HomeMy WebLinkAboutItem E(06) Award of RFQ#0404 Continuing Contracts for Engineering Services ,she center of Good Lip
AGENDA ITEM COVER SHEET
Meeting Date: 10/19/04
Item # 6
Reviewed By:
Contact Name: Joyce Tolbert Department Director:
Contact Number: 1516 City Manager:
Subject: Award of RFQ#0404 Continuing Contracts for Engineering Services
Background Summary:
The City's continuing contracts for engineering services have either expired or are non-existent. In compliance with
State Statutes Section 287.055 and the policies and procedures of the City of Ocoee Code Chapter 21,a Request for
Qualifications(RFQ)was advertised with the intention to award continuing contracts engineering services to no fewer
than three(3)firms deemed to be the most highly qualified to perform the required services.
Firms selected by the City will provide engineering services to the City on an as needed basis, where the professional
fees are under $50,000 and construction costs are under $1 million, based upon task orders to be issued by the City
under the continuing contracts. The contracts shall automatically be renewed annually unless terminated by the City, for
a maximum of five(5)years from the date of execution.
Issue:
Award Continuing Contracts for Engineering Services to the three(3) short-listed firms recommended by the Selection
Committee.
Recommendations
Staff recommends that the City Commission award three(3)Continuing Contracts for RFQ#0404 to DRMP Dyer,
Riddle,Mills,&Precourt,Professional Engineering Consultants (PEC),and PBS&J Post,Buckley, Schuh&
Jernigan,as the top three(3) short-listed firms,and to authorize Staff to proceed with contract negotiations with the
selected firms, and authorize the Mayor, City Clerk,and staff to execute all necessary contract documents with these
firms.
Per State of Florida CCNA Act Statute 287.055, if contract negotiations are unsuccessful with the top-ranked firm, staff
shall terminate negotiations, and initiate negotiations with the second-ranked firm, and so on,until an agreement is
reached.
Attachments:
1. RFQ #0404
2. Letters of Interest
3. RFQ Checklist
4. RFQ Tabulations
5. Draft of Contract
Financial Impact:
None
Type of Item:
❑ Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading 0 Consent Agenda
❑ Ordinance First Reading 0 Public Hearing
❑ Resolution 0 Regular Agenda
❑ Commission Approval
❑ Discussion&Direction
❑ Original Document/Contract Attached for Execution by City Clerk
• Original Document/Contract Held by Department for Execution
Reviewed by City Attorney ❑ N/A
Reviewed by Finance Dept. ❑ N/A
Reviewed by ( ) ❑ N/A
Mayor center of Good Ljp Commissioners
�be :�S. Scott er rift
Danny Howell, District 1
Scott Anderson, District 2
City Manager Rusty Johnson, District 3
Robert Frank — Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Joyce Tolbert, Purchasing Agent
DATE: October 8, 2004
RE: Award of RFQ#0403 Continuing Contracts for Surveying and Mapping Services
ISSUE
Award Continuing Contracts for Engineering Services to the three(3) short-listed firms recommended by the Selection
Committee.
BACKGROUND/DISCUSSION
The City's continuing contracts for engineering services have either expired or are non-existent. In compliance with State
Statutes Section 287.055 and the policies and procedures of the City of Ocoee Code Chapter 21,a Request for
Qualifications(RFQ)was advertised with the intention to award continuing contracts engineering services to no fewer
than three(3) firms deemed to be the most highly qualified to perform the required services.
Firms selected by the City will provide engineering services to the City on an as needed basis, where the professional fees
are under$50,000 and construction costs are under$1 million,based upon task orders to be issued by the City under the
continuing contracts. The contracts shall automatically be renewed annually unless terminated by the City, for a maximum
of five(5)years from the date of execution.
The Finance Department reviewed the qualification packages and all were considered responsive. Complete copies of all
qualification packages are available in the Finance Department for your review. All seventeen(17)qualification packages
were evaluated by the RFQ Selection Committee, which consisted of five(5)members: Commissioner Scott Anderson;
David Wheeler,Utilities Director; Robert Zaitooni, Public Works Director; Russ Wagner,Community Development
Director; and Donald Carter,Finance Manager.
The public RFQ selection committee meeting was held on Monday, October 4, 2004, with each member of the Selection
Committee evaluating and ranking the firms from 0-100 points on specific evaluation criteria, with a total of 500 possible
points.Please see the attached evaluation form. There was a tie for 3rd place, and after discussion,the Selection Committee
opted to add the fourth ranked firm to the short-list. The top three(3)recommended short-listed firms and their rankings
are as follows:
1.DRMP Dyer Riddle Mills&Precourt 435 Points
2. PEC Professional Engineering Consultants 431 Points
3.PBS&J Post Buckley Schuh&Jernigan 399 Points
4. Hartman&Associates 406 Points
4. VHB Vanassee Hangen Brustlin 406 Points
5. GAI Consultants 394 Points
6. WCG/Neel-Schaffer 384 Points
7. PB Parsons Brinckerhoff 380 Points
8. Avcon 357 Points
9. Berryman&Henigar 356 Points
10. CES 344 Points
10. EMS Scientists Engineers 344 Points
11. GMAK 340 Points
12. Reiss Environmental 339 Points
13. Engineering&Environmental Design 329 Points
14. F.R. Aleman&Associates 309 Points
15. Pickett&Associates 303 Points
Mayor center of Good Llvl�g Commissioners
S. Scott Vandergrift _ '' Danny Howell, District 1
kk
Scott Anderson District 2
City Manager Rusty Johnson, District 3
Robert Frank Nancy J. Parker, District 4
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS
(RFQ) #0404
CONTINUING CONTRACTS FOR
ENGINEERING SERVICES
City of Ocoee• 150 N Lakeshore Drive•Ocoee, Florida 34761
phone: (407)905-3100• fax: (407)656-8504•www.ci.ocoee.fl.us
LEGAL ADVERTISEMENT
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS "RFQ"#0404
CONTINUING CONTRACTS FOR ENGINEERING SERVICES
Ocoee City Commission
The City of Ocoee, Florida, in conformance with the Consultants' Competitive Negotiations Act
(CCNA), Florida Statutes Section 287.055,et seq. and the policies and procedures of the City of
Ocoee (City) is soliciting statements of qualifications from qualified professional engineering
firms that are interested in providing general engineering services for planning and public works
projects for studies, design, plans production, construction management, and other miscellaneous
engineering and planning projects.
