HomeMy WebLinkAboutIII (A) Approval and Authorization for Mayor and City Clerk to execute Contract for Design Criteria Professional with Gee & Jenson Engineers-Architects Planners, Inc AGENDA 12-5-95
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item III A
/`/OCOe _ - __
O/ IAF
COMM ISSIONLRS
_� ►� CITY OF OCOEE RUSTY JOHNSON
PAUL W.FOSTER
150 N.LAKESHORE DRIVE SCOTT A.GLASS
�y `$i OCOEE,FLORIDA 34761-2258 JIM GLEASON
f� v `.� (407)656-2322
CITY MANAGER
Of GOOV ELLIS SHAPIRO
MEMORANDUM
DATE: December 1, 1995
TO: The Honorable Mayor and Board of City Commissioners
FROM: Montye E. Beamer, Director 22,-) 122--
Administrative Services
SUBJECT: Design Criteria Professional Agreement with
Gee & Jenson Engineers-Architects-Planners, Inc.
The City Commission at its September 5, 1995 meeting authorized staff to negotiate a Design
Criteria Professional Agreement with the top-ranked firm — Gee & Jenson Engineers-Architects-
Planners, Inc. The contract had originally been included in the Request for Proposals;
modifications were few and have been superimposed/initialed on the attached agreement. This
agreement will allow the firm to work on any design-build project; the first, being the Recreation
Center.
Staff recommends the approval of the Design Criteria Professional Agreement with Gee &Jenson
Engineers-Architects-Planners, Inc. and authorization for the Mayor and City Clerk to execute.
MEB/jbw
AGREEMENT
THIS AGREEMENT is made and entered this day of , 199_, by and
between the City of Ocoee, a political subdivision of the State of Florida, whose address is City
of Ocoee, 150 N. Lakeshore Drive, Ocoee, Florida 34761, hereinafter called the "CITY", and
Gee &Jensen Engineers-Architects-Planners, Inc., duly authorized to conduct business in the State
of Florida, whose address is 2701 Maitland Center Parkway, Suite 150, Maitland, Florida 32751,
hereinafter called the "DESIGN CRITERIA PROFESSIONAL".
WITNES SETH:
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and DESIGN CRITERIA PROFESSIONAL agree as follows:
SECTION 1. SERVICES. The CITY does hereby retain the DESIGN CRITERIA
PROFESSIONAL to furnish professional services and perform those tasks outlined in "Scope of
Work", attached hereto as Exhibit "A" and made a part hereof, as specifically set out in Work
Orders to be issued under this Agreement. This Agreement standing alone does not authorize the
performance of any Work or require the CITY to place any orders for Work. The CITY reserves
the right to contract with other parties for professional services within the scope of this Agreement
when it is determined to be in the best interests of the CITY to do so.
SECTION 2. TIME FOR COMPLETION.
(a) The services to be rendered by DESIGN CRITERIA PROFESSIONAL shall be
commenced, upon receipt of Work Orders to be issued hereunder, and shall be completed within
the time specified therein. In the event DESIGN CRITERIA PROFESSIONAL is unable to
complete services because of delays resulting from untimely review and approval by CITY and
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other governmental authorities having jurisdiction over the Project and such delays are not the
fault of DESIGN CRITERIA PROFESSIONAL, CITY shall grant a reasonable extension of time
for completion of Work upon timely written request for same which shall be given by DESIGN
CRITERIA PROFESSIONAL to the CITY not later than 48 hours after such occurrence.
(b) Should the CITY determine that significant benefits would accrue from expediting
an otherwise established time schedule for completion of services under a given Work Order, that
Work Order may include a negotiated payment incentive or schedule of incentives, based on time
savings.
SECTION 3. AUTHORIZATION FOR SERVICES.
(a) Authorization for performance of professional services by the DESIGN CRITERIA
PROFESSIONAL shall be in the form of Work Orders issued by the CITY. The Work Order
shall describe the Project, the services required, and shall establish the method of payment. All
Work Orders for the Project will be issued under and shall incorporate the terms of this
Agreement. Negotiations pertaining to the services to be performed by the DESIGN CRITERIA
PROFESSIONAL for each Work Order will be undertaken between DESIGN CRITERIA
PROFESSIONAL and a committee selected by the Board of City Commissioners.
