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INDIAN RIVER COUNTY �
PUBLIC WORKS DEPARTMENT
PROJECT #03400 O
PROFESSIONAL SERVICES MASTER AGREEMENT
RIGHT- OF-WAY ACQUISITION SERVICES
THIS AGREEMENT , entered into this 2nd day of Septebmer , 2003 by and between
INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to
as the " COUNTY" , and AMERICAN ACQUISITION GROUP , INC . , 5600 W . Mariner Street,
Ste 104 , Tampa, FL . 33609, hereinafter referred to as the " CONSULTANT" .
WITNESSETH
That the COUNTY and the CONSULTANT, in consideration of their mutual covenants ,
herein agree with respect to the performance of professional Right- of- Way acquisition services
by the CONSULTANT , and the payment for those services by the COUNTY, as set forth below
and in additional individual Work Orders . This agreement shall be referred to as the "MASTER
AGREEMENT " under which future Work Orders will apply. The contract scope of work is to
provide right-of-way acquisition services for the unincorporated Indian River County area where
Public Works projects are proposed . The CONSULTANT ' S work may include but not be limited
to , appraisals, appraisal review, acquisition services , legal services , title work, closings ,
relocation, business damages , negotiations , and documentation .
The CONSULTANT shall provide the COUNTY with professional services and such
other related services as defined in specific Work Orders , in all phases of each project in an
efficient and cost effective manner. The CONSULTANT shall serve as the COUNTY ' s
professional representative for the project as set forth in each Work Order, and shall
give
professional 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 CONSULTANT . 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 CONSULTANT for the project will be described in other
appropriate sections of this Agreement and in individual Work Orders .
I
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SECTION II — COUNTY OBLIGATIONS 8/20/03PWDjwdwkd
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 CONSULTANT with a copy of any pertinent data or reports available
to the COUNTY including parcel sketches , legal descriptions , and project file and
drawings .
B . Provide the CONSULTANT with all reasonably available drawings , surveys ,
right - of-way maps , and other documents in the possession of the COUNTY that
are pertinent to the project .
C . The COUNTY shall make all provisions for the CONSULTANT to enter upon
public or private property as reasonably required for the CONSULTANT to
perform his services , if possible .
D . The COUNTY will promptly execute all completed documents necessary to
expedite the acquisition of any land made necessary by the project .
E . The COUNTY shall provide all title information and title opinion relating to land
necessary for the project , however, the CONSULTANT may be requested to
update or assist in title work .
F . The COUNTY may provide property appraisal information for areas of potential
acquisition , if not included in the Work Order.
G . The COUNTY shall provide the CONSULTANT with copies of property surveys ,
property plats , and legal descriptions for easements and land to be acquired for the
project .
H . The COUNTY shall supply the CONSULTANT with copies of all applicable
local codes and regulations , upon request .
SECTION III — SCOPE OF SERVICES
The CONSULTANT agrees to perform all necessary professional land acquisition
services , and other pertinent services in connection with the assigned project as required and as
set forth in the following :
A . General
1 . The CONSULTANT will endeavor not to duplicate any previous work
done on any project . Before issuance of a Work Order and written
authorization to proceed, the CONSULTANT shall consult with the
COUNTY to clarify and define the COUNTY ' S requirements for the
project and review all available data.
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2 . The CONSULTANT shall attend conferences with the COUNTY and its
representatives , upon request.
3 . In order to accomplish the work described under this Agreement under the
time frames and conditions set forth in this Agreement, the
CONSULTANT shall :
a . Complete work on the project within the time allowed by
maintaining an adequate staff of right-of-way specialists ,
appraisers , and other employees on the Work at all times .
b . Comply with all federal , state, and local laws applicable to this
project( s) . The CONSULTANT ' S work product shall conform
with all applicable federal , state and local laws applicable to this
project(s) .
c . The CONSULTANT shall cooperate frilly with the COUNTY in
order that all phases of the work may be properly scheduled and
coordinated .
d . The CONSULTANT shall report the status of this project to the
Public Works Director upon request and hold all work open to
the inspection of the Director or his authorized agent at any time ,
upon reasonable request .
4 . The CONSULTANT shall furnish to the COUNTY the necessary number
of sets of documents , and other pertinent items as set forth in individual
Work Orders . The cost of these sets of documents are included in the
basic compensation paid to the CONSULTANT . All original documents ,
including all items furnished to the CONSULTANT by the COUNTY
pursuant to this Agreement, are and shall remain the property of the
COUNTY , and shall be delivered to the COUNTY upon completion of the
work . All items prepared by the CONSULTANT shall be created ,
maintained, updated, and provided in the format as specified by the
COUNTY .