The City intends to award continuing contracts to no fewer than three (3) firms deemed to be the
most highly qualified to perform the required services. In determining whether a firm is
qualified, the City shall consider such factors as the ability of professional personnel; whether a
firm is a certified minority business enterprise; past performance; willingness to meet time and
budget requirements; location; recent, current, and projected workloads of the firms; and the
volume of work previously awarded to each firm by the City, with the object of effecting an
equitable distribution of contracts among qualified firms, provided such distribution does not
violate the principle of selection of the most highly qualified firms. Firms selected by the City
will provide engineering services to the City on an as needed basis, based upon task orders to be
issued by the City under the continuing contracts. The contracts shall automatically be renewed
annually unless terminated by the City in writing, for a maximum of five years from the date of
the execution.
Qualification packages must be received no later than 2:00 p.m. (local time) on August 18,
2004. Any qualification packages received after the above noted time will not be accepted under
any circumstances. Any uncertainty regarding the time a qualification package is received will
be resolved against the Respondent. Qualification packages submitted after this designated time
will be returned unopened.
Firms or companies interested in providing the engineering services shall submit one (1) original
and five (5) copies of their qualifications to the City of Ocoee Finance Department by the
submission deadline to the attention of:
Joyce Tolbert, Buyer
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Phone: (407) 905-3100 x 1516
FAX number: (407) 656-3501
j tolbert@ci.ocoee.flus
RFQ0404 2
No fax or electronic submissions will be accepted.
The City through written inquiries directed to Joyce Tolbert, Buyer, will receive questions
regarding the RFQ. Deadline for receipt of written inquiries will be August 9,2004.
Interested firms may secure a copy of the RFQ documents through Demandstar by accessing the
City's website at www.ci.ocoee.fl.us under Bids/Vendors, or copies are available from the contact
person identified above for a non-refundable reproduction and/or administrative fee of
$20.00. Checks should be made payable to the City of Ocoee. Copies via e-mail are not
available and partial sets of RFQ documents will not be issued.
Firms or companies interested in providing the engineering services may be disqualified if they
have contacts with the Mayor, City Commissioners, or any City staff other than person identified
above about the RFQ during the submission or selection process.
Pursuant to Section 287.133(2)(a), Florida Statutes, interested firms who have been placed on the
convicted vendor list following a conviction for public entity crimes may not submit a proposal
on a contract to provide services for a public entity, may not be awarded a consultant contract
and may not transact business with a public entity for services, the value of which exceeds
$15,000 for a period of 36 months from the date of being placed on the convicted vendor list.
City Clerk July 18, 2004
RFQ0404 3
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS "RFQ"#0404
CONTINUING ENGINEERING SERVICES
TYPICAL SCOPE OF SERVICES:
The City of Ocoee, Florida, in conformance with the Consultants' Competitive Negotiations Act
(CCNA), Florida Statutes Section 287.055, and the policies and procedures of the City of Ocoee
(City) is soliciting statements of qualifications from qualified professional engineering firms that
are interested in providing general engineering services for various planning and public works
studies, design, plans production, and construction management services.
The City intends to award continuing contracts to no fewer than three firms deemed to be the
most highly qualified to perform the required services. Each continuing contract shall
automatically be renewed annually, for up to a maximum of five (5) total years, unless
otherwise terminated by either party, in writing, given 30 days notice.
The scope of work to be performed under task orders issued under the continuing contracts may
consist of, but will not necessarily be limited to: data collection, planning and engineering
studies, design, preparation of construction plans and special provisions, and construction phase
engineering services for rehabilitative or new construction. Typical assignments may include,
tasks like the following:
Traffic Data Collection
Tasks for services under may include but are not limited to the following:
• 24-hour, 48-hour, and 7-day directional automatic traffic volume counts
• 24-hour and 48-hour directional classification counts
• Manual 2-hour, 4-hour, and 8-hour intersection turning movement count
• Origin-destination studies
• Travel time and delay studies
• Speed studies
• Roadway feature inventories
Planning Studies
Tasks for services under may include but are not limited to the following:
• Reuse water service studies and planning
• Wastewater collection master plan
• Capital improvements and infrastructure rehabilitation master planning
• Stormwater infrastructure planning & analysis
• Sidewalk need assessment & planning studies
• Miscellaneous engineering planning services
RFQ0404 4
Design Services
Tasks for services under may include but are not limited to the following:
• Preliminary analysis & conceptual design of minor engineering projects
• Plans production services in the latest available version of Auto-CAD
• Minor roadway and intersection design and preparation of plans and construction
documents
• Minor drainage infrastructure and pollution abatement design and preparation of plans
and construction documents
• Replacement and/or upgrade of sanitary sewer lift stations and associated force mains
Extension of sanitary sewer service to existing areas on septic tanks or developing areas
Extension of reuse mains to retrofit existing developments
• Replacement of undersized or nonconforming material water mains
• Design and preparation of plans and documents for new walls and rehabilitation of
existing walls
• Post-design services
• Construction monitoring and inspection services
• Miscellaneous engineering design services
Interested firms must be experienced in providing engineering services for projects of a scope
and nature comparable to those described. Use of qualified sub-consultants for specialty work is
acceptable. To be considered, the firm shall be a licensed professional in accordance with Florida
State law and be familiar with all applicable State of Florida, St. Johns River Water Management
District, Orange County and City of Ocoee codes, regulations and laws. Please include a copy of
all applicable licenses held by firms or subconsultants proposed to perform work.
