HomeMy WebLinkAboutIII(B) Approval And Authorization For Mayor And City Clerk To Execute Renewal Of Continuing Transportation Planning Services Contract With Renaissance Planning Group Agenda 5-01-2001
Item III B
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
O Ocoee -. ' S.SCOTT VANDERGRIFT
CITY OF OCOEE COMMISSIONERS
;-KR1, a 150 N.LAKESHORE DRIVE 3COTT ANDERSON
OCOEE,FLORIDA 34761-2258
RUSTY JOHNSON
�� �*� (407)905-3100
",: NANCY J.PARKER
��Of _GOO �`� ACTING CITY MANAGER
STAFF REPORT JIM GLEASON
DATE: April 13, 2001
TO: The Honorable Mayor and City Commissioners
FROM: Russ Wagner, AICP, Director of Planning
SUBJECT: Renewal of Continuing Transportation Planning Services Contract
ISSUE:
Should the Mayor and City Commissioners renew the Continuing Transportation
Planning Services Contract with Renaissance Planning Group?
BACKGROUND:
On April 15, 2000, the City and Renaissance Planning Group (RPG) entered into a
contract for the provision of Continuing Transportation and Traffic Engineering Services
for City Projects (attached). Section 5.3 of that contract provides for two additional one
year extensions by written amendment. Additionally, the contract permits annual
changes to Exhibit A (attached) to reflect hourly charges for various professionals
involved in project assignments.
DISCUSSION:
Throughout the past year, RPG has performed a vital service to the City by ensuring that
developments are consistent with the City's Concurrency Management System as well
as our Master Transportation Plan. Additionally they provide continuing staff assistance
representing the City before other governmental bodies and supplying technical back-up
for City projects. Staff has been very pleased with RPG and their continuing
commitment to provide transportation planning services in a high quality manner.
STAFF RECOMMENDATION:
Staff respectfully recommends that the Mayor and City Commissioners authorize an
additional one year extension of the Continuing Services Contract with RPG including a
written amendment to Exhibit A as attached, dated March 6, 2001.
RBW/csa
Attachments
O:\CALEXANDER\ALL_DATA\CAPDFILE\Staff Reports\SR2001\SR01017 CC.doc
PC1N _R
Protect Occee's'WaterResourees: )
k � . � �e aissa� � ce Planning i g Group
.
- 3165 McCrory Place • Suite 183 • Orlando, FL 32803 • 407.893.8175 • Fax 407.893.4988
Ir.1n3n01 RIfum .
March 6, 2001
•
Russ Wagner,AICP r'
Planning Director •
City of Ocoee
150 North Lakeshore Drive =
Ocoee, Florida 34761-2258
Subjects: Renewal of Continuing Transportation Planning Services Annual Contract
vsf
Dear b .
Through this letter Renaissance Planning Group is formally requesting a renewal of our
continuing services agreement with the City of Ocoee to provide transportation planning and
traffic engineering services for City projects. We are nearing completion of the first year under this
contract, which provides for two annual one-year renewals of the agreement at our mutual
discretion.
The attached rate schedule (Exhibit A) reflects hourly costs for services for Renaissance Planning
Group and our two subconsultants, TEI Engineers &Planners and OMB, Inc. This letter certifies
that the rates, as of March 2001, are true and accurate payroll information, consistent with Florida
Department of Transportation-approved overhead audits for each firm. The rates for RPG
include a pro-rated four percent escalation factor, as approved by FDOT, to take place in July
2001. If approved, the attached schedule will replace Exhibit A in the existing contract.
Thank you for the opportunity to continue this association with the City. Please call me if you
have any questions, comments or if you need anything further. We look forward to continuing our
service to the City of Ocoee. •
Sinc el
Whit Blanton,AICP
Vice President
Renaissance Planning Group
enclosure
EXHIBIT A
City of Ocoee Continuing Transportation Planning Services
Professional Hourly Rate Schedule
Contract Year Two
March 6,2001
Operating Burdened
Firm/Classification Base Rate Overhead FCCM Margin Rate
Renaissance Planning Group
Responsible Officer $46.54 166.0% 1.27% 12.0% $ 139.31
Project Manager $33.38 166.096 1.27% 12.0% $ 99.93
Sr.Transit Consultant $33.65 166.0% 1.27% 12.0% $ 100.73
Sr.Transportation Planner $26.44 166.0% 1.27% 12.0% $ 79.15
Senior GIS Analyst $22.67 166.0% 1.27% 12.0% $ 67.86
Community Planner $22.00 166.0% 1.27% 12.0% $ 65.86
Transportation Planner $21.06 166.0% 1.27% 12.0% $ 63.04
Planning Technician/Clerical $14.00 166.0% 1.27% 12.0% $ 41.91
GMB Engineers&Planners
Senior Manager $47.40 164.5% 12.0% $ 140.43
Project Manager $35.38 164.5% 12.0% $ 104.82
Project Engineer $26.30 164.5% 12.0% $ 77.92
Engineer, $20.29 164.5% 12.0% $ 60.11
Engineering Intern $13.00 164.5% 12.0% $ 38.51
Clerical $10.00 164.5% 12.0% $ 29.63
TEI Engineers&Planners
Senior Manager $46.34 169.8% 12.0% $ 140.00
Project Manager $39.72 169.8% 12.0% $ 120.00
Project Engineer/Planner $31.45 169.8% 12.0% $ 95.00
Engineer/Planner $28.14 169.8% 12.0% $ 85.00
Senior Designer $23.17 169.8% 12.0% $ 70.00
Designer $19.86 169.8% 12.0% $ 60.00
Sr.Technician $16.55 169.8% 12.0% $ 50.00
Technician $11.59 169.8% 12.0% $ 35.00
Clerical $13.24 169.8% 12.0% $ 40.00
Out-of-Pocket Expenses:
Mileage $0.325 per mile
Color copies $1.00 per 8.5"x 11"copy
B/W copies $0.06 per 8.5"x 11"copy
Overnight/courier delivery $15
CONTRACT
CONTINUING TRANSPORTATION PLANNING AND TRAFFIC
ENGINEERING SERVICES FOR CITY PROJECTS
This contract made and entered into the 15th day of April, 2000 by and between the:
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
hereinafter referred to as the "CITY" and: I
Renaissance Planning Group
101111& arpd 2 �
3165 McCrory Place, Suite 185
Orlando, FL 32803
hereinafter referred to as the "PLANNER/ENGINEER".
