2026-05-07_-_Surveying_and_mapping_-_by_Work_Order.pdf

AGREEMENT FOR

SURVEYING AND MAPPING SERVICES

THIS AGREEMENT is entered into this _______ day of __________________________, 2026, by and between the City of Plant City, a Florida municipal corporation (“City”), whose address is 302 West Reynolds Street, Plant City, FL 33563 and _______________________________________, (“Surveyor”) whose address is __________________________________________________________________.

WHEREAS, City desires to retain Surveyor to render surveying and mapping services, as described herein; and

WHEREAS, Surveyor represents that Surveyor is qualified, willing and able to provide the described surveying and mapping services according to the terms of this Agreement;

It is therefore, upon sufficient consideration, the receipt of which is hereby acknowledged, agreed upon by the parties that:

1. Definitions.

(A) “Agreement” means this written agreement between City and Surveyor and any amendments, modifications and change orders thereto. Following is a list of attachments to this Agreement:

Attachment A - Scope of Services Attachment B - Reimbursable Cost Schedule Attachment C - Fee Proposal Attachment D - Certificate of Insurance Attachment E - Truth In Negotiation Certificate Form Attachment F - Acknowledgement of Surveyor, Corporation/ Partnership Form Attachment G - Work Order Form

(B) “Change Order” is a modification of this Agreement.

(C) “City Attorney” means the City Attorney of the City of Plant City.

(D) “City Engineer” means the City Engineer of the City of Plant City, or such other person designated in writing by the City Manager.

(E) “City Manager” means the City Manager of the City of Plant City, or his designee in writing.

(F) “Project” means the Work described within the Work Order.

(G) “Work” or “Scope of Work”, the services provided by Surveyor in accordance with Work Orders and Attachments.

(H) “Work Order” means a written authorization for Surveyor to proceed with the Project described therein.

2. Scope of Agreement.

The parties agree that the purpose of this Agreement is for Surveyor to provide to City surveying and mapping services described in Attachment A, Scope of Services and for specific Projects to be described in future Work Order(s). The form of the Work Order shall be as attached hereto as Attachment G. The terms of the Scope of Services are incorporated herein by this reference; provided however, that in the event there is any conflict with the terms of the Scope of Services and this Agreement, the terms of the contract documents prepared by the City shall control.

3. Term of Agreement.

Surveyor shall provide to City surveying and mapping services under this Agreement for an initial one year term beginning on the date of execution of this Agreement. At the sole option of City, the contract term may be extended for three(3) additional one year terms (for a total of four years) under the same terms and conditions of this Agreement by giving Surveyor written notice not less than thirty (30) days prior to the expiration of the initial one year term, or one year extension. The City Manager will approve and execute all extensions.

4. No Minimum amount of Work.

This Agreement is non-exclusive. Notwithstanding any provision in this Agreement, City shall not be obligated to assign any minimum amount of Work to Surveyor during the term of this Agreement. Surveyor shall have no claim against City for damages or loss of profits due to the amount of Work assigned under this Agreement.

5. Surveyor’s Representations and Warranties.

By executing this Agreement, Surveyor makes the following express representations and warranties to City:

(A) Surveyor is professionally qualified to act as a surveyor and mapper as defined by Section 472.005, Florida Statutes for the Scope of Work described in Attachment A;

(B) Surveyor shall maintain all necessary licenses, permits or other authorizations necessary to act as a surveyor and mapper for the Work until Surveyor's duties hereunder have been fully satisfied;

(C) Upon execution of the Work Order, Surveyor will become familiar with the

Project site, and the local conditions and surveying history under which the Project is to be surveyed;

(D) Surveyor shall prepare the survey and all other documents and things required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for its purposes;

(E) Surveyor shall assign only qualified personnel to perform any service, and

Surveyor assumes full responsibility to City for the improper acts and omissions of its consultants or others employed or retained by Surveyor in connection with the Work under this Agreement;

(F) Surveyor shall comply with all federal, state, and local laws, rules and regulations applicable to the performance of this Agreement and all work performed by Surveyor shall be in compliance with all applicable local, state, and federal laws, rules, and regulations;