5 . LEGAL SERVICES : Consultant shall be responsible for all suit styling,
filing, pre- Order of Taking meetings , hearings , Order of Takings , pre -
mediation, mediations , trial preparation, and trials . This is an all inclusive
description of the legal procedures which infers CONSULTANT is
responsible for any and all , but not limited to , necessary legalese ,
preparation , hearings , negotiations , document preparation and court entry .
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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 CONSULTANT 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 CONSULTANT 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
CONSULTANT, as follows :
1 . Printing and Reproduction : The COUNTY shall make direct payment of
$ . 03 /page to the CONSULTANT for the cost of printing .
2 . Overnight Delivery: The COUNTY shall pay $ 15 /package (standard
estimated lump sum amount) for overnight delivery.
3 . Bills for any allowable travel expenses shall be submitted in accordance
with F . S . 112 . 061 . The COUNTY will not pay the CONSULTANT for
travel between the CONSULTANT ' S office and the COUNTY
administration building or between the CONSULTANT ' S office and the
project site .
SECTION VI — ADDITIONAL SERVICE WORK
Additional service work occurs when the COUNTY requests changes after it has formally
approved this Agreement . Additional service work shall not commence until a Work Order for
the additional work has been formally issued by the 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 . If hourly rate
payment is approved by the COUNTY , the rates shall be in accordance with the Hourly Rate
Chart attached to this AGREEMENT as Exhibit "A " .
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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 shall be
the subject of a Supplemental Work Order formally approved by the Board of County
Commissioners .
SECTION VIII - PAYMENTS
The COUNTY shall make monthly partial payments to the CONSULTANT as provided
for in the Work Order.
Unless otherwise stated in the Work Order, the CONSULTANT shall submit duly
certified invoices in triplicate to the Public Works Director or his designee .
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 Public Works Director or his designee, prior to payment .
SECTION IX — RIGHT OF DECISIONS
All services shall be performed by the CONSULTANT to the satisfaction of the Public
Works Director who shall decide all questions , difficulties , and disputes of whatever nature that
may arise under or by reason of this Agreement , according to the prosecution and fulfillment of
the service hereunder, and the character, quality, amount and value thereof. The Director ' 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 Public Works Director. If the CONSULTANT does not concur in the judgment
of the Public Works Director as to any decisions made by him or her, it shall present its written
objections to the County Administrator of Indian River County, who shall make a decision , and
the CONSULTANT shall abide by the County Administrator 3 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 , appraisals , maps , contract documents , and other data developed by the
CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY .
Said materials shall be made available to the COUNTY by the CONSULTANT at
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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 Public Works Director.
B . Reuse of Documents : All documents , including but not limited to reports and
drawings , prepared by the CONSULTANT 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
CONSULTANT liable for any modifications made to the documents by others .
SECTION XI — NOTICES
Any notices , reports or other written communications from the CONSULTANT to the
COUNTY shall be considered delivered when posted by certified mail or delivered in person to
the Public Works Director. Any notices , reports or other communications from the COUNTY to
the CONSULTANT, shall be considered delivered when posted by certified mail to the
CONSULTANT at the last address left on file with the COUNTY or delivered in-person to said
CONSULTANT or its authorized representative .
SECTION XII — TERMINATION
Either party may terminate this Agreement upon seven (7) days written notice to the other
party, except if the CONSULTANT terminates this Agreement , such termination shall not be
effective , absent the COUNTY ' S consent , until the CONSULTANT ' S completion to the
COUNTY ' S satisfaction, of any pending Work Order .
SECTION XIII — CONSULTANT ' S PERSONNEL ASSIGNED TO THE PROJECT
The COUNTY shall have the right of approval of all CONSULTANT 'S personnel
assigned to any COUNTY project . Therefore , any subsequent changing of assigned personnel to
any COUNTY project shall also be subject to COUNTY approval . Failure to adhere to this
policy shall be considered a cause for contract termination .
SECTION XIV - AUDIT RIGHTS
The COUNTY reserves the right to audit the records of the CONSULTANT 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 .
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SECTION XV — SUBLETTING
The CONSULTANT 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 CONSULTANT shall cause the names of the individuals or 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 CONSULTANT warrants that it has not employed or retained any company or
person other than a bona fide employee working solely for the CONSULTANT , 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 CONSULTANT any fee , commission ,
percentage fee , gifts or any other considerations , contingent upon or resulting from the award or
making of this Agreement . For the CONSULTANT ' 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 Public
Works Director, 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 years at the discretion of the COUNTY .
SECTION XVIII — INSURANCE
Prior to the performance of the work covered by this Agreement, the CONSULTANT
shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains
the insurance coverages listed in the Agreement .
1 . CONSULTANT 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
CONSULTANT, its agents , representatives , employees or subcontractors . The
cost of such insurance shall be included in the CONSULTANT ' S fee .