SUBMISSION REQUIREMENTS:
The interested and qualified firms shall submit a Statement of Qualifications describing their
qualifications and experience in the type of work requested. Submissions shall be limited to a
total of thirty-five (35) 8.5"x 11" pages (including resumes; but, excluding front and back
covers, dividers, and a 2—page cover letter), single-sided, portrait orientation, 12-point font. The
required submission material includes the following:
I. Firm's Qualifications
• List of all firm's employees, their qualifications, and their role for the City services.
• Firm's and employee's certifications and registration with regulatory agencies,
professional organizations, etc.
• List firm's sub-consultants, their qualifications, and their role in this project.
• List of firm's other current or recently completed similar services within the past two 2
years with other public or private agencies.
• List and quantity of firm's (and firm's sub-consultants' if applicable) equipment
including CADD Workstations, Traffic Counters, etc.
RFQ0404 5
• List of at least three (3) client references to include organization name, contact person,
telephone number(s), and e-mail address.
II. Firm's Office Location
• List the location of all offices (firm and sub-consultants) involved with this project and
approximate distance(in miles) and time(in hours) to City Hall.
III. Firm's Financial Information
• Tabulation of employee's current (base year) loaded hourly rates and anticipated annual
increases and hourly rates.
• Tabulation of all other charges and amounts which may appear or would be charged to
the City on the firm's invoices such as production charges, travel expenses, etc.
The City reserves the right to accept or reject any or all submittals that it may, in its sole
discretion, deem unresponsive, or to waive technicalities which best serves the overall interests
of the City.
Cost of preparation of a response to this RFQ is solely that of the consultant and the City
assumes no responsibility for such cost incurred by the consultant.
Any request to withdraw a Qualification Package must be addressed in writing as above. Such
requests must be received by the City prior to the deadline for submission.
Proof of Professional Liability Insurance:
*Provide a current insurance certificate providing proof of Professional Liability Insurance.
The successful Respondent shall be required to provide evidence of both General (Public &
Property) Liability and Professional (Design Errors and Omissions) Liability Insurance in the
form of a certificate of insurance issued on behalf of the City of Ocoee by companies acceptable
to the City at the following minimum limits and coverage's with deductible amounts acceptable
to the city:
Comprehensive General Liability Insurance: $1,000,000.00
(The City of Ocoee is to be named as an additional insured)
Professional Liability Insurance: $1,000,000.00
(Design Errors and Omission)
The following is the City's Standard Insurance Requirements:
The Contractor shall not commence any work in connection with an Agreement until all of the
following types of insurance have been obtained and such insurance has been approved by the
RFQ0404 6
City, nor shall the Contractor allow any Subcontractor to commence work on a subcontract until
all similar insurance required of the subcontractor has been so obtained and approved. Policies
other than Workers' Compensation shall be issued only by companies authorized by subsisting
certificates of authority issued to the companies by the Department of Insurance of Florida which
maintain a Best's Rating of "A" or better and a Financial Size Category of "VII" or better
according to the A.M. Best Company. Policies for Workers' Compensation may be issued by
companies authorized as a group self-insurer by F.S. 440.57, Florida Statutes.
a) Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any
sums of money, which may represent a deductible in any insurance policy. The
payment of such deductible shall be the sole responsibility of the General Contractor
and/or subcontractor providing such insurance.
b) Workers' Compensation Insurance: The Contractor shall obtain during the life of this
Agreement, Worker's Compensation Insurance with Employer's Liability Limits of
$500,000/$500,000/$500,000 for all the Contractor's employees connected with the
work of this project and, in the event any work is sublet, the Contractor shall require
the subcontractor similarly to provide Workers' Compensation Insurance for all of the
latter's employees unless such employees are covered by the protection afforded by
the Contractor. Such insurance shall comply fully with the Florida Workers'
Compensation Law. In case any class of employees engaged in hazardous work under
this contract for the City is not protected under the Workers' Compensation statute,
the Contractor shall provide, and cause each subcontractor to provide adequate
insurance, satisfactory to the City, for the protection of the Contractor's employees not
otherwise protected.
• Include Waiver of Subrogation in favor of the City of Ocoee
c) Contractor's Public Liability and Property Damage Insurance The Contractor shall
obtain during the life of this Agreement COMMERCIAL AUTOMOBILE
COVERAGE, this policy should name the City of Ocoee as an additional insured, and
shall protect the Contractor from claims for damage for personal injury, including
accidental death, as well as claims for property damages which may arise from
operations under this Agreement whether such operations be by the Contractor or by
anyone directly or indirectly employed by the Contractor, and the amounts of such
insurance shall be the minimum limits as follows:
Automobile Bodily Injury Liability & Property Damage Liability
• $1,000,000 Combined single limit per occurrence(each person, each accident)
• All covered automobile will be covered via symbol 1
• Liability coverage will include hired& non-owned automobile liability
• Include Waiver of Subrogation in favor of The City of Ocoee
Comprehensive General Liability (Occurrence Form) - this policy should name the City of
Ocoee as an additional insured and should indicate that the insurance of the Contractor is
primary and not contributory over the insurance of the City of Ocoee.
• $2,000,000 GENERAL AGGREGATE
• $1,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE
RFQ0404 7
• $1,000,000 PER OCCURRENCE
• $1,000,000 PERSONAL & ADVERTISING INJURY
• Include Waiver of Subrogation in favor of the City of Ocoee
Subcontractor's Comprehensive General Liability, Automobile Liability and Worker's
Compensation Insurance: The Contractor shall require each subcontractor to procure and
maintain during the life of this subcontract, insurance of the type specified above or insure the
activities of these subcontractors in the Contractor's policy, as specified above.
Owner's Protective Liability Insurance: The Contractor shall procure and furnish an Owner's
Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence,
$2,000,000. Aggregate and naming the City of Ocoee as the Named Insured.
Contractual Liability- Work Contract: The Contractor's insurance shall also include contractual
liability coverage. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE
LIABILITY INSURANCE, THE CITY SHALL BE NAMED AS ADDITIONAL
INSURED.