PREMISES
WHEREAS, the CITY desires to retain the Renaissance Planning Group for continuing
professional Transportation Planning and Traffic Engineering Services for the City of Ocoee; and
WHEREAS,the CITY desires to employ the PLANNER/ENGINEER for the performance
of continuing Transportation Planning and Traffic Engineering Services upon the terms and
ENGINEER is desirous of performing such
conditions hereinafter set forth, and the PLANK
services upon said terms and conditions;
NOW,THEREFORE,in consideration of the mutual covenants and agreements hereinafter
contained, it is agreed by and between the parties hereto as follows:
1
SECTION I
GENERAL
1.1 "PLANNER/ENGINEER" shall be defined herein to include all principals of the firm of
the Renaissance Planning Group including full time employees,professional or otherwise,
and all other, agents, employees and/or subconsultants retained by the PLANNER /
ENGINEER to perform its obligations hereunder.
1.2 Prior to the start of any work under this contract,the PLANNER/ENGINEER has submitted
to the CITY detailed resumes of key professional personnel who will be involved in
performing all activities described in the Scope of Services. The CITY hereby acknowledges
its acceptance of such personnel to perform services under this Contract. At any time
hereafter that the PLANNER/ENGINEER desires to change the key professional personnel
in an active assignment,it shall submit the qualifications of the new professional personnel
to the CITY for prior approval. Key professional personnel shall include principals-in-
charge and project managers. Subject to CITY approval,the PLANNER/ENGINEER may
sub-contract with other professional consultants to provide technical services required by the
CITY,but which are otherwise outside the area of expertise of the PLANNER/ENGINEER.
1.3 The PLANNER / ENGINEER acknowledges that the CITY, at the CITY's option, may
request proposals from other consultants to provide Transportation..Planning and
TransportationEngineering Services for the CITY. The CITY reserves the right to hire any
such other consultants to provide such services for City Projects.
1.4 The PLANNER/ENGINEER acknowledges that the CITY has retained other consultants,
PLANNER/ENGINEER and otherwise,and that coordination between said consultants and
the PLANNER / ENGINEER may be necessary from time to time for the successful
completion of work assignments. The PLANNER/ ENGINEER agrees to provide such
coordination as necessary within the Scope of Services as contained in Section 2,Paragraph
2.1 and 2.3.
1.5 The PLANNER / ENGINEER will maintain an adequate and competent staff of
professionally qualified persons throughout the performance of this Contract to ensure
acceptable and timely completion of work authorized by this Contract and such other work
as may be authorized by the issuance of a Work Order.
1.6 Requirements for signing and sealing all plans, reports and documents prepared by the
PLANNER / ENGINEER shall be governed by all Federal, State and Local laws and
regulations.
2
1.7 This Contract is for continuing Transportation Planning and Traffic Engineering Services for
CITY projects. It is also anticipated that other supporting technical services may be required
(such as mapping,drainage,utilities,survey,structural,general civil, etc.)and that separate
projects will be required of the PLANNER/ENGINEER during the term of this Contract.
SECTION II
SCOPE OF SERVICES
The PLANNER/ENGINEER shall diligently and in a professional and timely manner perform the
services described in Paragraph 2.1 and such other services as may be authorized by issuance of a
Work Order. Unless modified in writing by the parties hereto, duties of the PLANNER /
ENGINEER shall not be construed to exceed those set forth herein.
2.1 GENERAL PLANNING SERVICES
The PLANNER/ENGINEER agrees to perform professional Transportation Planning and
Traffic Engineering services to the CITY as directed by the City Designated Representative
in accordance with budgetary amounts approved by the Ocoee City Commission. Examples
of the services include, but are not limited to:
* Providing General Transportation Consulting Services;
* Assisting the CITY in developing a financially feasible Master Transportation Plan;
• Assisting the CITY with periodic updates to the Comprehensive Plan, Land
Development Code and Capital Improvements Plan;
* Performing individual traffic analysis (generation and distribution)for concurrency
management;
* Assisting the CITY in developing and maintaining a socio-economic data base;
• Performing traffic modeling in conjunction with road impact fee updates and
Comprehensive Plan Amendments;
• Providing annual traffic counts and other counts for special studies and traffic
operations analyses;
• Developing conceptual roadway plans for the CITY;
* Providing assistance working with other governmental agencies on transportation
related issues;
3
* Performing intersection analyses and other studies involving traffic operations;
* Reviewing traffic studies submitted through the concurrency process or for
alternative road impact fees;
* Developing access management plans for roads in the City; and
• Developing plans for bicycle, pedestrian, and transit ways in conjunction with
transportation planning.