(G) Since City has entrusted this work to Surveyor, Surveyor shall use its professional expertise to protect the interests of City at all times with regard to its performance under this Agreement. Surveyor shall assume towards City a professional relationship of trust, confidence and fair dealing. The quality of Surveyor’s work shall be consistent with the requirements stated herein and with prevailing industry standards. Surveyor shall insure that its fees charged for this work are fair, reasonable, and consistent with fees charged locally for similar work; and

(H) Upon execution of Work Order, Surveyor represents that Surveyor will have no internal scheduling conflict based on the available documents, time tables, construction projections and that Surveyor will avoid any internal scheduling conflict in the future.

6. Commencement and Progression of Work.

Work performed by Surveyor will commence immediately upon receipt of the Work Order signed by the Surveyor and City Manager. The Work shall be completed by the date established in the agreed upon Work Order. Time is of the essence to this Agreement and to each Work Order executed pursuant to this Agreement.

Should Surveyor be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of Surveyor, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of City including any of its agents or employees, fires, floods, epidemics, quarantine regulations, strikes or lockouts, then Surveyor shall notify City Engineer in writing within 24 hours after commencement of such delay, stating the cause or causes thereof, or may be deemed to have waived any right which Surveyor may have had to request an extension to the time specified in the Work Order.

No interruption, interference, inefficiency, suspension or delay in the commencement or progress of Surveyor's services for any cause whatsoever, including those for which City, including any of its agents or employees, may be responsible in whole or in part, shall relieve Surveyor of its duty to perform or give rise to any right to damages or additional compensation from City. Surveyor’s sole remedy against City in the event of such interruption, interference, inefficiency, suspension or delay in the commencement or progress of such services shall be the right to seek an extension to the time stated in the Work Order. This Paragraph shall expressly apply to claims for early completion, as well as claims based on late completion.

7. Payments to Surveyor.

Upon completion of survey described in each Work Order, City shall pay Surveyor based on fees described in Attachment C (Fee Proposal) and shall reimburse Surveyor for costs as described in Attachment B (Reimbursable Cost Schedule).

8. Waiver and Modification.

Any waiver, modification or cancellation of any term or condition of this Agreement, including but not limited to changes in the services to be performed by Surveyor and any increases or decreases in Surveyor’s compensation, must be agreed to in writing and signed by both parties in order to be effective.

9. Termination.

(A) In the event Surveyor disregards the authority of City or violates the provisions of this Agreement or otherwise fails to comply with any provisions of this Agreement or if the progress or quality of the work is unsatisfactory, City Engineer may serve written notice thereof upon Surveyor, and if Surveyor fails within a period of ten (10) calendar days thereafter to correct such failure, City may terminate this Agreement upon written notice to Surveyor. Upon such termination, Surveyor shall immediately cease its performance of this Agreement and shall deliver to City all completed or partially completed work.

(B) In the event City violates the provisions of this Agreement or otherwise fails to comply with any provisions of this Agreement, Surveyor may serve written notice thereof upon City, and if City fails within a period of ten (10) calendar days thereafter to correct such failure, Surveyor may terminate this Agreement upon written notice to City. Upon such termination, City shall pay Surveyor for all services rendered prior to termination, plus any expenses incurred and unpaid which would otherwise be payable hereunder.

(C) Termination for Convenience. City reserves the right to terminate this

Agreement without regard to cause, in whole or in part, for its convenience.

Such termination shall be effective seven (7) calendar days after transmission of written notice of the same to Surveyor via Regular U.S. Mail and email. Upon receipt of such notice, Surveyor shall immediately cease work on that portion of the work so terminated. In the event of such termination for convenience, City shall pay Surveyor for all services rendered prior to termination, plus any expenses incurred and unpaid which would otherwise be payable hereunder. In such event, Surveyor shall promptly submit to City its invoice for final payment which invoice shall comply with the requirements of this Agreement.

