HomeMy Public PortalAboutGulf Stream - Surveying Agreement (2)
Renee Basel
From:Danny Brannon <dbrannon@bngengineers.com>
Sent:Thursday, April 14, 2011 3:54 PM
To:Avirom and Associates
Cc:Bill Thrasher; Rita Taylor; Skip Randolph (jrandolph@jones-foster.com)
Subject:Gulf Stream - Surveying Agreement
Attachments:survey agreement - Avirom.pdf
Resend….as you probably figured, this is for Gulf Stream.
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Avirom & Associates, Inc.
Surveying and Mapping Services
Mike,
This email is pursuant to the Gulf Stream RFP. The Gulf Stream Town Commission has authorized the execution of a
continuing services contract with your firm. Attached is our Survey and Mapping Services Continuing Services agreement
draft. Please review. If the contract is acceptable as is, please complete and return two copies of the Agreement (sign the
execution page ,Page 11) and fill in the rate schedule (Rate Column & Signatory, Exhibit A, Page 12). Upon receiving
your executed agreement and final review by our attorney, we will execute and return one copy to you. If you have
questions or concerns, don’t hesitate to call or email me. Attach a supplemental sheet if the rate schedule does not
adequately reflect your rate schedule.
Danny P. Brannon, P.E.
Brannon & Gillespie, LLC
12798 West Forest Hill Blvd, Ste 102
Wellington, FL 33414-4704
Phone: (561)795-0833 - Fax: (561) 795-5678
Website: www.BnGEngineers.com
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Survey Agreement – Jupiter Inlet Colony April 2011
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NON-EXCLUSIVE PROFESSIONAL MUNICIPAL SURVEYING AND MAPPING
SERVICES AGREEMENT FOR CONTINUING SERVICES
THIS AGREEMENT, entered into this ______ day of _______________, 2011 by and
between THE TOWN OF GULF STREAM, a political subdivision of the State of Florida,
hereinafter referred to as the “TOWN”, and AVIROM & ASSOCIATES, INC., a Florida
Corporation, hereinafter referred to as the “SURVEYOR”.
W I T N E S S E T H
That the TOWN and the SURVEYOR, in consideration of their mutual covenants, herein
agree with respect to the performance of professional Surveying services by the SURVEYOR
and the payment for those services by the TOWN 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 TOWN with professional surveying services and such
other related services as defined in specific Work Orders for each project. The SURVEYOR shall
serve as the TOWN’s professional surveyor for the project as set forth in each Work Order and
shall give professional surveying services to the TOWN during the performance of the services
to be rendered. The SURVEYOR is retained by the TOWN to perform these services under this
non-exclusive continuing contract with the TOWN.
SECTION 1 – PROJECT(S)
The project(s) deliverables shall be identified by the TOWN and communicated to the
SURVEYOR. The SURVEYOR services required shall be identified on individual Work Orders
prepared by the SURVEYOR and approved by the TOWN’s representative. Each Work Order
will be uniquely numbered and shall be subject to the TOWN’s approval prior to a Notice –to-
Proceed being issued.
Services required of the SURVEYOR for the project will be described in other
appropriate sections of this Agreement and quantified in individual Work Orders.
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Survey Agreement – Jupiter Inlet Colony April 2011
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SECTION II – TOWN OBLIGATIONS
The TOWN 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 available data, drawings, surveys, right-of-way
maps, reports, and other information in the possession of the TOWN, that are pertinent
to the project and allowed to be shared.
B. The TOWN shall assist in making provisions for the SURVEYOR to enter upon
public or private property as required for the SURVEYOR to perform his services.
SECTION III – ALLOTMENT OF PROJECT WORKLOAD TO THE SELECTED
CONTINUING SURVEY SERVICE FIRM
The TOWN, through its designated Utility representative, shall, in its sole discretion,
assign work to the Continuing Survey Services Firm as appropriate. The “Master Agreement”
in no way guarantees any future work. SURVEYOR shall have no right to appeal or challenge
the TOWN’S decision regarding distribution of work.
SECTION IV – SCOPE OF SERVICES
The SURVEYOR agrees to perform all necessary professional Surveying services in
connection with the assigned project(s) 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 Work Order and written authorization
to proceed, the SURVEYOR shall consult with the TOWN to clarify and
define the TOWN’s requirements and deliverables for the project and
review all available data.
2. The SURVEYOR shall attend meetings with the TOWN and its
representatives, upon request. Meetings not included in the Work Order
shall be treated as additional services when such meetings are related to
approved Work Orders.