* Ancillary engineering and survey services in support of the above.
2.2 SPECIAL PLANNING SERVICES •
In addition to the services authorized by Paragraph 2.1 the PLANNER/ENGINEER shall
perform such other professional Transportation Planning and Traffic Engineering Services
as may be authorized by a written Work Order by the CITY. Such services shall be
authorized in writing as Work Orders in accordance with Section 2, Paragraph 2.3. The
Work Orders may contain additional instructions or provisions specific upon certain aspects
of this Contract pertinent to the work to be undertaken. Such supplemental instructions or
provisions shall not be construed as a modification of this Contract.
2.3 WORK ORDERS' "SCOPE OF SERVICES"
Services to be performed by the PLANNER/ENGINEER as defined in Paragraph 2.2, with
authorization in a written Work Order by the CITY, shall include a Detailed Project
Description with an anticipated completion schedule. The PLANNER/ENGINEER shall
review Work Orders and notify CITY in writing of inadequacies for CITY correction. The
PLANNER/ENGINEER shall submit to the CITY a "Proposal" for the Work Order. The
PLANNER / ENGINEER's Proposal shall include a Detailed "Scope of Services for the
Work Order", Method(s) of Compensation, and PLANNER / ENGINEER's Schedule to
completion, and a listing of special Reimbursable Expenses.
2.3.1 It shall be the responsibility of the PLANNER/ENGINEER to provide a Detailed "Scope
of Services for the Work Order" so that the CITY's described/defined expectations of the
City Project can be achieved. Said "Scope of Services for the Work Order" shall be all
inclusive and shall incur all work required to complete the task of the Work Order.
4
2.3.2 The CITY shall review the PLANNER / ENGINEER'S "Scope of Services for the Work
Order" and delete items in the opinion of the CITY that are not to be done by the PLANNER
/ ENGINEER. The PLANNER / ENGINEER shall prepare and submit a new written
Proposal (minus the deleted items). The PLANNER/ENGINEER will not be responsible
for work or services for deleted items.
2.4 CHANGE ORDERS
Revisions to any Work Order shall be authorized in writing as a Change Order. Each Change
Order shall include: a schedule of completion for the work authorized, compensation and
methods of compensation. The Change Orders may contain additional instructions or
provisions specific upon certain aspects of this Contract pertinent to the work to be
undertaken. Such supplemental instructions or provisions shall not be construed as a
modification of this Contract.
SECTION III
CITY RIGHTS AND RESPONSIBILITIES
The CITY shall provide the services described below in a timely fashion at no cost to the
PLANNER/ENGINEER: -
3.1 The CITY shall furnish a CITY Designated Representative or a so mentioned designee, as
appointed by the Designated Representative to administer, review and coordinate all work
undertaken by the PLANNER/ENGINEER in accordance with this Contract.
3.2 Furnish the PLANNER/ENGINEER with existing data,records,maps,plans,specifications,
reports, fiscal data, and other Planning information that is available in the CITY's files,
necessary or useful to the PLANNER/ENGINEER for the performance of the Work. All
such documents conveyed by the CITY shall be and remain the property of the CITY and --
shall be returned to the CITY upon completion of the Work to be performed by the
PLANNER/ENGINEER.
3.3 Make CITY personnel available where required and necessary to assist the PLANNER/
ENGINEER. The availability and necessity of said personnel to assist the PLANNER /
ENGINEER shall be determined solely at the discretion of the CITY.
3.4 Provide access to, and make provisions for, the PLANNER / ENGINEER to enter upon
public and private lands as required for the PLANNER/ENGINEER, within a reasonable
time,to perform work as necessary to complete the Work Order.
5
3.5 Examine all reports,sketches,drawings,estimates,proposals,and other documents presented
by the PLANNER/ ENGINEER and render decisions, in writing, indicating the CITY's
approval or disapproval within a reasonable time so as not to materially delay the work of
the PLANNER/ENGINEER.
3.6 Transmit instructions, relevant information, and provide interpretation and definition of
CITY policies and decisions with respect to design materials,and other matters pertinent to
the work covered by this Contract.
3.7 Give prompt written notice to the PLANNER/ENGINEER whenever the CITY observes,
or otherwise becomes aware of, any development that affects the scope of, timing of the
PLANNER/ENGINEER'S services, or becomes aware of any defect or changes necessary
in the work of the PLANNER/ENGINEER.
3.8 In the event the CITY fails to comply with the terms and conditions of this section, the
PLANNER/ENGINEER shall notify the CITY's designated representative in writing so that
the CITY may take remedial action.
SECTION IV
COMPENSATION
4.1 GENERAL
Compensation to the PLANNER/ENGINEER for services performed shall be in accordance
with one of the following methods of compensation, as defined and indicated herein:
a. Lump Sum Method
b. Closed End Hourly
The type and amount of compensation for services requiring a Work Order shall be described
on the Work Order. The type and amount of compensation ed not-to-exceed exceed services described
cases wher in e the
2.1 shall be Closed End Hourly with a specified
CITY deems it appropriate.
4.2 LUMP SUM METHOD
4.2.1 Lump sum compensation shall be the total fixed price amount payable under the Lump Sum
Method(including all payroll costs,overhead costs, other direct costs,fees, subconsultants'
and specialist costs for the services to be provided in the Work Order unless there is a change
in the scope of work, or other conditions stipulated in any Change Order, and the Work
Order is modified by such Change Order.