[The below Insurance Requirements are for CONSULTANT Fees more than
$ 25 , 000 and less than $500 , 0001
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2 . Minimum Scope of Insurance : 8/20/03 P W Dj wdwkd
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 $ 1 , 000 , 000 combined single limit per accident for
bodily injury and property damage . Coverage shall include
owned vehicles , hired vehicles , and non- owned vehicles .
COUNTY shall be named an "Additional Insured" on the
certificate of insurance .
D . Professional Liability Insurance providing coverage for negligent
acts , errors , or omissions committed by CONSULTANT with a
limit of $ 1 , 000 , 000 per claim/annual aggregate . This insurance
shall extend coverage to loss of interest, earning, profit, use and
business interruption, cost of replacement power, and other
special , indirect, and consequential damages .
3 . CONSULTANT '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 shall be occurrence forms , not claims -made
policies .
6 . The insurance companies chosen shall provide certificates of insurance prior to
signing of contracts , to the Indian River County Risk Management Department .
7 . Each insurance company shall provide the Indian River County Risk Management
Department with a certificate of insurance that states that the insurance company
will provide 30 days notice to the Risk Management Department , of its intent to
modify or cancel said policies of insurance . Such notice shall be in writing by
registered mail , return receipt requested , and addressed to the Risk Manager of the
Risk Management Department .
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8 . The CONSULTANT shall include all sub - contractors as insureds 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 CONSULTANT .
SECTION XIX - INDEMNIFICATION
CONSULTANT 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 CONSULTANT , or of CONSULTANT ' S officers , employees ,
or agents , and CONSULTANT shall indemnify the COUNTY against any such claims and any
judgments that may be entered in connection therewith, including reasonable attorneys ' fees .
SECTION XX — SAFETY
The Contractor is solely responsible for safety of his work .
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 — INDISPENSABLE PARTIES TO THE CONTRACT
The COUNTY entered into this Agreement with the CONSULTANT in part , because the
CONSULTANT included certain individuals in its Project Team . These individuals are
considered indispensable parties to this Agreement . Therefore , if any of the parties listed below
are removed from the active Project Team for any reason without the COUNTY ' s written
permission, the COUNTY has the right to terminate this Agreement without liability.
Indispensable Parties are :
1 . D . Wade Brown
2 . Katherine Maxwell
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3 . Michael Dayger
4 . Richard Vickers , P . A .
Specific Project involvement by particular key members of the CONSULTANT ' S Project Team
may be set forth in the pertinent Work Order . Because the CONSULTANT identified these
individuals as Key Team Members in its written response to the COUNTY ' S original Request
for Qualifications , the personal participation by these individuals in the tasks set forth in the
pertinent Work Order is required . If any of these individuals fail to fully participate in the
designated task without the COUNTY ' S written permission, the COUNTY may terminate this
Agreement without liability.
SECTION XXIII — CONCURRENCE AS TO PROJECT OBJECTIVES
The COUNTY and the CONSULTANT agree to the following Project Objectives :
A . Acquisition of needed land by the County for Public Works projects .
B . Acquisition of temporary construction easements or permanent easements , as
required .
SECTION XXIV — 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 XXV 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 .
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IN WITNESS WHEREOF the parties hereto have executed these presents this 2nd
day of September 22003 ,
AMERICAN ACQUISITION GROUP, INC BOARD OF COUNTY COMMISSIONERS
1708 215f STREET INDIAN IVER COUNTY, FLORIDA
VERO BEACH, FL , 32960
B
Roberta S . Scodius Kenneth . Mac t, Chairman
Title : President Board of County Commissioners
Approved by the BCC : 09 - 02 - 2003
WITN SS : ATTEST : '
fOrJeffrey K . Barton
WITNESS : Clerk of the Court
BY :
De uty Clerk Of Court
J es E . Chandler, County Administrator
Approved as to form and legal sufficiency:
County Attorney
Indian River - ' nnrnved Date
Administration
Budget
Co . Attorney #, 2
Risk Management
Department g v3
Division
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EXHIBIT ..A. .