• $1,000,000 PER OCCURRENCE
• $2,000,000 AGGREGATE
Certificates of Insurance: Certificate of Insurance Form, naming the City of Ocoee as an
additional insured will be furnished by the Contractor upon notice of award. These shall be
completed by the authorized Resident Agent and returned to the Office of the Buyer. This
certificate shall be dated and show:
The name of the Insured contractor, the specific job by name and job number, the name of the
insurer,the number of the policy, its effective date, its termination date.
Statement that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any
material changes in provisions or cancellation of the policy.
SELECTION CRITERIA
Qualification Packages will be reviewed and evaluated by a Selection Committee and a short list
of qualified firms may be invited to make a formal presentation. The Qualification Packages will
be reviewed and evaluated in accordance with the following criteria and weighting factor:
1. Overall Experience of the Firm 20 %
2. Past Performance and Experience of the Firm 15 %
3. Past Performance and Experience with or in the City 15 %
4. Past Performance and Experience of the Team Members 15 %
5. Ability to Meet Time and Budget Requirements 10 %
6. Affect of legal action against the Firm 10 %
7. Location of the office and proximity to the City of Ocoee 5 %
8. Projected workloads of the Firm 5 %
9. Certified Minority Business Enterprise 5 %
RFQ0404 8
SELECTION PROCEDURES
A City selection committee will evaluate each respondent's qualifications and will short-list and
recommend to the City Commission no fewer than three (3) firms (or more as determined by the
City) to provide the requested services. The City Commission will select three (3) firms for
contract negotiations. The City Commission's decision shall be final.
Three(3) firms will be selected for contract negotiations. The criteria for selection shall be based
on the selection criteria above, including the firm's qualifications, service location, past
performance, and reference check. The City reserves the right, before awarding the contract, to
require a Respondent to submit such evidence of its qualifications, as it may deem necessary.
The City shall be the sole judge of the competency of Respondents.
All successful Respondents shall be required to execute an agreement which provides, among
other things, that all plans, drawings, reports, and specifications that result from Respondent's
services shall become the property of the City. Upon the successful negotiation of an agreement,
a formal contract will be prepared and submitted to the City Commission for approval, and
executed by both parties.
TASK ASSIGNMENT PROCEDURES
When the City determines that it needs to have services performed under these agreements, the
applicable City Department will prepare and e-mail or fax a brief description of the required task
and project schedule to the three(3) selected firms. Each request from the City Department shall
include a specific project number and a financial account information number for funding. It
shall be each Department's responsibility to verify funding source, amounts, and balances.
Within 48-hours of the receipt, each firm shall e-mail or fax (followed by mailing of the original)
a lump sum proposal for requested work to the requesting City Department within 48 hours of
the request. Each City Department will individually select the successful proposal and issue a
purchase order to the selected firm for the work. The selection criteria will not necessarily be
dependent on the lowest proposal amount only. Other factors such as meeting project schedule,
firm's capability in the type of service requested, and past performance may also be considered.
The City shall reserve the right in its sole discretion to award a task to a firm that submits other
than the lowest proposal amount for performing the task. No work shall commence until the
verification of the issuance of the purchase order.
Invoicing for completed work or progress billing shall be submitted to the requesting City
Department for processing and submission for payment by the Finance Department with a copy
to:
Finance Department
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
RFQ0404 9
COMPANY INFORMATION/SIGNATURE SHEET RFQ#0404
FAILURE TO COMPLY WITH THESE RFQ INSTRUCTIONS WILL RESULT IN DISQUALIFICATION OF
YOUR QUALIFICATION PACKAGE. PLEASE SIGN BELOW ATTESTING THAT YOU HAVE READ AND
UNDERSTAND ALL RFQ INSTRUCTIONS, AND THAT YOU UNDERSTAND THAT THE SUCCESSFUL
RESPONDENT WILL BE REQUIRED TO ENTER INTO A LEGALLY BINDING CONTRACT WITH THE
CITY OF OCOEE.
COMPANY NAME TELEPHONE(INCLUDE AREA CODE)
FAX (INCLUDE AREA CODE)
E-MAIL ADDRESS
IF REMITTANCE ADDRESS IS DIFFERENT
AUTHORIZED SIGNATURE(manual) FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
NAME/TITLE(PLEASE PRINT)
STREET ADDRESS
CITY STATE ZIP
FEDERAL ID#
Individual Corporation Partnership Other(Specify)
Sworn to and subscribed before me this day of ,20 .
Personally Known or
Produced Identification
Notary Public-State of
(Type of Identification) County of
Signature of Notary Public
Printed,typed or stamped
Commissioned name of Notary Public
RFQ0404 10
111
Dyer,Riddle,Mills •:: D R M P
ENOINEERS•SURVEYORS•PLANNERS•SCIENTISTS
.' Precourt,Inc.
s cipals
Wayne D.Chalifoux
naldaon K Barton,Jr. August 18,2004 DRMP#04-0344.OMK
crus J.Cushman,Jr.
on S.Meadows
Stephen L.Precourt
Lawrence L.Smith,Jr.
N Ms.Joyce Tolbert
City of Ocoee
150 N. Lakeshore Drive
IOcoee, Florida 34761
Subject: Request for Qualifications for
I Continuing Contracts for Engineering Services
RFQ#0404
IIDear Selection Committee Members:
Dyer, Riddle, Mills & Precourt, Inc. (DRMP) is pleased to submit our qualifications to provide
IN Continuing Engineering Services to the City of Ocoee. Our submittal highlights the qualifications of
DRMP, our approach to providing these services utilizing our Municipal Services Division and the
individual qualifications of our team members.
IIDRMP is a full service multidiscipline engineering firm that has committed to providing continuing
engineering services to cities and counties for almost twenty-five years. DRMP has provided
Iexpertise in the areas of: roadway design; traffic planning and engineering (including traffic
studies, warrant analyses, and signalization of designs); stormwater management systems;
general civil design of small (i.e. sidewalks) and large (master plans) projects; bridge/structural; bid
4 and award services; post design services including, i.e., construction administration and
construction engineering and inspection; expert witness services; and project management
services.