6
4.2.2 Payment to the PLANNER/ENGINEER for services performed for a Work Order under the
Lump Sum Method shall be monthly in proportion/to the ENGINEER o percentage n a progrork completed
ess report and
during the month as documented by the PLANNER
accepted by the CITY.
4.3 CLOSED END HOURLY
4.3.1 Compensation for services performed under the Closed End Hourly method shall be based
on the hours worked by PLANNER/ENGINEER directly on the Work. Attached"Exhibit
A" Professional Hourly Rate Schedule for professional, technical, planning and other
personnel of the PLANNER/ENGINEER shall be used for hourly rates. Rates in Exhibit
"A" shall include all Salary Costs,Benefit Costs,Benefit Costs,General and Administrative
Overhead Costs and PLANNER/ENGINEER'S markup.
4.3.2 Total Compensation for any specific Work shall not exceed the approved Work Order Total
without written approval from the CITY.
4.3.3 Reimbursable Expenses for a Work Order under the Closed End Hourly method shall be
submitted for approval with the Work Order. No additional Expenses shall be accepted,
unless approved in writing by the CITY.
4.3.4 Payment to the PLANNER/ENGINEER for services performed and Reimbursable Expenses
for continuing work assignments under the Closed End Hourly method:shall be for actual
hours worked and expenses incurred during the month as documented by PLANNER /
ENGINEER and accepted by the CITY.
4.4 INVOICE PROCESS
Invoices,which are in an acceptable form and without disputable items that are received by
the CITY will be processed for payment within thirty(30)days of receipt by the CITY. The
PLANNER / ENGINEER will be notified of any disputable items contained in invoices
submitted by the PLANNER/ENGINEER within fifteen(15) days of receipt by the CITY
with an explanation of the deficiencies. The CITY and the PLANNER/ENGINEER will
make every effort to resolve all disputable items contained in the PLANNER/ENGINEER'S
invoices. Revised invoices received by the CITY will be processed for payment within thirty
(30) days of receipt by the CITY. Each invoice shall reference the appropriate Work Order
and Change Order if applicable.
INVOICES ARE TO BE FORWARDED DIRECTLY TO DIRECTOR OF FINANCE.
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
7
4.5 PAYMENT IN THE EVENT OF CONTRACT TERMINATION OR SUSPENSION
In the event that a Work Order or this Contract is terminated or canceled,or the PLANNER
/ ENGINEER'S services are suspended on a Change Order to the Work Order prior to
completion, payment shall be made in accordance with provisions of Section 8,Paragraph
4.
4.6 ADDITIONAL COMPENSATION FOR CHANGE IN SCOPE OF WORK
If instructed to do so by the CITY,the PLANNER/ENGINEER shall change or revise work
that has been performed and if such work not the PLANired as a NER/ENGIt of error, omission or
INEER may be entitled
negligence of the PLANNER/ENGINEER,
to additional compensation. The PLANNER/ENGINEER must submit for CITY approval
a revised proposal with a revised fee quotation. Additional compensation, if any, shall be
agreed upon before commencement of any such additional work and shall be incorporated
into the Work by Change Order to the Work Order.
4.7 NON-PAYMENT BY CITY
In the event the CITY fails to provide compensation under the terms and conditions of this
contract,the PLANNER/ENGINEER shall notify the CITY's designated representative in
order that the CITY may take remedial action.
SECTION V
WORK COMMENCEMENT/IMPLEMENTATION
SCHEDULE/LENGTH OF CONTRACT
5.1 WORK COMMENCEMENT
The PLANNER / ENGINEER shall commence work on each general planning services
assignment within three (3) days and each project requiring a Work Order within ten (10)
days after receipt by the PLANNER/ENGINEER of a written notice-to-proceed from the
CITY's Designated Representative. If the PLANNER/ENGINEER fails to commence work
within the ten(10)day period for a Work Order, then the CITY shall have the right to seek
other firms for the services required.
•
5.2 IMPLEMENTATION SCHEDULE
The PLANNER/ENGINEER and the CITY agree to make every effort to adhere to the
schedule established for any general planning services assignment and for services described
in each Work Order.
8
In the event the work of the PLANNER/ ENGINEER is delayed, due to no fault of the
PLANNER/ENGINEER,which delays the completion of any Work Order,the PLANNER
/ ENGINEER shall be entitled to an appropriate extension of the contract time for the
specific Work Order.
Additional compensation to the PLANNER / ENGINEER will be negotiated by mutual
agreement of the CITY and the PLANNER/ENGINEER in the event such delay causes any
Work Order's costs to increase for reasons beyond the PLANNER/ENGINEER'S control.
5.3 LENGTH OF CONTRACT
This contract shall be for a one(1)year period from its date of execution. The Contract may
be extended for two additional one year period(s) upon the written mutual consent of the
PLANNER/ENGINEER and CITY. Such extension shall only be by written Amendment
to this Contract and must be agreed to at least 30 days prior to the expiration of each term.
SECTION VI
CITY'S DESIGNATED REPRESENTATIVE
6.1 GENERAL
The CITY designates the City Manager or his designated representative, to represent the
CITY in all matters pertaining to and arising from the work and performance of this
Contract. The City Manager or his designated representative shall have the following
responsibilities:.