(b) DESIGN CRITERIA PROFESSIONAL will provide, during negotiation of each
Work Order, the estimated phased-time/payout schedule for services to be rendered.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) The CITY will pay the DESIGN CRITERIA PROFESSIONAL, for services
performed under each Work Order, a total fixed-fee sum approved for each Work Order. In the
case of Additional Services, payment will be limited by the "not-to-exceed" amount indicated on
the Work Order. No payments will be made to DESIGN CRITERIA PROFESSIONAL in excess
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of the not-to-exceed amount regardless of actual hours worked towards completion of the
authorized services. Payments shall be made to the DESIGN CRITERIA PROFESSIONAL when
requested as Work progresses, but not more than once monthly for services furnished.
(b) Upon approval of such payment requested by the DESIGN CRITERIA
PROFESSIONAL, CITY agrees that it will make its best efforts to pay DESIGN CRITERIA
PROFESSIONAL within thirty (30) calendar days of receipt of DESIGN CRITERIA
PROFESSIONAL'S invoice for ninety percent (90%) of the total shown to be due on the invoice
unless CITY determines the Work is substantially complete and the amount retained is considered
to be in excess, in which case, the CITY may, at its discretion, release the retainage. Each Work
Order shall be treated separately for retainage purposes and retainage shall be released at the
completion of each separate Work Order.
(c) Basic Services. DESIGN CRITERIA PROFESSIONAL may invoice amount due
based on percentage of total Work Order services actually performed and completed. Unless a
Work Order specifically indicates otherwise, the TOTAL FEE for any project under the scope
identified in Exhibit "A" of this Agreement shall be divided in equal percentages.
(d) Reimbursable Expenses. The City shall reimburse the DESIGN CRITERIA
PROFESSIONAL for the actual cost of Document printing as identified in each separate Work
Order. There are no other reimbursable expenses;under this Agreement.
(e) Additional Services. Services which are referred to as "Additional Services" and
outside the Scope of Work, as described in Exhibit "A" of this Agreement, must be approved in
writing by the CITY. CITY shall compensate DESIGN CRITERIA PROFESSIONAL for such
services on an hourly rate basis as follows:
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SENIOR PRINCIPAL 150
PRINCIPAL 125
SENIOR TECHNICAL SPECIALIST 95
PROJECT MANAGER 85
SENIOR ENG-ARCH-PLNR-SURV 80
ENGINEER-ARCHITECT-PLANNER-SURVEYOR 65
CADD DESIGNER 65
SENIOR DRAFTER-TECHNICIAN 55
CADD DRAFTER 50
DRAFTER-TECHNICIAN 45
FIELD REPRESENTATIVE 55
SECRETARY 30
COMPUTER TECHNICIAN 55
SURVEY CREW
4 PERSON 100
3 PERSON 85
2 PERSON 65
RESEARCH CONSULTANT 45
COMPUTER TIME
CADD WORKSTATIONS - PER HOUR 24
PERSONAL COMPUTERS (PCs) - PER HOUR 8
or such additional services may be negotiated at a fixed price. The hourly rates set forth above
may be renegotiated annually at the request of either party. Where the services of subconsultants
are required to complete such Additional Services, the actual cost of such subconsultant service,
without mark-up of invoices, shall be compensated to DESIGN CRITERIA PROFESSIONAL by
CITY. The cost to DESIGN CRITERIA PROFESSIONAL of coordinating such subconsultant
efforts shall be included in the authorization for DESIGN CRITERIA PROFESSIONAL's hourly
services.
SECTION 5. GENERAL TERMS OF PAYMENT.
(a) Upon satisfactory completion of Work required under Work Orders issued
hereunder or any supplements thereto, and, upon acceptance of the Work by the CITY, the
DESIGN CRITERIA PROFESSIONAL may invoice the full final amount of compensation
provided for under the terms of any Work Order less amount already paid by the CITY. The
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CITY shall make its best efforts to pay the DESIGN CRITERIA PROFESSIONAL within thirty
(30) days of receipt of such invoice. If construction is involved, final payment to the DESIGN
CRITERIA PROFESSIONAL shall be made by the CITY within sixty (60) calendar days of
CITY's acceptance of the fully executed Certificate of Contract Completion for the Construction
Contract.
(b) The CITY may perform, or cause to have performed, an audit of the records of the
DESIGN CRITERIA PROFESSIONAL after final payment to support final payment under any
Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the
DESIGN CRITERIA PROFESSIONAL and the CITY subsequent to the close of the final fiscal
period in which the last Work is performed. Total compensation to the DESIGN CRITERIA
PROFESSIONAL may be determined subsequent to an audit as provided for in this Section, and
the total compensation so determined shall be used to calculate final payment to the DESIGN
CRITERIA PROFESSIONAL. Conduct of this audit shall not delay final payment as required
by Paragraph (a) of this Section.