111
DRMP has created a Municipal Services Division dedicated to servingthe needs of local
P
governments. The Municipal Services Division works with cities and counties of all sizes and
111 operates primarily under continuing contracts with those entities. This group of professionals
brings years of experience in dealing with municipal projects. In addition, Mr. V. Eugene Williford,
N your contract manager and your primary point of contact, brings over twenty years of experience
working for local governments such as Ocoee.
II We are currently providing continuing engineering services to several County, Municipal,and State
agencies including: the City of Mount Dora, the City of Maitland, the City of Oviedo, the City of
Lakeland, Citrus County, Volusia County, the Florida Department of Environmental Protection, and
the Florida Department of Transportation to name a few. We encourage you to contact our
1 1505 East colonial Drive governmental clients.
Orlando,Florida 32803
Phone:407.896.0594
Fax:407.896.4836 While it is difficult to provide all the information necessary to evaluate DRMP's qualifications, we
• Bartow,Florida request you consider the following:
• Charlotte,North Carolina
• Chipley,Florida
• DeLand,Florida • DRMP understands local government and is familiar with your needs.
• Ft Myers,Florida • DRMP has established constructive relationships with regulatory/permitting agencies.
• Jacksonville,Florida
• Orlando,Florida • DRMP has the resources (expertise, experience, manpower) to effectively and efficiently
• Panama City Beach,Florida
I• Tallahassee,Florida deliver quality services to Ocoee in an economical and innovative manner
• Tampa,Florida
1.800.375.3767
DRMP
ENGINEERS•SURVEYORS•PLANNERS•SCIENTISTS
•
DRMP appreciates the opportunity to submit our qualifications to the City of Ocoee. We are
•_ committed to providing quality, responsive and cost-effective services to meet your needs. If we
can provide you with any additional information,please do not hesitate to contact us.
111 Sincerely,
Dyer, Riddle, Mills&Precourt, I
1111 St- en L. Precourt, P.E. V. Eugene Williford
P incipal Contract Manager
•
I
I
I
U
U
I
I
I
U
PEC
PROFESSIONAL ENGINEERING CONSULTANTS, INC. P-4203
August 18, 2004
Ms. Joyce Tolbert, Buyer
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Re: Continuing Contracts for Engineering Services
RFQ#0404
Dear Ms. Tolbert and Members of the Selection Committee:
Professional Engineering Consultants, Inc. (PEC) is pleased to submit our qualifications in
response to RFQ #0404. PEC has had the privilege of serving the City of Ocoee since 1984
and we look forward to continuing that relationship under the above-referenced contract. If
selected, we will continue to provide timely, cost effective, responsive professional services
on Ocoee's transportation, drainage and utility related assignments.
PEC's noteworthy advantage for this assignment is our detailed knowledge of the City's
infrastructure systems. For over the past 20 years, PEC has successfully dealt with many
more drainage, roadway and utility related assignments for the City of Ocoee than any other
consultant. Our continuous background knowledge and our extensive in-house
database regarding the City of Ocoee's transportation, drainage, and utility
infrastructure systems affords PEC a distinct advantage in providing municipal
engineering services to the City. The following is a partial list of representative projects /
assignments that demonstrates PEC's vast experience in the City of Ocoee:
• City-wide Drainage Basin Studies
• Drainage Maintenance Program
• NPDES Program
• Lakes Moxie & Peach Flooding Control Project
• Numerous Site Plan / Subdivision Reviews Over 20 Years
• Review Assistance and guidance with the West Oaks Mall project
• Clarke Road General Consultant
• Maguire Road and Turnpike Bridge Design
• Professional Parkway/Old Winter Garden Road Design
• White Road Design
• Story Road /Geneva Avenue Intersection Improvements
• Maine Street Preliminary Engineering
• Water, Wastewater& Reuse System Master Plans
• A.D. Mims Wastewater Treatment Plan Design
• Effluent Pipeline to City Golf Course
• South Water Treatment Plant &Well's Design
• Forest Oaks Water Treatment Plant Expansion Design
• Maguire Road Reuse Booster Pump Station Design
• City-Wide Pumping Station &Water/Wastewater/Reuse Pipeline Projects
-ers Engineering Our Community
-rs
yors 200 East Robinson Street•Suite 1560.Orlando,Florida 32801 •407/422-8062•FAX 407/849-9401
Ms. Joyce Tolbert
y
IPage 2
Tom Kelley, P.E. will service as our PEC Team's Principal-In-Charge. Mr. Kelley has
served the City of Ocoee in an identical role over the past 20 years and has an unsurpassed
knowledge of the City's infrastructure systems. Mr. Kelley is based in our Orlando
headquarters and can be reached at 200 East Robinson Street, Suite 1560, Orlando, Florida
32801 (407)422-8062 or faxed to (407) 849-9401.
Our primary Managers in each discipline include: Fursan Munjed, P.E., Transportation
Department Manager, David Hamstra, P.E. Principal, Stormwater Department Manager,
and Geoff Hennessy, P.E., Utilities Department Manager. These Managers are based in
our Orlando office and can be reached at the above referenced numbers and address.
PEC is prepared to respond immediately to assignments from the City as described in RFQ
#0404. We are committed to executing project assignments on time and within budget by
assigning a team of professionals that have a successful track record of providing municipal
infrastructure systems engineering design services. We thoroughly understand the
professional services that the City requires and we are confident in our ability to deliver
results. Therefore, Professional Engineering Consultants, Inc. respectfully requests the
opportunity to continue providing quality and cost-effective engineering services to the City of
Ocoee.
Sincerely,
PROFESSIONAL ENGINEERING CONSULTANTS, INC.
//
Tom Kelley, P.E.
Principal-In-Charge
{
Ls-.
P1661
An employee-owned company
ID
August 18, 2004
Ms.Joyce Tolbert, Buyer
• City of Ocoee
IP 150 North Lakeshore Drive
Ocoee, Florida 34761
RE: Request For Proposals For Continuing Contracts for Engineering Services(RFQ#0404)
•
• Dear Ms.Tolbert:
PBS&J wishes to express our interest in providing services for Continuing Contracts for Engineering Services for
the City of Ocoee.We are submitting five copies and one original of our proposal per your instructions. PBS&J
I IP staff members have over 44 years of Florida experience with providing general engineering professional
engineering services to cities, counties, and other public agencies throughout Florida and the U.S.We are
pleased to present our qualifications in the attached proposal.As an introduction,we would like to highlight
key benefits that we believe will assist in your evaluation.