(D) Upon termination, Surveyor shall deliver to City all completed or partially completed work, including, but not limited to all original papers, records, drawings, models, and other materials set forth and described in this Agreement, within seven (7) calendar days of the termination date established in the notice. In the event Surveyor fails to deliver the referenced work and materials to City within the specified time, Surveyor expressly consents to the entry of an order in any court having jurisdiction authorizing City to enter Surveyor’s premises and take possession and remove such work and materials.

(E) If, after notice of termination of this Agreement as provided for in subparagraph (A) above, it is determined for any reason that Surveyor was not in default, or that its default was excusable, or that City was not otherwise entitled to the remedy against Surveyor provided for in subparagraph (A), then the notice of termination given pursuant to subparagraph (A) shall be deemed to be the notice of termination for convenience provided for in subparagraph (C) and Surveyor 's remedies against City shall be the same as and limited to those afforded Surveyor under subparagraph (C). Should City find it necessary to terminate this Agreement for the reasons stated in subparagraph (A), the cost of termination and any additional costs incurred in completing or correcting Surveyor's work shall be borne by Surveyor. Should withheld payments be insufficient to cover said costs, Surveyor shall immediately pay City, upon demand, an amount equal to such additional costs.

10. Jurisdiction.

This agreement shall be construed and governed by the laws, rules and regulations of the State of Florida.

11. Insurance.

Surveyor shall secure and maintain such insurance as required under applicable Workers’ Compensation Acts and Unemployment Compensation Acts and any other federal, state, or local laws or ordinances, including Errors and Omissions insurance coverage in the amount of at least $1,000,000.

12. Indemnification.

Surveyor shall indemnify and hold harmless City, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Surveyor and other persons employed or utilized by Surveyor in the performance of this Agreement. Surveyor’s obligations under this paragraph shall survive the termination of this Agreement. Nothing herein shall be construed to obligate Surveyor to indemnify the City for damages to persons or property caused by an act, omission, or default of the City.

13. Statement of Assurance.

During the performance of this Agreement, Surveyor assures City that Surveyor is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Human Rights Act of 1977; that Surveyor does not on the grounds of race, color, national origin, religion, sex, age, handicap, or marital status, discriminate in any form or manner against Surveyor’s employees or applicants for employment. This Agreement is expressly conditioned upon the veracity of this Statement of Assurance and Surveyor’s compliance with Title VII of the Civil Rights Act of 1964 when federal grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders and regulations prohibiting such discrimination are also included by this reference. This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability.

14. Public Entity Crimes.

In accordance with Section 287.133, Florida Statutes, any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six

(36) months from the date of being placed on the convicted vendor list.

By execution of this agreement, Surveyor assures City that none of its officers, directors, executives, partners, shareholders, employees, members, or any of its agents who are active in management have been convicted of a public entity crime.

In the event that any of its officers, directors, executives, partners, shareholders, employees, members, or any agents who are active in management are convicted of a public entity crime, Surveyor shall immediately notify City.

15. E-Verify.

Surveyor warrants and represents that it has registered with and uses the E-Verify system to verify the work authorization status of all newly hired employees, and will at all times during this Agreement be in compliance with Section 448.095, Florida Statutes.

16. Scrutinized Companies.

In accordance with Section 287.135, Florida Statutes, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods and services of (a) any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or (b) One Million Dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria.

By execution of this Agreement, Surveyor warrants, certifies, and assures the City that Surveyor is not on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. In the event that Surveyor is placed on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria, Surveyor shall immediately notify the City.

This contract may be terminated at the option of the City if Surveyor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. In accordance with Section 287.135, Florida Statutes, if this Agreement is for goods or services of one million dollars or more, this contract may be terminated at the option of the City if Surveyor is found to have submitted a false certification as provided in Section 287.135(4), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List, been placed on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria.

17. Discriminatory Vendor List.

Pursuant to Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contact with any public entity; and may not transact business with any public entity. A public entity may not accept any bid, proposals, or replies from, award any contract to, or transact any business with any entity or affiliate on the discriminatory vendor list for a period of 36 months following the date that the entity or affiliate was placed on the discriminatory vendor list unless that entity has been removed from the list pursuant to Section 287.134(3)(f), Florida Statutes. A public entity that was transacting business with an entity at the time of the discrimination resulting in that entity being placed on the discriminatory vendor list may not accept any bid, proposal, or reply from, award any contract to, or transact any business with any other entity who is under the same, or substantially the same, control as the entity whose name appears on the discriminatory vendor list so long as that entity’s name appears on the discriminatory vendor list.