(c) In addition to the above, if federal, state, or county funds are used for any Work
under the Agreement, the Comptroller General of the United States or of the State of Florida
or of the County of Orange, or any representatives, shall have access to any books, documents,
papers, and records of the DESIGN CRITERIA PROFESSIONAL which are directly pertinent
to Work performed under any Work Order for purposes of making audit, examination, excerpts,
and transcriptions. The stipulations contained in any federal, state, or county grant pertaining to
DESIGN CRITERIA PROFESSIONAL will be adhered to by the DESIGN CRITERIA
PROFESSIONAL. Copy of such grants shall be furnished to DESIGN CRITERIA
PROFESSIONAL.
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(d) The DESIGN CRITERIA PROFESSIONAL agrees to maintain all books,
documents, papers, accounting records and other evidences pertaining to Work performed under
this Agreement in such a manner as will readily conform to the terms of this Agreement and to
make such materials available at all reasonable times during the Agreement period and for three
(3) years from the date of final payment under the contract for audit or inspection as previously
provided. Separate accounting books or records must be maintained for each Work Order.
Incomplete or incorrect entries in such books and records may be grounds for disallowance by
CITY of amounts due based upon such entries.
(e) In the event any audit or inspection conducted reveals any overpayment by the
CITY under the terms of the Agreement, DESIGN CRITERIA PROFESSIONAL shall refund
such overpayment to the CITY within thirty (30) days of notice by the CITY.
(f) Payment will be mailed to DESIGN CRITERIA PROFESSIONAL at:
Gee & Jensen Engineers-Architects-Planners, Inc.
2701 Maitland Center Parkway
Suite 150
Maitland, Florida 32751
SECTION 6. CHANGES IN SCOPE OF WORK. CITY or DESIGN CRITERIA
PROFESSIONAL may request changes that would increase, decrease, or otherwise modify the
scope of work to be provided under this Agreement. Such changes and method of compensation
must be agreed upon in writing by written Change Order to this Agreement prior to any deviation
from the terms of this Agreement, including the initiation of any extra Work. Such changes,
when properly executed, shall become an Amendment to this Agreement. Written Change Orders
shall be in form and content acceptable to the CITY.
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SECTION 7. RESPONSIBILITY OF THE DESIGN CRITERIA PROFESSIONAL.
(a) The DESIGN CRITERIA PROFESSIONAL shall be responsible for the
professional quality, technical accuracy and the coordination of all performance-oriented designs,
drawings, specifications, and other services furnished by the DESIGN CRITERIA
PROFESSIONAL under this Agreement. The DESIGN CRITERIA PROFESSIONAL shall,
without additional compensation, correct or revise any errors or deficiencies in his performance-
oriented designs, drawings, specifications, and other services.
(b) The DESIGN CRITERIA PROFESSIONAL will not be responsible for and will
not have control or charge of construction means, methods, techniques, sequences or procedures,
Work performed by the Design-Build
or for safety precautions and programs in connection with the Work, and he will not be Firm
Design-Build Firm's
responsible for the Cort:..czor's failure :o carr•, out the Work in accordance with he Design
Package prepared by the Design Criteria Professional.
Criteria. The DESIGN CRTIIA PROFESSIONAL will not be responsible f
�Ror or have control
Design-Build Firm, The Firm's Subcontractors,
or charge over the acts or omissions of the , or any or their agents or
employees, or any other persons performing any of the Werk. Design-Build Firm's Work.
(c) Neither the CITY's review, approval or acceptance of, nor payment for, any of the
services required shall be construed to operate as a waiver of any rights under this Agreement or
of any cause of action arising out of the performance of this Agreement and the DESIGN
CRITERIA PROFESSIONAL shall be and remain liable to the CITY in accordance with
applicable law for all damages to the CITY caused by the DESIGN CRITERIA
PROFESSIONAL's negligent performance of any of the services furnished under this Agreement.
(d) In the event that arbitration or litigation becomes necessary for any reason with
regard to the terms of this Agreement, the prevailing parry shall be entitled to recover its
reasonable costs and expenses incurred in connection therewith, including, but not limited to,
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court or arbitration cost, interest and reasonable attorneys' fees, paralegal fees and costs at both
the trial and appellate levels.