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 observe the following requirements:
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Survey Agreement – Jupiter Inlet Colony April 2011
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a. The SURVEYOR will complete his work on the project within
the time allowed by maintaining an adequate staff of registered
Surveyors, certified operators, draftsmen, and other employees
on the work at all times.
b. The SURVEYOR shall 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 prepare all necessary sketches, drawings,
and survey documents as necessary for each project.
d. The SURVEYOR shall reply in a timely manner to the TOWN’s
requests for additional information related to the SURVEYOR’s
work product. The SURVEYOR shall cooperate fully with the
TOWN in order that all phases of the work may be properly
scheduled and coordinated.
e. The SURVEYOR will contact all utility companies having
installations in the vicinity of the proposed work and coordinate
locations of utilities, if necessary and included on the Work
Order. The SURVEYOR shall provide the TOWN with all
obtained information relative to any required utility locations
and installations and shall show all known above and below
ground utilities on the survey work product.
f. The SURVEYOR shall report project status to the TOWN’S
Representative upon request and hold all drawings, calculations
and related work open to the inspection of the TOWN’S
Representative or his authorized agent at any time, upon
reasonable request.
4. The SURVEYOR shall furnish additional copies of reports, drawings,
sketches, and survey documents as required by the TOWN, but may
charge only for the actual cost of providing such copies where outsourced
and rates included in this Agreement or in the Work Order do not apply.
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Survey Agreement – Jupiter Inlet Colony April 2011
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SURVEYOR will submit request for reimbursement in a format as
directed by the TOWN’s Representative. The SURVEYOR shall furnish to
the TOWN the necessary number of sets of the drawings, sketches,
survey documents and other pertinent items as set forth in individual
Work Orders. The cost of these sets of documents are not included in the
basic compensation paid to the SURVEYOR but will be paid as a direct
expense. All created documents, survey notes, field books, tracings,
drawings, sketches, survey documents, and the like including all items
furnished to the SURVEYOR by the TOWN pursuant to this Agreement,
are and shall remain the property of the TOWN, and shall be delivered to
the TOWN upon completion of the work if requested. All items prepared
by the SURVEYOR shall be created, maintained, updated, and provided
in the format as specified by the TOWN including but not limited to
Print, CADD, PDF, EXCEL, etc. Unless noted otherwise on the Work
Order, AutoCAD, Excel, Word, shall be understood to be standard
formats for CAD, Spreadsheet, and word documents.
5. The SURVEYOR acknowledges that preparation of all applicable drawings,
sketches, survey documents, and written or oral responses to all
regulatory agencies’ questions about the SURVEYOR’s work product, are
included within the scope of basic compensation in each particular Work
Order. Any additional work required by regulatory agencies or entity
which establish such regulations or need after the effective date of the
particular Work Order, shall be an additional service, and the TOWN
shall compensate the SURVEYOR in accordance with Section VII –
“Additional Work,” of this Agreement, and in accordance with the fee
schedule in an approved Work Order.
6. Compensation to the SURVEYOR for basic services shall be in accordance
with each Work Order, as mutually agreed upon by the SURVEYOR and
the TOWN. Schedule of current hourly billing rates are included in
“Exhibit A” attached, and will be included as part of each Work Order
when approved. SURVEYOR shall provide a resource plan, time to
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Survey Agreement – Jupiter Inlet Colony April 2011
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complete, and other information as needed relative to the Work Order to
support the TOWN’s effective management of the TOWN’s business.
SECTION V – TIME FOR COMPLETION
The time for completion of each project shall be defined in the Work Order.
SECTION VI – COMPENSATION
The TOWN 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 agreed upon prior to issuance of each Work
Order and the work hours for each discipline, required equipment hours, and
work schedule shall be included in the Work Order.
B. Direct Payment for Additional Services:
The TOWN 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 TOWN shall make direct payment to the
SURVEYOR for the cost of printing project plan sheets required for
project coordination. The maximum cost allowed per printed sheet
utilized for this purpose shall be set forth in the Work Order.
2. All travel expenses must be agreed to in advance by Work Order and
included therein.
SECTION VII – ADDITIONAL WORK
Additional work occurs when the TOWN requests changes after it has issued a Work
Order notice-to-proceed. Additional work shall not commence until a Work Order for the
additional work has been formally issued by the TOWN’s Representative, and the additional
work shall be performed in accordance with the fee schedule set forth in Exhibit “A” or as set
forth in a supplemental Work Order.
