HomeMy WebLinkAbout2003-260A _
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INDIAN RIVER COUNTY
PUBLIC WORKS DEPARTMENT
PROJECT #0390
PROFESSIONAL SURVEYING SERVICES AGREEMENT
FOR ANNUAL SURVEYING AND MAPPING SERVICES
THIS AGREEMENT , entered into this 23rd day of September , 2003 by and
between INDIAN RIVER COUNTY , a political subdivision of the State of Florida ,
hereinafter referred to as the "COUNTY" , and BURDETTE & ASSOCIATES , 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 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 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 project 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 Notice4o- 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 If � 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 .
C . The COUNTY shall be responsible for obtaining only those permits
required to perform the work to complete the project , if such permit
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requirements are made into law and established by regulatory agencies
after the effective date of the Work Order .
17 , The COUNTY shall make all provisions for the SURVEYOR to enter upon
public or private property as reasonably required for the SURVEYOR to
perform his services .
E . The COUNTY shall provide all title information and title opinion relating to
land acquisition .
F . The COUNTY shall provide property appraisal information for areas of
potential acquisition .
G . 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 required 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
I
ts 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 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 Haws 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 in
order that all phases of the work may be properly
scheduled and coordinated .
d . The SURVEYOR shall contact all utility companies having
installations in the vicinity of proposed work if necessary .
The SURVEYOR shall provide the COUNTY with all known
information relative to any required utility adjustments ,
relocations and installations , and shall show all known (or
obtainable) above and below ground utilities on the final
plans .
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e . The SURVEYOR shall report the status of the project to
the County Public Works Director upon request and hold all
drawings , calculations , and related work open to the
inspection of the COUNTY at any time , upon reasonable
request .
4 . All original documents (copy of) , survey notes, tracings , and the
like , including all items furnished to the SURVEYOR 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
SURVEYOR shall be created , maintained , updated , and provided in
the format as specified by the COUNTY .
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 Rearoduction : The COUNTY shall make direct
payment to the SURVEYOR for the cost of blueprints . The
maximum cost allowed per blueprint, utilized shall be set forth in the
Work Order,
2 , Concrete Monuments
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 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,
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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 Vlll � PAYMENTS
The COUNTY shall make monthly partial payments Pursuant to Florida Prompt
Payment Act ( F - S9 218 . 70 ) to the SURVEYOR as provided for in the Work Order . A ten
percent ( 10 % ) retainage shall be withheld by the COUNTY until all of the SURVEYOR ' s
work is completely accepted by the COUNTY . If work is held up on the project for six
months or greater due to no fault of the SURVEYOR , the SURVEYOR may request
release of the accumulated retainage .
Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly
certified invoices in triplicate to the County Public Works Director.
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, prior to payment .
SECTION IX - RIGHT OF DECISIONS
All services shall be performed by the SURVEYOR to the satisfaction of the
County 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 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 Public Works Director. If the SURVEYOR
does not concur in the judgment of the County 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 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 , 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 Public Works Director
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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. 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 .
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 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 ,
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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 one year after
the date of execution thereof, or until completion of all project phases as defined by the
County 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 maybe extended for three additional one year
increments at the discretion of the COUNTY .
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 Insurgnce (fQr 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 .
S . General Liability $ 1 ,000 , 000 combined single limit per
accident for bodily injury and property damage. Coverage
shall include premisesloperations , prod uctslcomplated
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 named an "Additional Insured"
on the certificate of 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 .
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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,
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
The Surveyor is solely responsible for any job site safety . However, in
accordance with generally accepted practices , the SURVEYOR may report any
observed job site safety violations by others to the COUNTY .
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 .
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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 .
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 WITNESS WHEREOF the parties hereto have executed these presents this
23rd day of September , 2003 .
BURDETTE & ASSOCIATES , INC . INDIAN RIVER COUNTY , FLORIDA
BOARD OF COUNTY COMMISSIONERS
BY BY :
�s � U
KennethR . Macht
Title : '5 10EIr Board of County Commissioners
Approved by the BCC : n - .� - 2nn �
n ; . . r
Indiar tvvC r Ceunt A
�.
y P � rov� c ATTEST:
Administra ? on 7 Jeffrey . Ba
Budget lerk of t e ourt
Co . Attorney1 7
7 r .
Risk Management Lug ,� 7 .�� B
Department cl �7 DEPUTY CLERK OF COUNT
Division y
JAM
. CHANDLER
MINI T R
.
WILLIAM G . COLLINS , 11
COUNTY ATTORNEY
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BURDETTE & ASSOCIATES , INC .
ATTN: SUSAN BURDETTE, P . S . M .
2295 Genesea bane
Vero Beach, FL 32963
Phone: (772)231 -$750
FAX : 772 -231 - 8752
EXHIBIT `A '
Annual Surveying and Mapping Services — IRC Project No . 0390
October 2003 through September 2004
HOURLY RATES BY EMPLOYEE CLASSIFICATION :
CLASSIFICATION RATE
Professional Surveyor (Principal) $ 120 . 00
Professional Surveyor (RS . M . ) $ 95 . 00
Survey Project Manager (P . S .M .) $ 85 . 00
Project Surveyor (Unregistered) $ 75 . 00
Three- Man Field Crew $ 115 . 00
Two-Man Field Crew $ 95 . 00
Three- Man. 3 - Unit GPS Field Crew $ 125 , 00
Three-Man 2- Unit GPS Field Crew $ 115 , 00
Two-Man 2 - Unit GPS Field Crew $ 105 . 00
Survey CAD Operator/Technician $ 60 . 00
Geodetic Processing/Technician $ 85 . 00
Clerical $ 55 . 00
Authorized Reimbursable Expenses * � .O'D rr
In House HVAC System (Soft Dig) -
Blueprints (24 " X 36") $ 1 . 00
Concrete Monuments $ 9 . 00
* All other expenses relevant to project .
Consultants Signature 7LW1"4
Date �11.�1 - � � i � D04
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