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INDIAN RIVER COUNTY HOURLY RATE CHART
The following are AAGI rates for each discipline in the acquisition process , calculated over 2 years to
reflect annual increases of 3 % for cost of living and. merit raises . The rates are " blended or average " rates
for each person described below , to amicably account for whoever is assigned to the actual task
assigned . The rates listed below are loaded rates calculated by the actual rates for each person , plus our
audited overhead rate of 169 . 50 % , plus a profit margin of 15 % , which represents a normal rate of return
charged to our other governmental clients . Out of Pocket Expenses are explained below and will be
charged in addition to the hourly rate, if required
Director/Principal 2003 2004
D . Wade Brown $ 140 . 00 $ 144 . 20
Proiect Manager
Michael Dayger $ 111 . 00 $ 114 . 33
Kathy Maxwell
Sr. Acquisition /Relocation Agent
Pamela A. Taylor $ 87 . 00 $ 89 . 61
Pamela V . Barrett
Christopher S . Scodius
Paul West
Acquisition /Relocation Agent
R . Matthew Riggs $ 75 . 00 $ 77 . 25
Steve G . Daniels
Donald Lynch
Thur W . Young
Joe Corsi
Clerical
Barbara J . Fox $ 46 . 00 $ 47 . 38
Appraiser
K. Mitchell Caldwell $ 125 . 00 $ 128 . 75
John Rickenbacher
Victor J . Scodius
Attornev *
Richard Vickers , PA $ 132 . 00 $ 135 . 96
Business Damage Expert $ 125 . 00/hr
* These are rates for these particular services that have been accepted by the FDOT as reasonable
Out of Pocket Expenses
Auto $0 . 29/mile
Overnight Delivery $ 15/package (standard estimated lump sum amount )
Reproduction $0 . 03/page
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INDIAN RIVER COUNTY
PUBLIC WORKS DEPARTMENT
PROJECT #03400
RIGHT- OF-WAY ACQUISITION SERVICES
WORK ORDER No , 1 TO THE
PROFESSIONAL SERVICES MASTER AGREEMENT
BETWEEN AMERICAN ACQUISITION GROUP, INC . , AND
INDIAN RIVER COUNTY, FLORIDA
DATED SEPTEMBER 2 , 2003
41ST STREET AND CR512 RIGHT- OF-WAY
Pursuant to the Professional Services Master Agreement - (MASTER
AGREEMENT) dated Sept ; -- 2 2003by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, hereinafter referred to as
the COUNTY, and American Acquisition Group , Inc . , Tampa, Florida, hereinafter
referred to as the CONSULTANT , this WORK ORDER No . 1 is an extension of
and hereby becomes a part of the MASTER AGREEMENT as follows :
SECTION I - PROJECT LIMITS AND DESCRIPTION
This Work Order is for the acquisition of six right-of-way parcels , two of which are the
Ronald Ansin parcel and the Thomas Hamilton parcel along CR512 , and the remaining four are
the Delisle Property, Nofi - Coultas Property, Willie Wilson Property, and Indian River Industrial
Center Property parcels along 41 " Street in Indian River County, Fl . The CONSULTANT ' S
work will include but may not be limited to appraisals , appraisal review, negotiations , suit
preparation, and legal services . A more detailed scope is provided in Section III .
SECTION II - COUNTY OBLIGATIONS
The COUNTY will review and comment on the CONSULTANT 'S work in a timely
fashion . The County obligations are listed in the MASTER AGREEMENT .
SECTION III — SCOPE OF SERVICES
A . Pu ose The CONSULTANT shall perform all services necessary to acquire the six
parcels of real estate .
Elements of work shall include acquisition services , parcel related property
management, litigation document production and litigation support services as
applicable .
Services will include appraisal and appraisal review functions . The CONSULTANT
may not be responsible for monitoring asbestos survey abatement and any demolition
work .
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B . Definitions
a , County: Indian River County, Fl .
b . Consultant : American Acquisition Group , Inc .
c . County Project Manager and Public Works Director: James W . Davis , P . E . ,
Public Works Director
d . Consultant Project Manager : The CONSULTANT' S staff member responsible for
providing technical supervision and guidance with overall responsibility and
authority to make decisions regarding tasks required of the Consultant : Michael
A . Dayger, D . Wade Brwvn .
e . Parcel or Package : Any tract, permanent easement, or continuous tracts of land in
the same ownership , whether such tract or tracts consist of one or more platted
lots or a fractional part thereof. A package may consist of one or more parcels as
described by the appraiser. For the purposes of the Agreement , a fee parcel or
package , which is accompanied by a temporary or permanent easement , shall be
considered one parcel or package .
f. " Order of Taking " Hearing : A granting of title by a circuit court to the property
needed for a County road facility.
C . Provisions for Work
a . Specific Requirements
1 . All services shall be performed in accordance with the laws of Florida and
federal requirements for County property acquisition .
2 . CONSULTANT personnel will be expected , if possible, to conduct work
in person in the project area . Travel expenses to Indian River County and
the project site are included in Basic Services . Regardless of the
CONSULTANT 'S office location, the CONSULTANT MUST provide
telephone access for owners , tenants , and other parties directly impacted
by the project . This can be accomplished through local services to any
established field office, or accepting long distance collect calls , and/or
establishing a toll - free telephone number at a headquarters office .
3 , Compensation to the CONSULTANT for certain miscellaneous and direct
out of pocket expenses are provided for in Section V of the Master
Agreement .
4 , The CONSULTANT shall make available any person employed by the
CONSULTANT for work on this project in any capacity to testify in any
eminent domain proceeding when requested by the COUNTY through the
CONSULTANT .