• Outstanding Qualifications—Project-Tested Team
PBS&J has an excellent record of experience in providing professional engineering services to public entities
throughout Florida.As Florida's largest full-service consulting engineering firm, we are a leader in managing
. large, multidisciplined assignments.We have dedicated in-house specialists in all of the professional
disciplines needed by the City of Ocoee. For this contract, we do anticipate using the services of Accurate
r Traffic Counts, Inc. (ATC), a minority business enterprise, for any required traffic counting tasks.We propose to
use a team that has worked together for many years and has a proven track record. Most of the team members
ID have worked together for the past ten years on comparable Florida projects for the City of Davenport, City of
Minneola, City of Orlando, Seminole County, Osceola (Kissimmee) County, Lake County, Marion County, and
Orange County.
• Unparalleled General Engineering Consulting Experience
•
• PBS&J's full range of professional services (environmental, transportation, civil, and construction) has proven
OP to be the perfect mix to serve in a general engineering consultant role. Having all professional services in-
house has proven to be a very efficient and effective use of professionals for our public clients.The full depth
of professional resources is managed through one contract/client manager and our public clients have access
10 to over 3,300 professionals, covering almost every possible technical specialty. PBS&J serves in a general
engineering consultant role for hundreds of public clients nationwide.
OP
Institutional/Financial Analysis Services—Grants, Loans, and Financial Planning
{ PBS&J delivers "cradle-to-grave" services to both our public and private utility clients. Implementing
infrastructure projects requires more than the typical engineering and design services. PBS&J's grant and loan
specialists work with state and local agencies to match available loans and grants to our clients' needs.We
have great working relationships with the State FDEP SRF program, St. Johns Water Management District,
USDA's Rural Development Loans and Grants Program, and more recently with the Federal STAG grant program.
482 South Keller Road • Orlando, Florida 32810 •Telephone: 407.647.7275 •www.pbsj.corn
•
Ms.Joyce Tolbert
August 18,2004
• Page 2
Our finance and economic specialists can assist the City in examining a wide range of financial feasibility
alternatives for both capital projects as well as in the rate making and evaluation arena.
Asset Management, CMOM, and GASB 34
PBS&J incorporates and considers the requirements of GASB 34 and utilizes existing asset management
systems or develops new ones during the course of our master planning efforts.Whether we need to access
software such as DATASTREAM, MRO Software's MAXIMO, RJN's CASSWORKS, Hansen, or other database-driven
GIS applications, our planners have the tools and experience to meet and exceed the City's expectations.
•
The future implications of EPA's proposed CMOM rule, Management of Sanitary Sewer Overflows, are the focus
of the pending new EPA rule, EPA 833-01-F-001 "Proposed Rule To Protect Communities From Overflowing
Sewers." EPA's concerns about the impact of our aging wastewater infrastructure and its contribution toward
SSOs has led to the development of CMOM, Capacity Assurance,Management, Operation,and Maintenance
Programs. PBS&J's team of infrastructure specialists is also working with Orange County to develop its CMOM
programs, well in advance of the rule's implementation.
Technology Expertise
PBS&J is a pioneer in the development and application of state-of-the-art technology in the engineering
industry. Our award-winning geospatial and web development projects have promoted efficiency and effective
decisionmaking among our clients, from the use of simple file transfer protocol (FTP) sites to powerful
(password-protected)Team AccessTM project-specific web sites (PSWS), allowing access to critical project
related information immediately-from anywhere in the state or anywhere in the world. Our experts have
0 decades of experience in the use of CAD, GIS, database, and web technologies and look forward to offering
0, these service to help the City meet their growing information management needs. We recognize and harness
the power of the underlying business processes in building solutions that are scalable, flexible, and designed
to meet the needs of the end user.
We're In Your Backyard
r PBS&J's Orlando office is a short 30-minute drive to the City of Ocoee. Our team resources include 3,300
professionals in more than 60 offices in the U.S. and abroad. PBS&J offers extensive local history,with over
1,300 of our professionals located in Florida, and over 300 in our Orlando office.
r
We Deliver!
We have demonstrated the ability to develop innovative solutions and to perform under adverse conditions for
our Florida clients. Our performance is reflected in our excellent reputation, built on quality service, and on our
ability to foster a spirit of partnership with our clients, regulators, and the public.We believe we are the right
team for Ocoee and look forward to your favorable consideration. Please call us if you have any questions or
need additional information.
Sincerely,
arc P silent
Walch, P.E., DE
s ,.� p
°N-
a .,
RFQ#0404
CONTINUING CONTRACTS FOR ENGINEERING SERVICES
8/18/04 2:00 pm
QUALIIIGA I IONS
(1) ORIGINAL(5) LOCATION License
No. FIRM COPIES FINANCIAL Check
yes,rcv'd notarized
1 F.R. Aleman and Associates form 8/19/04 yes yes
2 GMAK yes yes yes
3 Reiss Environmental yes yes yes
4 (PB) Parsons Brinckerhoff Quade & Douglas yes yes yes
5 (DRMP) Dyer Riddle Mills & Precourt yes yes yes
6 Berryman & Henigar yes yes yes
7 Avcon yes yes yes
yes,rcv'd notarized
8 Pickett&Associates form 8/19/04 yes yes
9 Hartman &Associates yes yes yes
10 WCG/Neel-Schaffer yes yes yes
yes, rev'd
notarized form
11 (VHB) Vanasse Hangen Brustlin 8/30/04 yes yes
yes,rcv'd notarized
12 (CES) Comprehensive Engineering Services form 8/30/04 yes yes
13 (PEC) Professional Engineering Services yes yes yes
14 Engineering & Environmental Design yes yes yes
15 PBS&J yes yes yes
16 GAI Consultants yes yes yes
17 EMS Scientists Engineers Planners yes yes yes
Listed in the order opened.