6.1.1 Examination of all reports, sketches, drawings, estimates, proposals and other documents
presented by the PLANNER/ENGINEER and rendering, in writing, decisions indicating
the CITY's approval or disapproval within a reasonable time so as not to materially delay the
work of the PLANNER/ENGINEER;
6.1.2 Transmission of instructions, receipt of information, and interpretation and definition of
CITY's policies and decisions with respect to design,materials,and other matters pertinent
to the work covered by this Contract;
6.1.3 Giving prompt written notice to the PLANNER/ENGINEER whenever the CITY observes,
or otherwise becomes aware of, any defects or changes necessary in the project; and
6.1.4 Following the PLANNER / ENGINEER's preparation of any necessary applications to
governmental bodies,to arrange for submission of such applications.
9
6.2 DESIGNATED REPRESENTATIVES
Until further notice from the City Manager,the Designated Representative for this Contract
is:
Russell B. Wagner --
Director of Planning
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Phone: (407) 656-2322, extension 1021
SECTION VII
CHANGES IN SCOPE OF SERVICES
The CITY or the PLANNER/ENGINEER may request changes in the Scope of Services
of a Work Order. Such changes, including any increase or decrease in the amount of
PLANNER / ENGINEER's compensation for any Work Order pursuant to Section 4 -
Compensation which are mutually agreed upon by and between the CITY and the
PLANNER/ENGINEER, shall be incorporated by Change Order to the Work Order.
SECTION VIII
TERMINATION/SUSPENSION OF CONTRACT
8.1 TERMINATION BY CITY FOR CAUSE
The City may terminate this Contract or any Work Order for any one or more of the
following reasons:
8.1.1 If adequate progress on any phase of work is not being made by the PLANNER / --
ENGINEER as a direct result of the PLANNER/ENGINEER's failure to perform; or
8.1.2 The quality of the services performed by the PLANNER/ENGINEER is not in conformance
with commonly accepted design codes and standards, standards of the CITY, and the
requirements of Federal and/or State regulatory agencies,and the PLANNER/ENGINEER
has not corrected such deficiencies in a timely manner following notice from the CITY,and
• the particular services involved are considered by the CITY to be essential to the proper
completion of any work assignment; or
10
8.1.3 The PLANNER/ENGINEER or any employee or agent of the PLANNER/ENGINEER is
indicted or has a direct charge issued against him for any crime arising out of or in
conjunction with any work that has been performed by the PLANNER/ENGINEER; or
8.1.4 The PLANNER / ENGINEER becomes involved in either voluntary or involuntary
bankruptcy proceedings or makes an assignment for the benefit of creditors; or
8.1.5 The PLANNER/ENGINEER violates the Standards of Conduct provisions of Section 13
herein.
8.1.6 In the event of any of the causes described in Section 8.1, the CITY's Designated
Representative may send a certified letter to the PLANNER/ENGINEER requesting that
the PLANNER/ENGINEER show cause why the Contract or any Work Order should not
be terminated. If adequate assurance or acceptable reasons are not given to the CITY within
fifteen(15)days of the receipt by the PLANNER/ENGINEER of said notice,the CITY may
consider the PLANNER/ENGINEER to be in default and may then immediately terminate
this Contract or any Work Order in progress under this Contract.
8.2 TERMINATION BY PLANNER/ENGINEER FOR CAUSE
The PLANNER/ENGINEER may cancel this Contract if:
8.2.1 The CITY fails to meet its obligations and responsibilities as contained in Section 3 - City's
Rights and Responsibilities; or
8.2.2 The CITY fails to pay the PLANNER / ENGINEER in accordance with Section 4 -
Compensation:
8.2.3 In the event of either of the causes described in Section 8.2, the PLANNER/ENGINEER
shall send a certified letter requesting that the CITY show cause why the contract should not
be terminated. If adequate assurances are not given to the PLANNER/ENGINEER within
fifteen(15)days of the receipt by the CITY of said notice,then the PLANNER/ENGINEER
may consider the CITY to be in default and may immediately terminate this Contract.
8.3 TERMINATION BY CITY WITHOUT CAUSE
Notwithstanding any other provision of this Contract,the CITY shall have the right at any
time to terminate this Contract in its entirety without cause,or terminate any specific Work
Order without cause,if such termination is deemed by the CITY to be in the public interest,
provided that thirty (30) days prior written notice is given to the PLANNER/ENGINEER
11
of the CITY's intent to terminate. In the event that this contract is terminated,the CITY shall
identify any specific Work Orders being terminated and the specific Work Order(s) to be
continued to completion pursuant to the provisions of this Contract. This Contract will
remain in full force and effect as to all authorized Work Orders which are to be continued
to completion.
8.4 PAYMENT IN THE EVENT OF TERMINATION
In the event this Contract or any Work Order is terminated or canceled prior to final
completion without cause, payment for the unpaid portion of the services and reasonable
costs of closures of the Contract and any Work Order provided by the PLANNER /
ENGINEER to the date of termination and any additional services thereafter will be
determined by negotiation between the CITY and the PLANNER/ENGINEER. No amount
shall be allowed for anticipated profit on unperformed services or other work. In the event
of termination for cause,the CITY may adjust any payment to take into account any addition
al costs to be incurred by the CITY due to such default.
8.5 ACTION FOLLOWING TERMINATION
8.5.1 Upon receipt of notice of termination given by either party, the terminated party shall
promptly discontinue all services and other work unless the notice provides otherwise.