(e) The rights and remedies of the CITY, provided for under this Agreement, are in
addition to any other rights and remedies provided by law.
SECTION 8. OWNERSHIP OF DOCUMENTS. All plans, drawings, reports and
specifications that result from the DESIGN CRITERIA PROFESSIONAL's services under this
Agreement shall become the property of the CITY. The DESIGN CRITERIA PROFESSIONAL
shall retain possession of the originals of all documents. DESIGN CRITERIA PROFESSIONAL
shall provide reproducible sepias of all documents to the CITY.
SECTION 9. REUSE OF DOCUMENTS.
(a) Wherever and whenever applicable, all documents including drawings and
specifications furnished by DESIGN CRITERIA PROFESSIONAL pursuant to Work Orders
issued under this Agreement, may be reused for future projects to provide capability of prototype
design.
(b) Should the CITY determine that significant benefits would accrue from such reuse,
Work Order(s) will be negotiated on that basis.
(c) CITY shall have the right to reuse the documents, drawings and specifications and
contract with other parties, not the DESIGN CRITERIA PROFESSIONAL. Such reuse will be
without need of written approval of the DESIGN CRITERIA PROFESSIONAL, however, the
City shall, to the extent permitted by law, indemnify the DESIGN CRITERIA PROFESSIONAL
who shall not be held professionally responsible for any such reuse.
(d) If the CITY elects to reuse the documents and engage the professional services of
DESIGN CRITERIA PROFESSIONAL for design/build construction of future buildings,
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DESIGN CRITERIA PROFESSIONAL agrees to perform said services for a mutually agreed
discounted fixed fee
upon mea to be negotiated under each Work Order. •. - . .-.- _ __- . . _ __ ! dibg
�)
. - •- = e . -. - . . .. -7t - -- •- - ••• If issuance of any Work Order
shall require that a Construction Contract Administration be employed pursuant to the Scope of
Work, compensation for his/her services shall be negotiated as part of that Work Order. If any
modifications are required to site adapt the documents, compensation for such work shall be
negotiated. - .- . :. ; .-.. . . - - - .. -- ..• = - . .d6/41
-
SECTION 10. TERMINATION.
(a) The CITY may, by written notice to the DESIGN CRITERIA PROFESSIONAL,
terminate this Agreement or any Work Order issued hereunder, in whole or in part, at any time,
either for the CITY's convenience or because of the failure of the DESIGN CRITERIA
PROFESSIONAL to fulfill his Agreement obligations. Upon receipt of such notice, the DESIGN
CRITERIA PROFESSIONAL shall:
(1) immediately discontinue all services affected (unless the notice directs
otherwise); and
(2) deliver to the CITY all data, drawings, specifications, reports, estimates,
summaries, and such other information and materials as may have been accumulated by the
DESIGN CRITERIA PROFrSSIONAL in performing this Agreement, whether completed or in
process.
(b) If the termination is for the convenience of the CITY, the DESIGN CRITERIA
full compensation /`/
PROFESSIONAL shall be paid i -eempaisa en- or services performed to the date of termination.
(c) If the termination is due to the failure of the DESIGN CRITERIA
PROFESSIONAL to fulfill his Agreement obligations, the CITY may take over the work and
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prosecute the same to completion by Agreement or otherwise. In such case, the DESIGN
CRITERIA PROFESSIONAL shall be liable to the CITY for reasonable additional costs
occasioned to the CITY thereby including, but not limited to, all consequential damages arising
from DESIGN CRITERIA PROFESSIONAL's breach and all Attorneys' fees and expenses
incurred as a result of any action or proceeding, litigation or arbitration, if applicable, arising
therefrom.
(d) If, after notice of termination for failure to fulfill Agreement obligations, it is
determined that the DESIGN CRITERIA PROFESSIONAL had not so failed, the termination
shall be deemed to have been effected for the convenience of the CITY. In such event, adjustment
in the Agreement price shall be made as provided in Paragraph (b) of this Section and such
adjustment in Agreement price shall be deemed to be the sole remedy of the DESIGN CRITERIA
PROFESSIONAL.
(e) The rights and remedies of the CITY provided in this clause are in addition to any
other rights and remedies provided by law or under this Agreement.