EVALUATION FORM
RFQ #0404
Continuing Contracts for Engineering Services
SIGNATURE
**Note: There was a 3rd ranked tie-score. After discussion, the Committee chose the 1 st,2nd &4th ranked firms.
COMBINED TOTALS
F.R.Aleman & Reiss PB Parsons Berryman
Evaluation Criteria Associates GMAK Environmental Brinckerhoff DRMP &Henigar
overall experience of
the Firm
(0-100 points) 55 64 65 80 92 76
Past Performance&
Experience of the
Firm
(0-75 points) 47 54 54 62 69 58
Past Performance&
Experience with or in
the City
(0-75 points) 21 36 48 45 60 32
Past Performance&
Experience of the
Team Members
(0-75 points) 46 53 53 58 64 56
Ability to meet Time&
Budget Requirements
(0-50 points) 35 36 37 36 42 37
Affect of Legal Action
Against the Firm
(0-50 points) 38 38 38 38 48 37
Location of the Office
&Proximity to the
City of Ocoee
(0-25 points) 23 21 22 23 24 22
Projected Workloads
of the Firm
(0-25 points) 19 19 18 18 19 21
Certified Minority
Business Enterprise
(0-25 points) 25 19 4 20 17 17
COMBINED TOTAL
ALL EVALUATORS 309 340 339 380 435 356
(0-500) 1
EVALUATION FORM
RFQ #0404
Continuing Contracts for Engineering Services
COMBINED TOTALS
WCG/Neel-
Evaluation Criteria Avcon Pickett&Assoc Hartman &Assoc Schaffer VHB CES
,x ' '-'
Overa xp r ence of
the Firm
(0-100 points) 71 64 79 79 87 68
Past Performance&
Experience of the
Firm
(0-75 points) 51 54 67 63 65 53
Past Performance&
Experience with or in
the City
(0-75 points) 38 23 63 64 66 37
Past Performance&
Experience of the
Team Members
(0-75 points) 50 56 58 54 58 54
Ability to meet Time&
Budget Requirements
(0-50 points) 37 32 36 36 32 36
Affect of Legal Action
Against the Firm
(0-50 points) 38 38 48 38 38 38
Location of the Office
& Proximity to the
City of Ocoee
(0-25 points) 24 8 23 23 23 23
Projected Workloads
of the Firm
(0-25 points) 25 19 23 18 18 18
Certified Minority
Business Enterprise
(0-25 points) 23 9 9 9 19 17
COMBINED TOTAL
ALL EVALUATORS 357 303 406 384 406 344
(0-500)
EVALUATION FORM
RFQ #0404
Continuing Contracts for Engineering Services
COMBINED TOTALS
EMS
Engineering & GAI Scientists
Evaluation Criteria PEC Environ Design PBS&J Consultants Engineers
overall Experience of
the Firm
(0-100 points) 96 70 85 78 69
Past Performance&
Experience of the
Firm
(0-75 points) 68 54 68 57 57
Past Performance&
Experience with or in
the City
(0-75 points) 67 23 30 47 28
Past Performance&
Experience of the
Team Members
(0-75 points) 67 55 64 61 52
Ability to meet Time&
Budget Requirements
(0-50 points) 38 35 42 41 38
Affect of Legal Action
Against the Firm
(0-50 points) 40 38 48 48 39
Location of the Office
& Proximity to the
City of Ocoee
(0-25 points) 24 23 23 23 23
Projected Workloads
of the Firm
(0-25 points) 19 19 22 19 20
Certified Minority
Business Enterprise
(0-25 points) 12 12 17 20 18
COMBINED TOTAL
ALL EVALUATORS 431 329 399 394 344
(0-500) 2 3
R
4\
P
CONTINUI C 1 G EMENT
FOR PROFESSIONAL ENGINEERING SERVICES
BETWEEN
CITY OF OCOEE
AND
Continuing Professional Consulting Agreement
City of Ocoee - 2004
TABLE OF CONTENTS
PAGE NO,
Section 1 -Basic Services of Consultant 1
1.1 General 1
1.2 Study and Report Phase 2
1.3 Preliminary Design Phase 2
1.4 Final Design Phase 3
1.5 Bidding or Negotiating Phase 4
1.6 Construction Phase 4
1.6.1 General 4
1.6.2 Pre-Construction Meeting 4
1.6.3 Work in Progress 5
1.6.4 Defective Work 5
1.6.5 Shop Drawings 6
1.6.6 Interpretations and Clarifications 6
1.6.7 Substitutes 6
1.6.8 Inspections and Tests 6
1.6.9 Applications for Payment 6
1.6.10 Review Record Drawings 7
1.6.11 Track Progress of Contractor 7
1.6.12 Minimize Claims 7
1.6.13 Resolve Construction Related Difficulties 7
1.6.14 Contractor(s)' Completion Documents 7
1.6.15 Inspections 8
1.6.16 Limitation of Responsibilities 8
1.6.17 Subcontractors and Subconsultants 8
Section 2 -Additional Services of Consultant 8
2.1 General 8
Section 3 - City's Responsibilities 11
3.1 Requirements for the Project 11
3.2 Information Pertinent to the Project 11
3.3 Access to Property 11
3.4 Examination 11
3.5 Approvals and Permits 11
3.6 Other Professional Services 11
3.7 City Project Manager 12
3.8 Notice and Extension of Term 12
3.9 City's Construction Management 12
3.10 Additional Services 13
3.11 Incidental Costs 13
Section 4 -Period of Service 13
ii
4.1 Continuing Contract 13
4.2 Services Authorization 13
Section 5 -Payments to Consultant 13
5.1 General 13
5.2 Methods of Compensation 14
5.2.1 Wage Cost Multiplier 14
5.2.1.1 General 14
5.2.1.2 Wage Cost Multiplier for Construction Phase Services
on Major Projects 14
5.2.2 Lump Sum 15
5.3 Reimbursable Expenses 15
5.4 Payments by Owner 15
5.5 Records 16
5.6 Late Payment 16
5.7 Overtime 16
5.8 Scope, Cost and Fee Adjustment 16
5.8.1 General 16
5.8.2 Scope Reduction 17
5.8.3 Scope Suspension 17
5.9 Sales Tax 17
5.10 Payment Withheld 17
5.11 Termination 18
5.12 Final Payment 18
Section 6- Construction Cost and Opinions of Cost 18
6.1 Consultant's Construction Cost, General 18
6.2 Consultant's Estimate of Probable Construction Cost 18
6.2.1 General 18
6.2.2 Construction Cost 19
Section 7- Settlement of Claims 19
Section 8 -Termination 20
8.1 General 20
8.2 Failure to Perform 20
8.3 Termination for Convenience 20
8.4 Payment Upon Termination 20
8.5 Delivery of Materials Upon Termination 21
Section 9 - Suspension 21
9.1 General 21