5 • CONSULTANT shall comply with the COUNTY' S invoicing system such
that all amounts billed to the COUNTY can be related to the activity
and/or parcel involved .
6 . The CONSULTANT Project Manager shall attend meetings , public
hearings , and consult with local officials as requested by the COUNTY or
the CONSULTANT .
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7 , The Consultant Project Manager or his or her designee shall be available
for project decisions during normal business hours . Consultant personnel
shall be present during all business hours (8 : 00 a . m . to 5 : 00 p . m . Monday
— Friday) ; so that at least one employee is available in the office at all
times . This excludes holidays observed by the County.
8 . Consultant shall prepare a response to the County Project Manager for all
audits and/or quality assurance reviews , if requested .
9. Consultant shall provide written requests and supporting evidence for any
documents needing changes (ex : name changes , death, transfer of title,
etc . ) . These requests shall be directed to the appropriate department
through the County Project Manager. The Consultant will be responsible
for completing all updated title searches prior to closing or submission of
suit .
10. The Consultant shall be responsible for notifying the County in writing
that an Outdoor Advertising sign(s) (ODA) need(s) to be purchased or
moved . This notification should be directed to the County Project
Manager as soon as possible .
11 . The Consultant shall provide written certification to the County that all
policies , procedures , and statutes were followed .
12 . Consultant shall call to the County's attention any errors or deficiencies
noted in information provided by others to assist, to the practicable extent ,
the County in the identification and resolution of same . Information
referred to above, includes , but is not limited to , right- of-way maps ,
drawings , legal descriptions , sketches , title reports , title information ,
construction plans , and the like including all other information to be
provided to Consultant by others and necessary for the execution of
Consultant's work under the Agreement . Consultant shall be entitled to
rely upon that information which may be provided by the County or others
on behalf of the County, as being full , true, accurate and correct , and
therefore , Consultant shall have no liability for the accuracy and
correctness of such information . It is the County's intention, however, to
hold Consultant fully responsible for verifying and obtaining information
concerning the status of title that is available to Consultant during on- site
inspections of the individual parcels , and to the extent practicable
verifying documents and information provided by the County and
identifying obvious deficiencies concerning same . The Consultant agrees
to incorporate the provisions of this paragraph in any subcontract into
which it might enter with reference to the work performed under this
Agreement . The Consultant agrees to incorporate the provisions of this
paragraph in any subcontract into which it might enter with reference to
the work performed under this Agreement . The Consultant shall have full
liability for any information provided by any of their consultants .
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Title Reports
a. County has already received title reports for all parcels . Updates will be provided
by County's title company.
Appraisal/Apvraisal Review
Consultant will provide real estates appraisals and appraisal reviews , which will
be prepared in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (and all amendments thereto ) , USPAP
requirements and all applicable State laws . The projects are not FDOT projects ,
and FDOT procedures do not have to be strictly adhered to .
Acquisition
a) Negotiations : Consultant Shall
i • Establish and maintain an accurate and complete working file for
each parcel utilizing the County's numbering system , while
transmitting all original documentation to the County Project
Manager upon completion of the file by closing or Order of
Taking. All written material must be typed or legibly printed or
handwritten .
ii . Review any title searches provided by the County and verify all
title work through confirmation with the owner and corroborating
any discrepancies through county property tax rolls and any other
necessary records .
Review right-of- way maps and construction plans provided by the
County.
iv . Notify affected parties (owners and business tenants) of rights to
appraisal construction drawings , attorney's fees , costs , and/or
business damage reports pursuant to Florida Statutes . Consultant
will be responsible for obtaining correct mailing addresses for
owners/business tenants . The letters , which will be sealed and
ready to send, will be brought to the County for mailing . A copy
for County staff will be provided ; various internal lists/memos will
also be required .
V , Make follow-up contacts in person or by phone to owners/business
tenants notified to ensure receipt of letters , answer questions and/or
explain the contents of the letters , whenever necessary.
vi . Verify that legal descriptions , right- of- way maps , and appraisals
conform and correspond .
vii . Make contacts prior to initiation of negotiations , to the extent
possible, to obtain subordinate interests of lien holders and tenants
and to provide information to property owners and displaced
persons as necessary.
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viii . Initiate negotiations by making purchase offers based on the
approved appraisal and relocation benefits provided in accordance
with the relocation procedures . An offer to acquire an uneconomic
remainder and/or retention of improvements may be necessary.
The first offer is to be made as soon as possible upon approval of
the County of the offer amount, with the exception of parcels
needing Replacement Housing Computations (RHP 's) calculated .