8.5.2 In the case of the CITY terminating the PLANNER / ENGINEER, the PLANNER /
ENGINEER shall within ten(10)days,or any extensions as approved by the CITY, deliver
to the CITY all reports, drawings,plans, specifications, and other data and documents that
have been obtained or prepared by the PLANNER/ENGINEER in performing the services
under this Contract regardless of whether the work on such documents has been completed
or is in progress.
8.6 SUSPENSION
8.6.1 The performance of the PLANNER/ENGINEER's service for any work under this Contract
may be suspended by the CITY at any time. In the event the CITY suspends the
•
performance of the PLANNER/ENGINEER's services hereunder,the CITY shall so notify
the PLANNER/ENGINEER in writing,such suspension becoming effective upon the date
of its receipt by the PLANNER / ENGINEER, and the CITY shall promptly pay to the
PLANNER/ENGINEER all compensation which has become due to and payable to the
PLANNER/ENGINEER to the effective date of such suspension. The CITY shall thereafter
have no further obligation for payment to the PLANNER/ENGINEER for the suspended
services unless and until the CITY notifies the PLANNER/ENGINEER that the services
of the PLANNER/ENGINEER called for hereunder are to be resumed.
12
Upon receipt of written notice from the CITY that the PLANNER/ENGINEER'S services
hereunder are to be resumed,the PLANNER/ENGINEER shall complete the services of the
PLANNER/ENGINEER called for in the original work assignment or Work Order, and the
PLANNER/ENGINEER may,in that event,be entitled to payment of the remaining unpaid
compensation subject to the terms and conditions of the Work Order and this Contract.
8.6.2 If the aggregate time of the CITY's suspension or suspensions of the PLANNER /
ENGINEER's services exceeds ninety(90) days,then the PLANNER/ENGINEER and the
CITY shall, upon written request of the PLANNER / ENGINEER, meet to assess the
services performed hereunder up to the time of such meeting, the services remaining to be
performed, and the total compensation paid to the PLANNER / ENGINEER hereunder.
During such meeting, the parties shall have the option of negotiating a change in
compensation to be paid to the PLANNER/ENGINEER for the balance of the services to
be performed hereunder. No increase in compensation to the PLANNER/ENGINEER shall
be allowed unless it is based upon clear and convincing evidence of an increase in the
PLANNER/ENGINEER's costs attributable to the aforesaid suspensions.
SECTION IX
CLAIMS AND DISPUTES/REMEDIES
9.1 CLAIMS AND DISPUTES
Any claims,disputes,and/or matters in question between the parties arising out of or relating
to this Contract, including claims for extra compensation , shall be filed in writing by the
aggrieved party to the other party within forty-five(45) days of its occurrence. Should such
claims not be formally submitted within said forty-five(45) day period,the aggrieved party
agrees to not make such claim against the other party at any time in the future.
SECTION X
INDEMNITY AND INSURANCE
10.1 GENERAL
If any claims are made against the CITY, including its agents and/or employees, or if the
CITY is sued or held liable in any manner whatsoever as a result of, or by reason of,
negligent actions or omissions,breach of contract or negligent violations of any applicable
law,rule or regulation by the PLANNER/ENGINEER in connection with the rendering of
services to the CITY under this Contract,then the PLANNER/ENGINEER will indemnify
and save the CITY and its agents and/or employees harmless from and against any and all
liability for damages, compensations, suits,judgments, loss, costs, charges and expenses
whatsoever,including reasonable attorney's fees, expert witness'fees,and court costs,which
they shall or may at any time sustain, resulting from any such negligent act, error or
13
omission. To the extent that the CITY, Agents or Employees are determined to be at fault
as a contributing cause in whole or in part of such loss, PLANNER / ENGINEER'S
obligations to indemnify under this Section shall be reduced by the percentage of the
contributing fault attributable to the CITY.
10.2 INSURANCE
The PLANNER / ENGINEER will obtain or possess and continuously maintain the
following insurance coverage from a company or companies with a Best Rating of A- or
better, authorized to do business in the State of Florida, and will provide Certificates of
Insurance to the CITY naming the CITY as additional insured, evidencing such insurance
prior to the issuance of the first work assignment under this Contract with the CITY.
The insurance coverage shall contain a provision which requires, that prior to any changes
or cancellations in the coverage, ten (10) days prior notice will be given to the CITY by
submission of a new Certificate of Insurance.
10.2.1 Worker's Compensation-the PLANNER/ENGINEER will provide Worker's Compensation
for all employees and, in case any work is subcontracted,will require the Subcontractor to
provide the Worker's Compensation for all his employees. The minimum limits will be
statutory for Worker's Compensation and One Hundred Thousand Dollars ($100,000.)for
Employer's Liability.
10.2.2 Comprehensive General Liability-the PLANNER/ENGINEER will provide coverage for
all operations including,but not limited to,Contractual,Products and Completed Operations,
and Personal Injury. The limits will be not less than Five Hundred Thousand Dollars
($500,000.) Combined Single Limit(CSL) or its equivalent.
10.2.3 Comprehensive Automobile Liability-the PLANNER/ENGINEER will provide coverage
for all owned and nonowned vehicles for limits of not less than Five Hundred Thousand
Dollars ($500,000.) Combined Single Limit(CSL) or its equivalent.
10.2.4 Professional Liability Insurance-Annual Professional Liability Insurance will be maintained
with coverage in the amount of Fifty Thousand Dollars($50,000.)with a deductible of Five
Thousand Dollars ($5,000) .
