entity not a party to this Agreement . 23 . MODIFCATIONS . This Agreement and the attached exhibits listed below constitute the entire agreement between the parties and may be amended only in writing , signed by all parties to this Agreement . 24 . DOCUMENTS . The following documents are attached and made a part of this Agreement . In the event of a conflict of contract terminology, priority will first be given to the language in the body of this Agreement , then to Exhibit "A , " then to Exhibit " B , " Exhibit "A" — Scope of Work Exhibit " B " — Cost break down estimate . The remainder of this page left blank intentionally . Page 5 of 6 IN WITNESS WHEREOF , the parties hereto , or their lawful representatives , have executed this Agreement on the day and year set forth next to their signatures below. INDIAN RIVER COUNTY By : Board of County gommissioners Indian River County, Florida _ 08 - 23 - 2005 (Thomas S. Lowler, Chairman ) Date ATTEST : Jeffrey K . Barton Clerk of Circuit Court ( Deputy Clerk ) . GSA Date Approved as to Form and Leval Sufficienc T : Nilliai, G 1116II , County Attorney) Date sbph . Mrd , County Administrator) Date r FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ADivisi 4State ec r Date nds APPRO ED AS TO FO M AND LEGALITY + 105 FDEP ATTO EY Date AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR NAVD88 SURVEY VERTICAL CONTROL NETWORK DENSIFICATION Page 6 of 6 EXHIBIT "A " SCOPE OF WORK 1 . PROJECT PURPOSE The intent of this PROJECT is to densify the existing North American Vertical Datum of 1988 ( NAVD88) vertical control network in accordance with current National Geodetic Survey procedures . All data will be made part of the National Spatial Reference System and the network will serve as the basis for future elevation surveys done by the COUNTY . 2 . PROJECT LOCATION The area to be surveyed is defined on Attachment "A" — PROJECT Area 3 . PROJECT SPEICFICATIONS To accomplish the PROJECT the FDEP is responsible for the satisfactory completion of the following : 3 . 1 Level Lines Establish approximately 117 miles of 2nd Order level Lines and re-establish approximately 84 miles of 2nd Order level Lines within Indian River County as itemized under Exhibit " B " — Budget , resulting in approximately 244 bench marks . Spacing of monuments shall be at approximately one-mile intervals . New monuments shall be readily accessible and optimally place for longevity . 3 . 2 NGS Coordination and Standards Coordinate all work with the NGS State Representative . All work products will be in conformance with " Standards and Specifications for Geodetic Control Networks " , September 1984 , Federal Geodetic Control Committee , Bossier, Chairman , Rockville , Maryland . All data will be submitted to the NGS in accordance with the " Input Format and Specifications of the National Geodetic Survey Data Base , Volume II , Vertical Data " , September 1994 , Reprinted November 1998 , Federal Geodetic Data Committee , Silver Spring , MD , Page 1 of 2 PROJECT DELIVERABLES 3 . 3 Survey Documentation Survey documentation meeting the specifications defined in Section 3 . 2 herein , are to be submitted to NGS for final processing and publishing . The COUNTY is to be notified in writing upon delivery of these documents to the NGS . 3 . 4 NGVD29 Datum : Preliminary un-adjusted elevations all benchmarks established shall also be supplied in NGVD29 vertical datum in the form of spreadsheet and or electronic file . The NGVD29 datum shall be the result of physical NGVD29 occupation in the course of the level runs as indicate heron . It is understood by the County , the said adjusted NGVD29 vertical datum shall be supplied in a fixed format and will not be submitted to NGS in for recording or considerations . 3 . 5 Bench Mark Location Information Latitude and longitude coordinates and designation of Second Order Classification for each monument that is recovered or established shall be provided to the COUNTY . Coordinates shall be used for location purposes only and shall be accurate to within 10 meters . These data will be delivered to the COUNTY as an Environmental Systems Research Institute ( ESRI ) Shapefile in Decimal Degrees , or as a comma delimited text file with coordinated in Decimal Degrees . 4. PROJECT SCHEDULE All field surveys and data processing shall be completed and the results delivered to the National Geodetic Survey ( NGS ) within 300 days of receipt of a Notice to Proceed from the COUNTY . The COUNTY shall be notified in writing upon the delivery of the survey results to the Nationa Geodetic Survey . The remainder of this page left blank intentionally . Page 2 of 2 Florida Department of Environmental Protection , Bureau of Survey and Mapping INDIAN RIVER COUNTY - 2nd Order Class I Vertical Level Lines Approximately 117 miles of new level lines AND , 3 MW ON 84 miles of re-leveling old existing level lines Note : approximately 402 miles total - foreward and back ( 117 + 84 = 201 x2 = 402 miles) THIS INCLUDES : (1 ) INSTALL OR RECOVER APPROXIMATELY 33 CLASS "B" BENCHMARKS, EXAMPLE: STAINLESS STEEL ROD MARK DRIVEN TO REFUSAL (2) INSTALL OR RECOVER APPROXIMATELY 127 CLASS "C" BENCHMARKS, EXAMPLE : POURED CONCRETE MONUMENT (42' DEEP X 12' DIA. , BELLIED) (3) RECOVER / SEARCH FOR APPROXIMATELY 84 EXISTING BENCHMARKS TO BE USED FOR 2nd ORDER TIE AND/OR TO CONNECT TO EXISTING 2nd ORDER LEVEL LINES IN-ROUTE (4) DESCRIBING, TYPING AND PLOTTING ON QUAD MAPS ALL BENCHMARKS (5) SUBMITTING ALL DATA TO NGS FOR BLUE BOOKING IN THE NATIONAL VERTICAL NETWORK (6) TRAVEL TIME, DOWN TIME (RAIN, ETC. ) TRANSPORTATION, PER DIEM, SALARY & BENEFITS FIELD AND OFFICE EMPLOYEES COST FIELD / SUPERVISION $22,243 FIELD / RECON $ 19,346 FIELD / INSTALLING BENCHMARKS $399556 FIELD / DESCRIBING ALL BENCHMARKS $ 18 , 172 FIELD / LEVELING $ 166,428 OFFICE / SUPERVISION $ 129028 OFFICE / COLLECTING, QA AND PROCESSING DATA $ 16 ,088 OFFICE / SUPPORT $ 19 ,707 MATERIALS / S.S. RODS, CONCRETE, WP POSTS , CAPS, ETC. $25,864 SUB-TOTAL $339,432 REPAIRS AND REPLACEMENT OF EQUIPMENT (5% OF SUB-TOTAL) $ 16,972 OVERHEAD ( ;% OF SUB-TOTAL) $20,366 TOTAL $376,770 FDEP PART OF THIS PROJECT - 500/6 OF TOTAL $ 188,385 INDIAN RIVER COUNTY PART OF THIS PROJECT - 50% OF TOTAL $ 18$ ,385 Randy Harrell 6/23/2005 Ex D Indian River County 2nd order - March 2005 cost only 5% . xis