SECTION VIII – PAYMENTS
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Survey Agreement – Jupiter Inlet Colony April 2011
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The TOWN shall make monthly partial payments to the SURVEYOR as provided for in
the Work Order. On specific Work Orders with compensation estimated to be greater than
$25,000, a ten percent (10%) retainage shall be withheld by the TOWN until all of the
SURVEYOR’s work is completely accepted by the TOWN. If work is held up on the specific
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 to the TOWN’s Representative for review monthly. Invoices shall indicate the Work
Order and deliverables provided. The Work Order shall be divided into units of deliverables,
which shall include, but not be limited to, electronic files, reports, findings, drawings, and drafts
that must be received and accepted in writing by the TOWN’s Representative prior to payment.
SECTION IX – RIGHT OF DECISIONS
All services shall be performed by the SURVEYOR to the satisfaction of the TOWN’s
Representative who shall decide all questions, difficulties, and disputes of whatever nature
which 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
TOWN’s Representative’s decision upon all claims, questions and disputes shall be final,
conclusive and binding.
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 and approved by the TOWN’s Representative prior to the SURVEYOR beginning his
work on such changes.
SECTION X – OWNERSHIP AND REUSE OF DOCUMENTS
A. Ownership and Copyright:
Unless agreed otherwise, ownership and copyright of all reports, tracings, plans,
specifications, field books, survey information, maps, contract documents, data,
and other deliverables developed by the SURVEYOR pursuant to this
Agreement, shall be vested in the TOWN. Said materials shall be made available
by the SURVEYOR at any time upon request of the TOWN.
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Survey Agreement – Jupiter Inlet Colony April 2011
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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 to the
services described herein. They are not intended for reuse by the TOWN on any
other project. The TOWN’s reuse of any document or drawing shall be at the
TOWN’s own risk.
SECTION XI– NOTICES
Any notices, reports or other written communications from the SURVEYOR to the
TOWN shall be considered delivered when posted by certified mail or delivered in person to
the TOWN’s Representative. Any notices, reports or other communications from the TOWN to
the SURVEYOR shall be considered delivered when posted by certified mail to the SURVEYOR
at the last address left on file with the TOWN or delivered in person to said SURVEYOR or his
authorized representative. Unless TOWN is subsequently notified otherwise, the SURVEYOR’s
address shall be as shown in this Agreement.
SECTION XII– TERMINATION
Either party may terminate this Master Agreement upon seven (7) days written notice to
the other party, except that in the event the SURVEYOR terminates this agreement, such
termination shall not be effective, absent the TOWN’s consent, until the SURVEYOR’s
completion or partial completion, to the TOWN’s satisfaction, of any Work Order in progress.
SECTION XIII – AUDIT RIGHTS
The TOWN 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 XIV – SUBLETTING
The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement
without the written consent of the TOWN. When applicable and upon receipt of such consent
in writing, the SURVEYOR shall cause the names of the Surveying and surveying firms
responsible for the major portions of each separate specialty of the work to be inserted on the
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Survey Agreement – Jupiter Inlet Colony April 2011
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reports or other data, including a description of their respective contribution to the work
product.
SETION XV – WARRANTY
The SURVEYOR warrants that he 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 he 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 TOWN shall have
the right to terminate this Agreement without liability.
SECTION XVI – DURATION OF AGREEMENT
The Master Agreement shall remain in full force and effect for a period of three years
after the date of, or until completion of all project phases of the then Work Orders in progress,
or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant
to Section XII. BY mutual agreement of both parties, this Agreement may be extended for a
period of two additional years at the discretion of the TOWN Commission.
SECTION XVII – INSURANCE
A. WORK ORDERS LESS THAN $100,000.
The SURVEYOR shall, at least ten (10) days prior to the commencement of any work
covered by a specific, approved Work Order, provide to the TOWN a certificate of commercial
general liability insurance with a reputable insurance company authorized to do business in the
State of Florida, subject to approval by the TOWN, in an amount not less than $500,000
combined single limit for bodily injury and property damage, including coverage for
premises/operations, products/completed operations, contractual liability, and independent
contractors. The SURVEYOR shall, at least ten (10) days prior to the commencement of any
work covered by a specific approved Work Order, provide to the TOWN a certificate of
professional liability insurance with a reputable insurance company authorized to do business
in the State of Florida, subject to approval by the TOWN, in an amount not less than $1,000,000.