Said Professional Liability Insurance shall provide for all sums which the PLANNER /
ENGINEER shall be obligated to pay as damages for claims arising out of the services
provided or performed by the PLANNER/ENGINEER in conjunction with this Contract,
or for which the PLANNER/ENGINEER is responsible.
14
10.2.5 The PLANNER/ENGINEER shall furnish Certificate of Insurance directly to the following:
City of Ocoee
Finance Department
150 N. Lakeshore Drive
- Ocoee, FL 34761 -
with informational copy to the City of Ocoee Risk Management Department. The
certificates shall clearly indicate that the PLANNER/ENGINEER has obtained insurance
of the type, amount, and classification required by these provisions.
SECTION XI
NEGOTIATION DATA
The PLANNER/ENGINEER hereby certifies, covenants and warrants that wage rates and other
cost data supporting the compensation provided for in this Contract are accurate, complete and
current as of the date of negotiation of the Compensation terms contained in this Contract. It is
further agreed that the PLANNER/ENGINEER's compensation under this Contract may be adjusted
to exclude any significant sums where the City determines the PLANNER / ENGINEER's
compensationwas increased due to inaccurate or incomplete wage rates and other factual unit costs.
All such price adjustments shall be made prior to the end of this Contract. Records of cost incurred
under the terms of this Contract shall be maintained and made available to the CITY during the
period of this Contract and for three (3)years after final payment is.made.
Copies of these documents and records shall be furnished upon request to the CITY at no cost.
15
SECTION XII
OWNERSHIP OF DOCUMENTS/COMPUTER FILES
It is understood and agreed that all Documents, including the detailed reports, plans, original
drawings,survey field notebooks,and all other data other than working papers,prepared or obtained
by the PLANNER/ENGINEER in connection with its services hereunder, are the property of the
CITY and shall be delivered to the CITY prior to final payment to the PLANNER/ENGINEER.
In addition, all computer files used to prepare the documents shall be delivered to the CITY on an
acceptable media to the CITY prior to final payment to the PLANNER / ENGINEER. The
PLANNER / ENGINEER may retain reproducible copies of all Documents for its files. All
Documents, including drawings prepared by the PLANNER / ENGINEER pursuant to this
Contract, are instruments of service in respect to the services described in the Work Order. They
are not intended or represented to be suitable for reuse by the CITY or others on extensions of the
services performed under this Contract or on any other project. Any reuse without written
verification or adoption by the PLANNER/ENGINEER for the specific purpose intended will be
at the CITY's sole risk and without liability or legal exposure to the PLANNER/ENGINEER, and
the CITY shall, to the extent permitted by law, indemnify and hold harmless the PLANNER /
ENGINEER from all claims,damages,losses and expenses including attorney's and expert witness
fees arising out of or resulting there from. Any such verification or adoption by the PLANNER/
ENGINEER will entitle the PLANNER/ENGINEER to further compensation at rates to be agreed
upon by the CITY and the PLANNER / ENGINEER. Any documents given to or prepared or
assembled by the PLANNER/ENGINEER and its subcontractors under this Contract shall be kept
solely as property of the CITY and shall not be made available to any individuals or organizations
without the prior written approval of the CITY except to the extent copies may be made pursuant
to the Public Records Act. The PLANNER / ENGINEER may maintain copies of all work
performed under this Contract for the CITY.
SECTION XIII
STANDARDS OF CONDUCT
13.1 The PLANNER/ENGINEER warrants that it has not employed or retained any company
or person,other than a bonafide employee working solely for the PLANNER/ENGINEER,
to solicit or secure this Contract and that the PLANNER/ENGINEER has not paid or agreed
to pay any person,company,corporation,individual or firm other than a bonafide employee
working solely for the PLANNER/ENGINEER,any fee,commission,percentage, gift,or
any other consideration, contingent upon or resulting from the award of making this
Contract.
13.2 The PLANNER/ENGINEER shall not discriminate on the grounds of race,color,religion,
sex, or national origin in the performance of work under this Contract.
16
13.3 The PLANNER/ENGINEER hereby certifies that no undisclosed conflict of interest exists
with respect to the present Contract,including any conflicts that may be due to representation
of other clients, other contractual relationships of the PLANNER./ ENGINEER, or any
interest in property which the PLANNER / ENGINEER may have. The PLANNER /
ENGINEER further certifies that any apparent conflict of interest that arises during the term
of this contract will be immediately disclosed in writing to the CITY. The PLANNER/
ENGINEER shall immediately notify the CITY in writing,prior to entering into any contract
or performing any work for Orange County or the City of Winter Garden. The CITY shall
determine whether such contract or work will constitute a conflict of interest with respect to
this Contract.
Violation of this Section will be considered as justification for immediate termination of this
Contract under the provisions of Section 8.1.
13.4 If the CITY determines that any employee or representative of the PLANNER/ENGINEER
is not satisfactorily performing his assigned duties or is demonstrating improper conduct
pursuant to any assignment under this Contract, the CITY shall so notify the PLANNER/
•
ENGINEER in writing. The PLANNER / ENGINEER shall immediately remove such
employee or representative of the PLANNER/ENGINEER from such assignment.
13.5 The PLANNER/ENGINEER shall not publish any documents or release information to the
media without prior approval of the CITY.