By execution of this Agreement, Surveyor warrants, certifies, and assures the City that Surveyor is not on the discriminatory vendor list. In the event that Surveyor is placed on the discriminatory vendor list, Surveyor shall immediately notify the City.

18. Non-waiver.

No failure by City to insist upon the strict performance of any term or condition of this Agreement or to exercise any right or remedy available upon a breach hereof, shall constitute a waiver of any such breach or of any such term or condition. No waiver of any breach shall affect or alter any term or condition in this Agreement, and each such term or condition shall continue in full force and effect with respect to any other then existing or subsequent breach thereof.

19. Relationship of the Parties.

Nothing contained in this contract shall be deemed or construed to create the relationship between the parties of principal and agent, or of partnership or joint venture, or of employer and employee; it being expressly agreed that the relationship of Surveyor to City is that of an independent contractor.

20. Venue.

In the event legal proceedings are instituted by either party, venue for any action regarding this Agreement shall be in the Thirteenth Judicial Circuit Court of Hillsborough County, Florida, East Division, or, if applicable, the Middle District of Florida, Tampa Division.

21. Notices.

All Notices hereunder shall be deemed to be properly made if sent by Regular U.S.

mail and email to:

Surveyor:

and to CITY:

City Manager City of Plant City 302 W. Reynolds Street Plant City, FL 33563 billmcdl@plantcitygov.com

With a copy to:

Kenneth W. Buchman, Esq.

City Attorney City of Plant City 302 West Reynolds Street Plant City, FL 33563 CityAttorney@plantcitygov.com

Any party may at any time change its contact or address for such notices by delivering or mailing to the other parties hereto, in the manner provided above, a notice of such change.

22. Public Records.

IF SURVEYOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO SURVEYOR’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,

mailto:billmcdl@plantcitygov.com mailto:CityAttorney@plantcitygov.com

SURVEYOR SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS

AT:

Kerri J. Miller City Clerk 302 W. Reynolds Street Plant City, FL 33563 Phone: 813-659-4200 kmiller@plantcitygov.com

Surveyor shall comply with the requirements of Florida’s Public Records law. In accordance with Section 119.0701, Florida Statutes, Surveyor shall (a) keep and maintain public records required by City in order to perform the service under this Agreement; (b) upon request from the City Clerk, provide City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided under Florida’s Public Records law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement term and following completion of this Agreement if Surveyor does not transfer the records to City; and (d) upon completion of this Agreement, transfer, at no cost, to City all public records in possession of Surveyor or keep and maintain public records required by City to perform the service. If Surveyor transfers all public records to City upon completion of this Agreement, Surveyor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Surveyor keeps and maintains public records upon completion of this Agreement, Surveyor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City, upon request from City’s custodian of public records, in a format that is compatible with the information technology system of City.

23. Successors and Assigns.

The covenants contained in this Agreement are binding on the parties and their respective successors, legal representatives and assignees, if any; provided however, that this agreement may not be assigned by Surveyor to any third party without the prior written consent of City.

24. Reports.

All documents, including the Final Survey shall become and be the sole property of City. Surveyor may maintain copies thereof for its records and for its future professional endeavors.

mailto:kmiller@plantcitygov.com

25. Prohibition against Contingent Fees.

Surveyor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Surveyor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Surveyor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. In accordance with Section 287.055(6), Florida Statutes, for the breach or violation of this provision, City shall have the right to terminate this Agreement and, at its discretion, to deduct from the Agreement price, or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration.

26. Truth in Negotiation.

Surveyor has executed a Truth in Negotiation Certificate, which is attached hereto as Attachment “E” and incorporated herein. In accordance with Section 287.055(5), Florida Statutes, the original contract price and any additions thereto will be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. This provision shall survive the termination of the contract, however, all such contract adjustments must be made within one (1) year following the end of the contract.