Offers on Parcels which require Replacement Housing
Computations must be completed and offer made within thirty (30)
days of receipt of approval by the County. Extensions of these
time frames must be submitted within ten ( 10) working days of
receipt of County approval . ALL OFFERS FOR PL.; RCHASE
MUST BE :APPROVED BY COUNTY Pt. BI . IC WORKS
DIRECTOR PRIOR TO MAKING THE OFFER TO THE
PROPERTY OWNERS .
ix . Issue all applicable notices in accordance with State and Federal
laws , policies and procedures , if necessary. Consultation with the
County Public Works Director to waive certain policies shall be
conducted .
X . Conduct negotiations for the acquisition of each parcel in
accordance with all County policies and procedures , making a
thorough effort to obtain negotiated settlements/purchases . Unless
dictated by extenuating circumstances at least three contacts should
be made prior to suit submittal , unless otherwise instructed by the
County.
xi . Thorough documents of all contacts with property owners and/or
their representatives on appropriate contact records , forms and
correspondence .
xii . ODA signs as well as any signs purchased in the appraisal are to be
handled in accordance with the County's Procedure , which may
include multiple offers on one parcel .
xiii . All counteroffers made to the property owner or their
representative must be made in writing, when applicable , and
approved by the County Project Manager.
xiv . Comply with current eminent domain procedures with respect to
condominium common elements pursuant to current procedures in
the FDOT Right- of- Way manual .
xv . Make updated offers in accordance with County Procedures .
xvi . The Board of County Commissioners of Indian River County must
approve all purchase agreements after negotiations are complete .
b) Business Damages :
i . The parties agree that the properties covered under- this work order
do not involve Business Damages . Hat some point during this
work order Business Damage expertise is needed , the parties agree
that it is not included under this work order and will be addressed
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under a separate work order .
C ) Settlements and Closing: Consultant Shall
i . Receive counteroffers from property owners or their
representatives for consideration by the County. The County
Board of County Commissioners has final authority for approval of
all settlements submitted by consultants .
ii . When appropriate , prepare justification and recommendations for
administrative settlements and submit such recommendations to
the County Project Manager for further handling .
Conduct all necessary closing, including closing with the owner of
tenant-owned improvements/ODA structure , and all related
activities including, but not limited to , providing an updated title
search, satisfaction of all liens and encumbrances, recording of all
title documents , collection and payment of prorated real estate
taxes and execution of IRS Form 1099S . The Consultant will
follow County procedures regarding closings . Title insurance is
not a requirement on all parcels , but the County may elect to obtain
title insurance at its ox' n Cost .
d) Suit Preparation and Legal Support: Consultant Shall
i . Review title search provided by the County; verify and update all
title information, obtain all suit information from property owners
and comply with Florida Public Disclosure Act . (The Consultant
will follow County procedures regarding suit information
submittal . )
ii. Prepare and submit Suit Packages by the established due date .
iii. After the suit package has been forwarded to Office of County
Attorney and Legal Counsel ( Richard Vickers) before styling and
filing, and revisions become necessary (i . e . , change of ownership ,
deletion/addition of subordinate copies or interest, etc . ) all
pertinent information should be submitted . This information will
then be forwarded to the Office of County Attorney and Legal
Counsel (Richard Vickers . )
iv. Consultant shall be available thru trial and the conclusion of
supplementary proceedings , which will constitute completion of
the suit service .
e) File Transfer
Unless otherwise instructed, file transfers shall be conducted in the
following manner :
After sixty (60) days , but no later than ninety (90) days after title has
transferred, all relocation has been performed, and the parcel has been
thoroughly reviewed, the working file for each parcel is to be physically
turned over to the County into the official records files .
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RECORDS MAINTENANCE Consultant Shall
a) Receive, appropriately process , and handle Florida Statutes Chapter 119
requests under the supervision of the County Project Manager and the
Office of County Attorney.
b) Maintain all files and distribute all documents in accordance with the
requirements of the County. All original documents are to be held in the
file maintained by the Consultant and turned over to the County upon
completion of the file .
C) Turn over all files to the County upon completion of the project .
d) Make all files accessible and available to the County Project Manager
during all business hours for the life of the project .
PRODUCTION CONTROL : Consultant Shall
a) Develop and maintain a production reporting system tracking all critical
events , both scheduled and actual , for each parcel on the project .
b) Report, prior to monthly production meeting on the complete status of right-
of-way production on projects . A monthly production meeting with the
County's Project Manager and appropriate Consultant personnel is required , as
a minimum , to related current status of overall project schedules , noting
exceptions and suggesting actions required to correct schedule exceptions .
c) Submit appropriate documentation required to input data on production
necessary to maintain the County's Right - of-way Control System in
accordance with the County's policies and procedures .
d) Develop and maintain a business damage reporting system , tracking all critical
events , both scheduled and actual , or each parcel on the project .
e) Implement a tracking system on a monthly basis to ensure proper entries and
corrections have been accurately recorded in a timely manner.