SECTION XIV
ACCESS TO RECORDS/AUDIT
14.1 The PLANNER/ ENGINEER shall maintain books, records, documents, time and cost
accounts and other evidence directly related to its performance of services under this
Contract. All time records and cost data shall be maintained in accordance with generally
accepted accounting principles. The PLANNER / ENGINEER shall also maintain the
financial information and data necessary to determine overhead rates in accordance with the
requirement of Federal and State regulatory agencies and this Contract. The CITY, or any
of its duly authorized representatives,shall have access within twenty-four(24)hours notice
to such books, records, documents, and other evidence for inspection, audit and copying.
Copying of the PLANNER/ENGINEER's books,records,documents,time records and cost
accounts and other evidence shall be at the PLANNER/ENGINEER's expense.
17
14.2 The PLANNER/ENGINEER shall maintain and allow access to the records required under
this Section for a period of three(3)years after the completion of the services provided under
this Contract and date of final payment for said services, or date of termination of this
Contract as may have been exercised under Section 8 herein.
SECTION XV
CODES AND DESIGN STANDARDS
15.1 All the services to be performed by the PLANNER/ENGINEER shall at a minimum be in
conformance with commonly accepted design codes and standards,standards of the CITY,
and the regulations of any Federal and/or State and/or regulatory agencies.
15.2 The PLANNER/ENGINEER shall be responsible for keeping appraised of any current or
changing codes or regulations which must be applied to the work assignments and Work
Orders to be performed under this Contract. Any new codes or regulations becoming
effective subsequent to the effective date of a Work Order shall be the subject of negotiation
for an increase in scope and compensation by Change Order to the Work Order.
SECTION XVI
ASSIGNABILITY
The PLANNER/ENGINEER shall not sublet,assign or transfer any interest in this Contract,except
for claims for the money due or to become due,which may be assigned to a bank, trust company,
or other financial institution without CITY approval. Notice of such assignment or transfer shall be
furnished promptly to the CITY.
SECTION XVII
CONTROLLING LAWS
This Contract is to be governed by the laws of the State of Florida.
18
SECTION XVIII
FORCE MAJEURE
Neither party shall be considered in default in performance of its obligations hereunder to the extent
that performance of such obligations, or any of them, is delayed or prevented by Force Majeure.
Force Majeure shall include, but not be limited to, hostility, revolution, civil commotion, strike,
epidemic,fire, flood,wind, earthquake,explosion,any law,proclamation,regulation,or ordinance
or other act of government,or any act of God or any cause whether of the same or different nature,
existing or future; provided that the cause whether or not enumerated in this Section is beyond the
control and without the fault or negligence of the party seeking relief under this Section.
SECTION XIX
EXTENT OF CONTRACT
19.1 This Contract, together with the Exhibits hereinafter identified and listed in Section 19.2,
constitute the entire Agreement between the CITY and the PLANNER/ ENGINEER and
supersede all prior written or oral understandings in connection therewith. This Contract
may only be amended, supplemented or modified by a formal amendment.
19.2 The Exhibits made part of this Contract are as follows:
Exhibit A-Professional Hourly Rate Schedule
IN WITNESS WHEREOF, the CITY and the PLANNER/ENGINEER have executed this
Contract to become effective on the day and year first written above.
ATTEST: APPROVED:
N4- 1SSA-NccPc vIuG- God0p
itness (`,G,c„ff (.ii•`&„.. eh vi.a.api,et, f4- �t ck
Vi ce_�rec� �-�--
(SEAL)
19
ATTEST: APPROVED:
CITY OF OCOEE,FLORIDA
0,\LAslt,
Je Grafton, City Cl rk S. Scott Vandergrift,Mayo
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING HELD
APPli9tVED AS TO FOR11I AND LEGALITY ON ec_ 7101
this day of f! f , 2000. UNDER AGENDA ITEM NO.
FOLEY & LARDNER
rj
By:
City Attorney
20
EXHIBIT A
City of Ocoee Continuing Transportation Planning Services
Professional Hourly Rate Schedule
Contract Year One
March 10,2000
Operating Burdened
Firm/Classification Base Rate Overhead Margin Rate
Renaissance Planning Group
Responsible Officer $44.42 161.0% 12.0% $129.85
Project Manager $31.30 161.0% 12.0% $91.50
Transportation Planner $20.70 161.0% 12.0% $60.51
Senior GIS Analyst $20.70 161.0% 12.0% $60.51
Planning Technician/Clerical $10.50 161.0% 12.0% $30.69
GMB Engineers&Planners
Project Manager $44.23 148.1% 10.0% $120.69
Project Engineer $29.57 148.1% 10.0% $80.69
Traffic Analyst $18.75 148.1% 10.0% $51.16
Draftsperson $15.00 148.1% 10.0% $40.93
Traffic Technician $10.00 148.1% 10.0% $27.29
Clerical $10.00 148.1% 10.0% $27.29
TEI
Senior Project Manager $42.14 175.5% 12.0% $130.02
Project Manager $37.28 175.5% 12.0% $115.02
Project Engineer/Planner $29.17 175.5% 12.0% $90.00
Engineer/Planner $25.93 175.5% 12.0% $80.00
Senior Designer $21.07 175.5% 12.0% $65.01
Designer $17.83 175.5% 12.0% $55.01
Sr.Technician $14.59 175.5% 12.0% $45.02
Technician $10.37 175.5% 12.0% $32.00
Clerical $11.35 175.5% 12.0% $35.02
Out-of-Pocket Expenses:
Mileage $0.31 per mile
Color copies $1.00 per 8.5"x 11"copy
B/W copies $0.06 per 8.5"x 11"copy
Ovemight/courier delivery $15