(f) The DESIGN CRITERIA PROFESSIONAL shall have the right to terminate for
failure of the CITY to fulfill its Agreement obligations and all other rights and remedies otherwise
available to DESIGN CRITERIA PROFESSIONAL under law.
SECTION 11. EOUAL OPPORTUNITY EMPLOYMENT. DESIGN CRITERIA
PROFESSIONAL agrees that it will not discriminate against any employee or applicant for
employment for Work under this Agreement because of race, color, religion, sex, age or national
origin and will take affirmative steps to insure that applicants are employed and employees are
treated during employment without regard to race, color, religion, sex, age or national origin.
This provision shall include, but not be limited to, the following: employment, upgrading,
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demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms
of compensation; and selection for training, including apprenticeship.
SECTION 12. NO CONTINGENT FEES. DESIGN CRITERIA PROFESSIONAL warrants that
it has not employed or retained any company or persons, other than a bona fide employee working
solely for the DESIGN CRITERIA PROFESSIONAL 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 DESIGN CRITERIA PROFESSIONAL, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of this provision, CITY shall have the
right to terminate the Agreement without liability, and, at its discretion, to deduct from the
contract price, or otherwise recover, the full amount for such fee, commission, percentage, gift
or consideration.
SECTION 13. CONFLICT OF INTEREST. DESIGN CRITERIA PROFESSIONAL agrees that
it will not contract for or accept employment for the performance of any work or services with
any individual, business, corporation or government unit that would create a conflict of interest
in the performance of its obligations pursuant to this Agreement with CITY.
SECTION 14. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned,
transferred, or otherwise encumbered, under any circumstances, by the parties hereto without
prior written consent of the opposite party and only by a document of equal dignity herewith.
However, this Agreement shall run to the Ocoee City Government and its successors.
SECTION 15. SUBCONSULTANTS/SEPARATE CONSULTANTS. If the DESIGN
CRITERIA PROFESSIONAL desires to employ Subconsultants in connection with the
performance of its Services hereunder:
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(a) Any proposed Subconsultants shall be submitted to CITY for written approval prior
to DESIGN CRITERIA PROFESSIONAL entering into a Subconsultant Agreement.
(b) DESIGN CRITERIA PROFESSIONAL shall coordinate the services and work
product of any Subconsultants, and remain fully responsible under the terms of this Agreement.
DESIGN CRITERIA PROFESSIONAL shall be and remain responsible for the professional
quality, technical accuracy and the coordination of all designs, drawings, specifications and other
services furnished by DESIGN CRITERIA PROFESSIONAL or its Subconsultants. DESIGN
CRITERIA PROFESSIONAL shall, without additional compensation, correct or revise any errors
or deficiencies in the designs, drawings, specifications or other services produced pursuant to this
Agreement.
(c) Any Subconsultant Agreement shall be in writing and shall reflect the terms of this
Agreement and require the Subconsultant to assume performance of DESIGN CRITERIA
PROFESSIONAL's duties commensurately with DESIGN CRITERIA PROFESSIONAL's duties
to CITY under this Agreement, it being understood that nothing herein shall in any way relieve
DESIGN CRITERIA PROFESSIONAL from any of its duties under this Agreement. DESIGN
CRITERIA PROFESSIONAL shall provide the CITY with copies of all Subconsultant Agreements
upon request of the CITY.
(d) DESIGN CRITERIA PROFESSIONAL shall cooperate at all times with CITY and
its other consulting engineers or design professionals, and cooperate and coordinate with, and
incorporate the Work product of, any Separate Architect, consulting engineer or design
professional retained by the CITY, in any fashion appropriate or necessary to facilitate the design-
build and construction of any project under the scope identified in Exhibit "A".
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SECTION 16. INDEMNIFICATION OF CITY.
(a) To the fullest extent permitted by law, the DESIGN CRITERIA PROFESSIONAL
shall indemnify, hold harmless and defend the CITY, its agents, servants, and employees, or any
of them, from and against all claims, damages, losses, and expenses, including but not limited to
attorneys' fees and other legal costs such as those for paralegal, investigative, and legal support
services, and the actual costs incurred for expert witness testimony, arising out of or resulting
from the performance of services required under this Agreement, provided that same is caused in
whole eft by the error, omission, negligent act, eeeduet; or misconduct of DESIGN ,11
CRITERIA PROFESSIONAL, its agents, servants, employees, or Subconsultants. In accordance
with Florida Statutes, Section 725.06, adequate consideration has been provided to the DESIGN
CRITERIA PROFESSIONAL for this obligation, the receipt and sufficiency of which is hereby
specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges, and
immunities of the CITY as set forth in Section 768.28, Fl. Statutes. In claims against any person
or entity indemnified under this section by an employee of the DESIGN CRITERIA
PROFESSIONAL or its agents or Subconsultants, anyone directly or indirectly employed by them
or anyone for whose acts they may be liable, the indemnification obligation under this section shall
not be limited by a limitation on amount or type of damages, compensation or benefits payable
by or for the DESIGN CRITERIA PROFESSIONAL or its agents or Subconsultants, under
Workers' Compensation acts, disability benefits acts, or other employee benefit acts.