27. Sovereign Immunity.

City expressly retains all rights, benefits, and immunities of sovereign immunity.

Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of the City’s sovereign immunity or limits of liability contained in Section 768.28, Florida Statutes.

28. No third party beneficiaries.

Nothing contained herein shall create any relationship, contractual or otherwise, with, or any rights in favor of, any third party.

29. Severability.

If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law.

30. Entire Agreement.

This contract contains the entire agreement of the parties.

31. Captions.

All titles to clauses contained in this order are for identification only and shall not be construed as being a substantive part of the agreement.

IN WITNESS WHEREOF, parties have caused this instrument, consisting of this Agreement and the attached Exhibit(s) to be executed by themselves or their duly authorized officers or agents and their seals to be affixed hereunto the day and year first written above.

City:

By: _________________________ Bill McDaniel City Manager

ATTEST:

Kerri J. Miller City Clerk

Approved as form and correctness:

Michael J. Healy Assistant City Attorney

By: _________________________

Attachment A Scope of Services

The scope of services to be provided are listed below, but are not limited to the following:

A. Land Surveying and Mapping services for the following:

1. Buildings

2. Parks

3. Roadways and Right-of-Ways

4. Site Topographic Surveys

5. Drainage Ditches and Canals, Inlets and Pipe, Ponds

6. Plat Preparation and Review

7. As-Built Surveys

8. Boundary Surveys and Special Purpose Surveys

B. Construction stake-out and grade control C. GPS (Global Positioning System) mapping, platting, and drafting D. Miscellaneous Surveying and Mapping services

Attachment B Reimbursable Cost Schedule

Attachment C Fee Proposal

Attachment D Certificate of Insurance

Attachment E

TRUTH IN NEGOTIATION CERTIFICATE

In compliance with the Consultants’ Competitive Negotiation Act, Section 287.055, Florida Statutes, (Name of Firm) ___________________, hereby certifies that wage rates and other factual unit costs supporting the costs for professional services for this Agreement are accurate, complete, and current at the time of contracting.

BY:

AUTHORIZED SIGNATURE

TITLE:

DATE:

Attachment F Acknowledgement of Surveyor, if a Corporation

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me this of , 200 _____, by (Name of officer or agent, title of officer or agent) of a corporation, (Name of corporation acknowledging) (State or place of incorporation) on behalf of the corporation. He/she personally appeared before me at the time of notarization, and is personally known to me or has produced (Type of identification) as identification.

(Name of Notary typed, printed or stamped)

Acknowledgement of Surveyor, if a Partnership

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me this by (Date) (Name acknowledging agent or partner) partner (or agent) on behalf of ________________, a partnership. He/she personally appeared before me at the time of notarization, and is known to me or has produced (Type of identification) as identification.

(Name of Notary typed, printed or stamped)

Attachment G Work Order Form

Work Order

Surveyor’s Name:

Agreement Date Work Order No.

Modification No.

Project Name

Project Description

Project Exhibits and Attachments

Exhibit “A” – Scope of Work Exhibit “B” – Fee Schedule

Duration (in cal. days) Compensation (Total Cost Not to Exceed)

Insurance Requirements On file.

Budget Source/Availability UOD FY _________ Budget

The parties agree that this Work Order incorporates the terms and conditions of the Agreement for Surveying and Mapping Services between the City and Surveyor dated ________________________, 20____.

IN WITNESS WHEREOF, the parties hereto have executed this Work Order on this ________ day of _________________, 20_____.

Attest: CITY OF PLANT CITY, a Florida Municipal Corporation

By:

Kerri J. Miller City Clerk By:

Kim D. Leinbach Interim City Manager

Diane Reichard Chief Financial Officer Approved as to form and correctness

W.A. ‘Buddy’ Storey, Jr.

Procurement Manager Kenneth W. Buchman City Attorney

Michael A. Schenk, P.E. Date: _________________________ City Engineer

Surveyor

Attest:

Surveyor / FIRM NAME

Authorized Corporate Officer

Corporate Secretary [Printed Name and Title]

SEAL

Date: Date: