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HomeMy WebLinkAbout2007-371 Page 1 of 13 r-7 2007-2008 Agreement (x Continuing Professional Surveying/GIS Contract -37 ) INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROJECT #0725 PROFESSIONAL SURVEYING & MAPPING/GIS SERVICES AGREEMENT FOR ANNUAL SURVEYING & MAPPING/GIS SERVICES 2007-2008 THIS AGREEMENT, entered into this b� day of 2007 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida , hereinafter referred to as the "COUNTY" , and Woolpert, INC. 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/GIS services by the SURVEYOR, and the payment for those services by the 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. The SURVEYOR shall provide the 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. The SURVEYOR shall serve as the COUNTY's professional representative for the services as set forth in each Work Order, and shall give land surveying advice to the 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 the COUNTY and approved by the SURVEYOR . Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice-to-Proceed being issued . Basic services required of the SURVEYOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders. 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. F:\Engineering\Capital Projects\0725- 2007 Annual Prof survey Contract\Agreements\0725- 07-08 Woolpen AGREEMENT mob 2007.doc 2007-2008 Agreement Page 2 of I Continuing Professional Surveying/GIS Contract C . The COUNTY shall make all provisions for the SURVEYOR to enter upon public or private property subsequent to initial provisions performed by the SURVEYOR and as reasonably required for the SURVEYOR to perform his services . D . The COUNTY shall provide all title information and title opinion relating to land acquisition as applicable E . The COUNTY shall provide property appraisal information for areas of potential acquisition as applicable . F . The COUNTY shall supply the SURVEYOR with copies of all applicable local codes and regulations . 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 agreed to by the parties and as set forth in each Work Order and as set forth in the following : A. General 1 . The SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed , the SURVEYOR shall consult with the COUNTY to clarify 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 and as defined in each Work Order. 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 and PUBLIC in order that all phases of the work may be properly scheduled and coordinated . d . The SURVEYOR shall contact the Sunshine State One Call of Florida ("SSOCOF" ) to locate the utilities, and SURVEYOR shall be entitled to rely on information provided by SSOCOF . SURVEYOR shall survey all above-ground structures , and utilities on the final plans . F :\Engineering\Capital Projects\0725- 2007 Annual Prof. Survey Contract\Agreements\0725- 07-08 Woolpert AGREEMENT mob 2007.doc 2007-2008 Agreement Page 3 of 13 Continuing Professional Surveying/GIS Contract e . The SURVEYOR understands that certain County AutoCAD ( Drawing) standards are being adopted ; said standards shall be defined in individual work orders . f. The 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 the COUNTY at any time , upon reasonable request. 4 . Subject to the terms of Section X herein , all documents furnished to the SURVEYOR by the COUNTY pursuant to this Agreement, is and shall remain the property of the COUNTY, and shall be delivered , upon request, to the COUNTY upon completion of the work. All items prepared by the SURVEYOR shall be created , maintained , and provided in the format as specified by the COUNTY in each individual Work Order. 5 . Compensation to the SURVEYOR for basic services shall be in accordance with each Work Order, as mutually agreed upon by the SURVEYOR and the COUNTY. Schedule of current hourly billing rates are included in "Exhibit A" attached, and will be included as part of each Work Order when approved . SECTION IV — TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION V — COMPENSATION The COUNTY agrees to pay, and the 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 the SURVEYOR and the COUNTY prior to issuance of each Work Order, and the amount shall be included in the Work Order to be formally approved by the Board of County Commissioners. B . Direct Payment for Certain Services - The COUNTY agrees to pay on a direct basis for services or goods provided by others working in conjunction with the SURVEYOR , as follows : 1 . Printing and Reproduction : The COUNTY shall make direct payment to the SURVEYOR for the cost of additional blueprints . 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 . F:TngineeringTapital Projects10725- 2007 Annual Prof. Survey Contrac&Agreements10725- 07-08 Woolpert AGREEMENT mob 2007.doc 2007-2008 Agreement Page 4 of 13 Continuing Professional Surveying/GIS Contract SECTION VI — ADDITIONAL SERVICE WORK Additional service work occurs when the 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 Public Works Director or his designee, and formally approved by the Board of County Commissioners , and the additional service work shall be performed in accordance with the fee schedule set forth in that Work Order. SECTION VII — 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. [REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY] F:\Engineering\Capital Projects\0725- 2007 Annual Prof. Survey Contract\Agreements\0725- 07-08 Woolpert AGREEMENT mob 2007.doc 2007-2008 Agreement Page 5 of 13 Continuing Professional Surveying/GIS Contract SECTION VIII — PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act (F . S . 218. 70) to the SURVEYOR as provided for in the Work Order. A ten percent ( 10% ) retainage shall be withheld by the COUNTY until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to the County by SURVEYOR in writing , County shall retain five percent (5 %) of the payment amount due to Surveyor until final completion and acceptance of all work to be performed by SURVEYOR under the Contract Documents . Pursuant to Florida Statutes section 218 . 735(8)( b) , fifty percent (50% ) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the Surveying services work purchased under the Contract Documents , together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents . Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by COUNTY and the application for payment shall contain the SURVEYOR'S certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established , or in the case of unit price work based on the number of units completed . After fifty percent (50% ) completion , and pursuant to Florida Statutes section 218 . 735(8)(d), the SURVEYOR may submit a pay request to the County for up to one half ( 1 /2) of the retainage held by the County, and the County shall promptly make payment to the SURVEYOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255. 05(2005) ; or otherwise the subject of a claim or demand by the County or the SURVEYOR. The SURVEYOR acknowledges that where such retainage is attributable to the labor, services , or materials supplied by one or more subcontractors or suppliers , the SURVEYOR shall timely remit payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735 (8)(c)(2005) , SURVEYOR further acknowledges and agrees that: 1 ) the County shall receive immediate written notice of all decisions made by SURVEYOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion ; and 2 ) SURVEYOR will not seek release from the County of the withheld retainage until the final pay request . 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 or designee , prior to payment. F:\EngineeringWapital Projects\0725- 2007 Annual Prof Survey Contract Agreements\0725- 07-08 Woolpert AGREEMENT mob 2007.doc 2007-2008 Agreement Page 6 of 13 Continuing Professional Surveying/GIS Contract SECTION IX — RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Public Works 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. 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 . 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 Surveyor. If the SURVEYOR does not concur in the judgment of the County Surveyor as to any decisions made by him or her, it shall present its written objections to the County Public Works Director and subsequently the 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 , electronic files , 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 County Surveyor. B . Reuse of Documents : All documents, including but not limited to reports , drawings and specifications , prepared by the 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 the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR liable for any modifications made to the documents by others . 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 or designee . 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. F :\Engineering\Capital Projects10725- 2007 Annual Prof. &urvey Contract\Agreements\0725- 07-08 Woolpert AGREEMENT mob 2007.doc Page 7 of 13 2007-2008 Agreement Continuing Professional Surveying/GIS Contract 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 project 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. 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 resulting from the award or making of this Agreement. For the SURVEYOR'S breach of 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 two years after the date of execution thereof, or until completion of all project phases as defined by the County Surveyor (or Designee ) , whichever occurs first , or unless otherwise terminated by mutual consent of the parties hereto , or terminated pursuant to Section XII — "Termination . " This Agreement may be extended for two additional one year increments at the discretion of the COUNTY . F:\Engineering\Capital Projects10725- 2007 Annual Prof. Survey Contract\Agreements\0725- 07-08 Woolpert AGREEMENT mob 2007.doc Page 8 of 13 2007-2008 Agreement Continuing Professional Surveying/GIS Contract 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 ) : A. 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 . B . 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 . C. Auto Liability $500, 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 a "Designated Insured" on the insurance . D . 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 . 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 . 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. F:\Engineering\Capital Projects\0725- 2007 Annual Prof. Survey Contract\Agreements\0725- 07-08 Woolpert AGREEMENT mob 2007.doc 2007-2008 Agreement Page 4 of 13 Continuing Professional Surveying/GIS Contract 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 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 , the SURVEYOR may report any observed job site safety violations by others to the 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 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 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. F:1EngineeringlCapital Projects10725- 2007 Annual Prof Survey ContractlAgreements10725- 07-08 Woolpert AGREEMENT mob 2007.doc 2007-2008 Agreement Page 10 of 13 Continuing Professional Surveying/GIS Contract 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 WITNE S W EREOF the parties hereto have executed these presents this 6t day of , 2007 Woolpert, INC INDIAN RIVER COUNTY , FLORIDA BOARD OF COUNTY CO . SIONERS BY: BY,: T omas ochty, PS GaiyC. heeler, , Chairman itle : Semor Vice P esi t Approved by ATTEST : " _, . ; KC C . C . Jeffrey K. Barton Clerk of Circuit Court BY : DEPUTY CLERK OF COURT JSEPH . BAR NTY MINI TRAIAM G . COLLI S, COUNTY ATTORNEY C:\WINNT\Temporary Internet Files\OLK70\0725- 07-03ONoolpert AGREEMENT mob 2007.doc 2007-2008 Agreement Page 11 of 13 Continuing Professional Surveying/GIS Contract EXHIBIT A Surveying Service Line 2007 Hourly Rate Schedule 4Y001PERT P rpaxed for: Indian River County WooLPERT. INC. CLASSIFICATION Rate ftJi3Camaea�l. Se 115 G ' FYai MITBW' Project Manager S130.00 W-3 r rlw Project Surcevor S110.00 Survey Technician $85.00 Fu:47.241155 CADD Technician $75.00 Field Cre r (One-Person l $80.00 Field Corm (Two-Person) $ 13500 Field Crew (Three-Person) $ 165.00 H.Tzmat or Confined Space Trained Creta Additional S I OAtour per person Clerical 550.00 Survey Equipment Rate Lase: Scanning System $ 100 UrutfAovs ( Yrs DAV minimum) Air Vacuum Excavation Truck S60tHour (.'/_ Day Minimum) Ground Penetrating Radar (GPR) S%Hour ('1, Day Minimum) C:\WINNT\Temporary Internet Files\OLK70\0725- 07-081u%oolpert AGREEMENT mob 2007.doc 2007-2008 Agreement Page 12 of 13 Continuing Professional Surveying/GIS Contract PH Billing Rates 2007 WDOLMT Category __ Rates wooLPERT, 1Nc. Project Director $201 11315GWre18BW. Ste18 Project Manager $156 04&, nodda 32817-8340 407ae1.2192. Phase Far'. 407.3849185 Manager/Supervisor $1t2 wxw wcaMrn com - Pilot $106 Senior Technician $8Q Technician $59 . _ . . . .. . . . . . . . . . . ... . ..... . . .. C: \WINNT\Temporary Internet Files\OLK70\0725- 07-092+Voolpert AGREEMENT mob 2007.doc Page 13 of 13 2007-2008 Agreement Continuing Professional Surveying/GIS Contract GI11T Billing Rates Category 2007 Rates W001PERT GI Group Manager $180 WOOL-PERT, INC. GI Project Manager $170 11318 Ca ate Blvd. S;e 115 01 %02 n817F40 GI Phase Manager $110 47.331.210 Fm, 407384.1185 Sr. GI System Designer _ $168 Iwo , G! System Designer $125 Sr. GI Programmer/Database Analyst $ 150 Gl Programmer/Database Analyst $114 GI Technical Writer $89 Sr. GI Technician $85 - GI .Technician _ - $65 - On-site GI Staff, Junior $95 On-site G1 Technical Specialist $ 116 C : \WINNT\Temporary Intemet Files\OLK70\0725- 07-0a Voolpert AGREEMENT mob 2007. doc