(b) The execution of this Agreement by DESIGN CRITERIA PROFESSIONAL shall
obligate DESIGN CRITERIA PROFESSIONAL to comply with the foregoing indemnification
provision; however, the collateral obligation of insuring this indemnity must be complied with as
set forth below.
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(c) The CITY will require that any contractor, performing work in connection with
performance-oriented drawings and specifications produced under this Agreement, agree to hold
harmless, indemnify and defend CITY and DESIGN CRITERIA PROFESSIONAL, their
consultants and each of their officers, agents, and employees from any and all liability claims,
losses, or damages arising out of the contractor's (or subcontractor's) negligence in the
performance of the work described in construction contract documents, but not including liability
that may be due to the sole negligence of the CITY, the DESIGN CRITERIA PROFESSIONAL,
their consultants, or their officers, agents, and employees.
SECTION 17. INSURANCE. DESIGN CRITERIA PROFESSIONAL shall provide, pay for,
and maintain in force at all times during the services to be performed, such insurance, including
Workers' Compensation insurance, Employer's Liability insurance, Comprehensive General
Liability insurance, and Professional Liability insurance as will assure to CITY the protection
contained in the foregoing Indemnification undertaken by DESIGN CRITERIA PROFESSIONAL.
The Comprehensive General Liability policy shall clearly identify the foregoing indemnification
as insured under this Section.
Such policy or policies shall be issued by United States Treasury or approved companies
authorized to do business in the State of Florida, and having agents upon whom service of process
may be made in Orange County, Florida. DESIGN CRITERIA PROFESSIONAL shall
specifically protect CITY by naming CITY as a named insured under the Comprehensive General
Liability Insurance policy hereinafter described and shall clearly reference the foregoing
indemnification provision.
(a) Professional Liability Insurance. The limits of liability provided by such policy
shall be no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) to insure and
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hold harmless the CITY under the indemnification specified in Section 16. ,U
(b) Comprehensive General Liability Insurance. The limits of liability provided by
such policy shall be no less than FIVE HUNDRED THOUSAND AND NO/100 DOLLARS
($500,000.00) to insure and hold harmless the CITY pursuant to the indemnification specified in
Section 16, for which DESIGN CRITERIA PROFESSIONAL is not insured under the terms of
its Professional Liability Insurance above specified in Section 17(a). Such insurance coverage
shall include, but not be limited to, the following:
(1) Public Liability Insurance shall protect DESIGN CRITERIA
PROFESSIONAL, its agents and employees from claims for damages for personal injury
including accidental or wrongful death, as well as property damage, which may arise from
performance or services under this Agreement. The limits of liability provided by such policy or
policies shall be no less than ONE HUNDRED THOUSAND AND NO/100 DOLLARS
($100,000.00) for injuries, including accidental or wrongful death, to any one person, and subject
to the same limit for each person an amount not less than TWO HUNDRED THOUSAND AND
NO/100 DOLLARS ($200,000.00) for any one occurrence.
(2) Property Damage Insurance. DESIGN CRITERIA PROFESSIONAL shall
carry liability limits of at least ONE HUNDRED THOUSAND AND NO/100 DOLLARS
($100,000.00) for damages for any one claim and TWO HUNDRED THOUSAND AND NO/100
DOLLARS ($200,000.00) for damages for any one occurrence.
(c) DESIGN CRITERIA PROFESSIONAL shall provide to CITY a copy of all
insurance policies required by this Section showing that CITY has been named as additional
insured under such policies, or, in the alternative, a certificate evidencing that the required
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additional endorsement has been obtained under such policies. Such policies shall be provided by
an insurer acceptable to the CITY and the deductible amounts of such policies shall also be subject
to acceptance by the CITY. •
SECTION 18. REPRESENTATIVE OF CITY AND DESIGN CRITERIA PROFESSIONAL.