COUNTY RESPONSIBILITIES .
a) County will furnish to the Consultant a copy of the County's Right-of-Way
files for each parcel and shall meet to discuss any procedural issues with
County staff.
b) County will furnish any available standard forms required to carry out the
technical tasks pursuant to this agreement .
c) County will provide preliminary surveys of potential hazardous waste sites
and coordinate with other State agencies to resolve problems relative to
parcels cited as hazardous waste sites .
d) County will have final review/approval of all business damage reports prior to
the offer being made to business owner and prior to any settlements .
e) County will prepare, upon written request, all documents that require
changing .
The County's Utilities Section or Public Works Department will be
responsible for any and all public utility relocation .
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g) County will prepare, review, approve, and process all requests for warrants for
payment on all parcels .
h) County will prepare and prosecute civil action and/or eviction proceedings
against tenants .
i) County will prepare style and file all eminent domain lawsuits , however, these
services will be performed by the CONSULTANT 'S legal subcontractor,
Richard R. Vickers , P . A .
SECTION IV - TIME FOR COMPLETION
After the COUNTY issues a written authorization to proceed, one hundred and eighty
calendar days ( 180) shall be allowed for acquisition of all parcels up to the date of t}hc Order of
Takinc ( not incitiding trial ) , unless extended by the County Project Manager.
SECTION V - COMPENSATION
The COUNTY agrees to pay, and the CONSULTANT agrees to accept , a fee for services
rendered according to the "Scope of Services Provided by the CONSULTANT , " identified in
Section III of this WORK ORDER, with a maximum charge under this WORK ORDER of $
63 , 000 , not including legal services , which shall be paid on an hourly basis at $ 132/hr . This
maximum fee is itemized as follows :
TABLE V- 1 — MAXIMUM COMPENSATION SCHEDULE
Task Description CONSULTANT ' S
Compensation
1 Complete Appraisals Before/After Evaluation 6 $ 6000/ea $ 36 , 000
2 Appraisal Review 6 $ 500/ea $ 3 , 000
3 Acquisition 6 $ 4000/ea $ 24 , 000
TOTAL MAXIMUM COMPENSATION $ 639000
If a Summary Limited Appraisal will suffice , the cost shall be a $ 3 , 500 per report. Updates shall
be at a cost of 25 % of report rate . Court Testimony shall be a hourly rate of $ 148/hr for Chief
Appraiser and $ 110/hr for Senior Appraiser. The CONSULTANT shall exercise efficiently in all
tasks and strive to keep costs to a minimum, with the above fees being maximum, not to exceed .
SECTION VI - ADDITIONAL SERVICE WORK
Additional service work shall be in accordance with the MASTER AGREEMENT .
Additional service work performed on a time and material basis shall not exceed the unit values
listed in the following schedule . Lump sum fees for additional service work shall be negotiated .
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SECTION VII = PARTIAL PAYMENTS 8/20/03PWDjwd/wkd
The COUNTY shall make monthly partial payments to the CONSULTANT for all
authorized work pertaining directly to this project performed during the previous calendar month .
The CONSULTANT shall use the form provided in "Attachment A, " herein . The
CONSULTANT shall submit invoices monthly for services performed and expenses incurred
pursuant to this Agreement during the prior month .
The CONSULTANT shall submit duly certified invoices in duplicate to the Director of
the Public Works Department . For lump sum line items , the amount submitted shall be the
prorated amount due for all work performed to date under this phase, determined by applying the
percentage of the work completed as certified by the CONSULTANT , to the total due for this
phase of the work . For time and material line items , the amount submitted shall be based on the
actual hours worked and expenses incurred for the billing period .
The amount of the partial payment due the CONSULTANT for the work performed to
date under these phases shall be an amount calculated in accordance with the previous paragraph ,
less ten percent ( 10 %) of the invoice amount thus determined, which shall be withheld by the
COUNTY as retainage, and less previous payments . Per F . S . 218 . 74(2) , the COUNTY will pay
approved invoices on or before the forty-fifth day after the COUNTY receives the
CONSULTANT ' S invoice .
Per F . S . 218 . 74(2) , the ten percent ( 10 %) retainage withheld shall be paid in full to the
CONSULTANT by the COUNTY, upon completion of the final task after, final acceptance of
the Work by the Public Works Director.
The Agreement is broken into deliverable units . No payment shall be made unless the
Public Works Director has received and approved the work products required under the "Scope
of Services Provided by the CONSULTANT, " herein .
SECTION VIII - VENUE
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 IX - RELATIONSHIP TO MASTER AGREEMENT AND LAWS
OF FLORIDA
All conditions set forth in the MASTER AGREEMENT shall control unless otherwise
specified in this WORK ORDER .
The laws of the State of Florida shall govern this Contract, regardless of where executed .
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IN WITNESS WHEREOF the parties hereto have executed these presents this day of
-September 2 , 2003 .