The SURVEYOR shall, at least ten (10) days prior to the commencement of any work covered by
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Survey Agreement – Jupiter Inlet Colony April 2011
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a specific approved Work Order, provide to the TOWN a certificate of business auto liability
insurance with a reputable insurance company authorized to do business in the State of Florida,
subject to approval by the TOWN, in an amount not less than $500,000 per occurrence combined
single limit for bodily injury and property damage, including coverage for owned autos and
other vehicles, hired autos and other vehicles, non-owned autos and other vehicles. The
commercial general liability and auto liability insurance policies shall name the TOWN of
JUPITER INLET COLONY, a political subdivision of the State of Florida, as an additional
insured. In addition, the SURVEYOR shall, at least ten (10) days prior to the commencement of
any work covered by a specific approved Work Order, provide to the TOWN a certificate of
worker’s compensation insurance, including employer’s liability, with a reputable insurance
company authorized to do business in the State of Florida, subject to approval by the TOWN,
with a limit of $100,000 per accident, $500,000 disease (policy limit), and $100,000 disease (each
employee) in compliance with all state and federal laws. The SURVEYOR shall provide to the
TOWN at least thirty (30) days written notice by registered mail, return receipt requested, to the
TOWN’s Representative, prior to cancellation or modification of any required insurance. The
SURVEYOR shall cause any subcontractor performing any work to provide to TOWN,
certificates of insurance under the same conditions and with the same policy limits as required
of the SURVEYOR.
B. WORK ORDERS GREATER THAN $100,000.
Work Orders greater than $100,000 shall not be entered into under this Agreement.
SECTION XVIII – IMDEMNIFICATION
The SURVEYOR shall indemnify and hold harmless the TOWN, and the TOWN’s
officers and employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SURVEYOR and other persons employed or utilized by the
SURVEYOR in the performance of this contract.
SECTION XIX – SAFETY
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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 to the TOWN and to the SURVEYOR’s Representative.
SECTION XX – 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
Agreement shall be in Palm Beach County, Florida, or in the event of a federal jurisdiction, in
the United States District Court for the Southern District of Florida.
SECTION XXI – 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 XXII - SEVERABILITY
In the event 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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Survey Agreement – Jupiter Inlet Colony April 2011
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IN WITNESS WHEREOF the parties hereto have set their hand to and executed this
Agreement this ______ day of ________________, 2011.
CONTRACTOR: TOWN:
Avirom & Associates, Inc. Town of Gulf Stream
50 SW 2nd Avenue 100 Sea Road
Boca Raton, Florida 33432 Gulf Stream, Florida 33483
By:____________________________________
John C. Randolph, Esq., Attorney
For Legal Form and Sufficiency
BY: BY:
William F. Koch , Jr., Mayor
Town of Gulf Stream
Title:_______________________________
(If not PRESIDENT, attach evidence of authority to sign.)
ATTEST: ______________________________
William Thrasher, Town Manager
Town of Gulf Stream
WITNESS:
(Town Seal)
CERTIFICATE
I, _______________________________ of _______________________________
(corporation), hereby certify that ___________________________ is a
____________________ of the firm and, is authorized to perform professional services in
the name, and on behalf of _________________________________. I further certify that
the foregoing is consistent with the By-Laws of the said corporation, and has not been
modified or rescinded.
IN WITNESS WHEREOF, I have executed this certificate and have caused the corporate
seal of ___________________________ to be hereunder affixed on this __________ day of
________________, 2011.
(Seal) __________________________________
Clerk of the Corporation
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Survey Agreement – Jupiter Inlet Colony April 2011
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EXHIBIT A - SCHEDULE OF BILLING RATES
Office Resources: Unit: Rate:
(hour, mile, etc.) ($/Unit)
Principal-in-Charge Per Hour
Project Manager Per Hour
Project Surveyor Per Hour
QA/QC Specialist Per Hour
Field Crew Coordinator Per Hour
Data Processor Per Hour
CAD Operator - Microstation/Other Per Hour
CAD Operator - AutoCAD Per Hour
Data Processor Per Hour
GIS Analyst Per Hour
Clerical Support Per Hour
Field Resources: Unit: Rate:
(hour, mile, etc.) ($/Unit)
Party/Crew Chief Per Hour
GPS Operator Per Hour
Survey Technician Per Hour
GPS/Laser Scanner Crewman Per Hour
GPS Operator Per Hour
Instrument Technician Per Hour
Equipment Resources: Unit: Rate:
(ea, hour, mile, etc.) ($/Unit)
Total Station
GPS Receiver
Laser Scanner
Data Collector
Electronic Field Book
Crew Truck
Quad/Off Road
John Boat
Air Boat
Prints (24 x 36) B&W PER SHEET
CERTIFIED BY: __________________________ Print Name __________________________