(a) It is recognized that questions in the day-today conduct of performance pursuant
to this Agreement will arise. The CITY hereby designates the representative identified under
"NOTICES" as the employee to whom all communications pertaining to the day-to-day
performance of the Agreement shall be addressed. The designated representative shall have the
authority, as CITY's coordinator for this Agreement, to transmit instructions, receive information,
and interpret and define the CITY's policy and decisions pertinent to the work covered by this
Agreement. Individual coordinators for specific Projects shall be named in each Work Order
issued.
(b) DESIGN CRITERIA PROFESSIONAL shall, at all times during the normal work
week, designate or appoint one or more representatives of DESIGN CRITERIA PROFESSIONAL
who are authorized to act in behalf of DESIGN CRITERIA PROFESSIONAL regarding all
matters involving the conduct of the performance pursuant to this Agreement and sh211 keep CITY
continually advised of such designation in writing.
(c) For purposes of this Agreement only, designated DESIGN CRITERIA
PROFESSIONAL representative is: Dale A. Crosby, P.E.
Regional Manager
SECTION 19. ALL PRIOR AGREEMENTS SUPERSEDED.
(a) This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements, or understandings concerning the subject
matter of this Agreement that are not contained in this document. Accordingly, it is agreed that
no deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written.
(b) It is further agreed that no modifications, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document executed with
the same formality and of equal dignity herewith.
SECTION 20. NOTICES. Whenever either party desires to give notice unto the other, it must
be given by written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified, and the place for giving
of notice shall remain such until it shall have been changed by written notice in compliance with
the provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice, to-wit:
FOR CITY OF OCOEE
City Manager or Designee
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
FOR DESIGN CRITERIA PROFESSIONAL
Gee & Jensen Engineers-Architects-Planners, Inc. •
2701 Maitland Center Parkway
Suite 150
Maitland, Florida 32751
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the respective dates under each signature: CITY OF OCOEE through its BOARD OF CITY
COMMISSIONERS, signing by and through its Mayor, authorized to execute same by
Commission action of the day of , 1995, and GEE &JENSEN
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ENGINEERS-ARCHITECTS-PLANNERS, INC. signing by and through its President, duly
authorized to execute same.
Gee & Jensen Engineers-Architects-Planners, Inc.
ATTEST: By: ,j,2ioi d_ 4e.,2,_
..a ii'lam
Date: /�— �, ��
CITY OF OCOEE, FLORIDA
ATTEST: By:
S. Scott Vandergrift, Mayor
Date:
Jean Grafton, City Clerk
FOR USE AND RELIANCE ONLY BY Approved at a meeting of the Ocoee City Commission
THE CITY OF OCOEE, APPROVED held on , 1995 under
AS TO FORM AND LEGALITY THIS Agenda Item No.
DAY OF , 1995.
By:
City Attorney
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EMT "A"
SCOPE OF WORK
SECTION I. GENERAL. DESIGN CRITERIA PROFESSIONAL shall perform
professional services, upon authorization and as hereinafter stated, for design/build projects
outlined in applicable work Orders.
SECTION 2. ORDINANCE. Ordinance No. 95-8 is incorporated by reference
herewith to be complied with as if it were contained herein.
SECTION 3. INELIGIBLE SERVICES. The DESIGN CRITERIA PROFESSIONAL
shall not be eligible to render services under a design build contract executed pursuant to the
design criteria package.
SEC:'1'ION 4. BASIC SERVICES.
4.1 Professional services which will be provided by the design criteria professional shall
be to prepare a design criteria package which-sl 1Vinclude, but not be limited to performance-
oriented drawings/specifications with
Legal Description
Survey Information
Interior Space Requirements
Material Quality Standards
Schematic Layouts
Conceptual Design Criteria
Budget Estimates
Design and Construction Schedules
Site Development Requirements
Provisions for Utilities
Storm Water Retention and Disposal
Parking Requirements
4.2 Services Detail. More detailed identifications of services to be rendered may be
specified in each Work Order issued.
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4.3 Consultation. The DESIGN CRITERIA PROFESSIONAL agrees to meet with
CITY at reasonable times and with reasonable notice. Times will be defined under specific work
orders. _
SECTION 3. ADDITIONAL SERVICES. Such Additional Services as may be authorized
in any Work Order issued hereunder shall be detailed in such Work Order.
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