AMERICAN ACQUISITION GROUP, INC . INDIAN RIVER COUNTY, FLORIDA
5600 W . Mariner Street , Ste 104 , BOARD OF . COUNTY COMMISSIONERS
Tampa , FL 33609
R erta S . Scodius Pr sident Ke acht, hairman
Witnes
Approved by BCC : September 2 , 2003
�
Attest :
Witness Jeffery K. Barton, Clerk of Circuit Court
By:
Deputy Clerk
Approved as to form and for Legal Sufficiency
County Attorney
?Jaes . Chandler ounty Administrator
Indian River County Approved Date
Administration �" J
Budget Q Z�
Legal �v .
Risk Management
Public Works 5
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ATTACHMENT A
CONSULTANT ' S APPLICATION FOR PAYMENT NO .
for
RighLOLf Way Acquisition Services
To : INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT
Contract for WORK ORDER NO , 1 TO THE PROFESSIONAL SERVICES
AGREEMENT — INDIAN RIVER COUNTY —
INDIAN RIVER COUNTY PROJECT No . 03 - 100
For Work accomplished through the date of�
Percent Percent Gross Contract
Contract Complete Complete Amount Due
Task Amount From This Pay This Pay
(2) Previous Pay Request Request
Requests (3) (2)x(3)
Task 1 Complete Appraisal Before/ $ 36 , 000
After Evaluation
Task 2 Appraisal Review $ 3 , 000
Task 3 Acquisition $ 24, 000
Reimbursable Expenses ( 1 )
& ,y �
TOTAL GROSS CONTRACT AMOUNT DUE THIS PAY REQUEST
AMOUNT OF RETAINAGE
( 10% of Total Gross Contract Amount Due This Pay Request)
CONTRACT AMOUNT EARNED TO DATE )
(Total Gross Contract Amount Due This Pay Request minus Amount of Retainage)
TOTAL AMOUNT PAID TO CONSULTANT PRIOR TO THIS PAY ( )
REQUEST
AMOUNT DUE THIS PAY REQUEST
(Contract Amount Earned To-Date minus Total Amount Paid To Consultant Prior To
This Pay Request)
( 1 ) Attach copies of all invoices for Reimbursable Expenses
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CONSULTANT ' S CERTIFICATION :
THE UNDERSIGNED CONSULTANT ' S REPRESENTATIVE CERTIFIES that I have checked
and verified the above Application for Payment No . and that to the best of my knowledge and
belief, it is a true and correct statement of work performed and/or material supplied by the
CONSULTANT ; that all work and/or materials included in the Application for Payment have been
inspected by me and/or by my duly authorized representative or assistants ; that it has been performed
and/or supplied in full accordance with the requirements of the referenced Contract and with sound
consulting practice and judgment ; and that the payment amount claimed and requested by the
CONSULTANT is correctly computed on the basis of work performed and/or materials supplied to
date .
THE UNDERSIGNED CONSULTANT ' S REPRESENTATIVE ALSO CERTIFIES that all
previous progress payments received from the COUNTY on account of Work done under the
Contract referred to above have been applied on account to discharge CONSULTANT ' S legitimate
obligations incurred in connection with Work covered by prior Applications for Payment numbered 1
through inclusive ; and if this is a Final Pay Request, I further certify that all persons doing
work upon or furnishing materials or supplies for this project under this foregoing Contract have
been paid in full .
Dated
CONSULTANT : American Acquisition Group , Inc .
5600 W . Mariner Street, Ste 1045
Tampa, FL 33609
CONSULTANT ' S REPRESENTATIVE :
Name and Title :
State of Florida.
County of Indian River.
Subscribed and sworn to before me this day of 200
Notary Public
My Commission expires :
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INDIAN RIVER COUNTY
RIGHT- OF- WAY ACQUISITION
PER UNIT COSTS
Ownership and Encumbrance Report $ 125 . 00
Title Search & Exam/Commitment (including update) $ 300 . 00
Closings (exclusive of title work) $ 125 . 00
Title Insurance (promulgated rate)
Appraisals (per parcel)
Summary Limited
(land & affected improvements only $ 35500 . 00
Summary Complete (Before/After Valuation) $ 6 000 . 00
* updates equal 25 % of report rate
* court testimony to be invoiced on an hourly rate ($ 148/hour for Chief Appraiser and $ 110/hr
for Senior Appraiser)
Appraisal Review (per parcel
USPAP Review Standards $ 500 . 00
Acquisitio» (per parcel)
- invoiced by 4 milestones at 25 % of the per parcel price : offer made ; Agreement
or Suit submittal ; Closing or OT ; File Retirement
- includes all out of pocket expenses
Legal Services (to be provided by
- to be performed on an hourly basis ($ 132 /hour)
- will include all eminent domain services from Pre- OT, Order of Taking,
Mediation and Trial , and supplementary hearings
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