iii
Section 10 -Materials, Reuse of Documents, and Confidentiality 21
10.1 General 21
10.2 Reuse of Documents 22
Section 11 -Notices 22
Section 12 - Conflicts of Interest 22
Section 13 -Waiver of Claim 23
Section 14 - City Engineer/Utilities CITY 23
Section 15- Consultants's Project Team 23
Section 16 -Indemnification and Insurance 24
16.1 Indemnification and Repair of Damage 24
16.1.1 Consultant's Indemnification of City 24
16.1.2 City's Indemnification of Consultant 24
16.2 Insurance 24
16.2.1 General 24
16.2.2 Limits of Liability 25
16.2.3 Consultant's Errors and Omissions Policy 25
16.2.4 Insurance Administration 25
16.2.5 City as Additional Insured 26
16.2.6 City's Right to Inspect Policies 26
Section 17- Miscellaneous Provisions 26
17.1 Non-Exclusive Contract 26
17.2 Local, State and Federal Obligations 26
17.2.1 Discrimination 26
17.2.2 Compliance with Law 26
17.2.3 Licenses 26
17.2.4 Compliance with New Regulations 27
17.2.5 License Fee and Royalties 27
17.3 Consultant Not Agent of City 27
17.4 Subconsultants 27
17.4.1 General 27
17.4.2 Work Outside Scope and Time of Payment 28
17.4.3 Subconsultant Contracts 28
17.5 Assignment and Delegation 28
17.6 Audits 28
17.6.1 Periodic Auditing of Consultant's Books 28
17.6.2 Overcharge 29
17.7 Truth in Negotiations 29
17.8 Entire Agreement 29
17.9 Amendment 29
iv
17.10 Validity 29
17.11 Headings 29
17.12 Timeliness 30
17.13 Public Entity Crime 30
17.14 Force Majeure 30
17.15 Remedies and Costs 30
17.16 Venue 30
v
•
THIS AGREEMENT is made and entered into this day of , 20_, by
and between the CITY of OCOEE, Florida, a municipal corporation existing under the laws of the
State of Florida(CITY), and ,a corporation
(CONSULTANT).
WHEREAS, the CITY shall have the option to use the CONSULTANT's professional
engineering services ("Services"), as further described below, for City professional engineering projects
meeting the criteria of Section 287.055 (2) (g), Florida Statutes (2003) (hereinafter referred to as
"Project"or"Projects"); and
WHEREAS, the CONSULTANT, having submitted a response to City of Ocoee Request For
Qualifications #04-04, and having been selected pursuant to the procedures of Section 287.055, et seq.
Florida Statutes (2003) is willing and able to perform the Services for the CITY on the terms and
conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the premises and mutual covenants given one to the
other,the sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
SECTION 1
GENERAL PROVISIONS
1.1 General
1.1.1 The CONSULTANT shall provide Services for the CITY as required by the CITY which may
include Services in all phases a Project. These Services may include serving as the CITY's professional
engineering services representative for the Project, providing professional engineering consultation and
advice, and by itself or with Subconsultants furnishing customary civil, architectural, structural,
mechanical, environmental, transportation, stormwater, irrigation, landscaping, and electrical
engineering services, as may be appropriate. The CONSULTANT shall perform any and all Services in
a timely, efficient and cost-effective manner and in a manner that comports with the highest standards of
professional engineering.
1.1.2 The CITY shall, from time to time at its sole discretion, authorize the CONSULTANT in writing
to provide Services by issuing a Services Authorization. A Services Authorization shall, by mutual
agreement of the parties, set forth, (1) the Scope of Services, (2) the time for performance, (3) method
and amount of compensation, (4) the provisions of Sections 1 and 2 of this Agreement which are
applicable, (5)the Deliverables, if any (which are the items to be provided to the CITY as a result of the
Services), and (6) the services, information and data that can be provided by the CITY to the
CONSULTANT.
1.1.3 The CITY does not guarantee, warrant, or represent that any number of Projects or any particular
type of Project will be assigned to the CONSULTANT under the terms of this Agreement. Furthermore,
the purpose of this Agreement is not to authorize a specific Project, but to set forth certain duties,
obligations, rights, and responsibilities that may be incorporated by reference into any Services
1
Authorization that may be mutually agreed to by the parties. The CITY shall have the sole discretion to
select the Project(s), if any,that may be given to the CONSULTANT.
1.1.4 All references to drawings shall mean both traditionally drafted as well as computer-based, and
all submissions of drawings will include paper, mylar and computer file versions as appropriate. The
CONSULTANT shall provide all computer generated material to the CITY in a digital format that is
compatible with what is being used by the CITY.
BASIC SERVICES OF CONSULTANT
Upon the issuance of a Services Authorization under this Agreement,the Consultant may be expected to
perform Basic Services, including but not limited to the following:
1.2 Study and Report Phase Services
After written authorization to proceed from the CITY to the CONSULTANT,the CONSULTANT shall:
1.2.1 Consult with the CITY to clarify and define the CITY's requirements for the Project, and to
review available data.
1.2.2 Advise the CITY as to the necessity of the CITY's providing (or obtaining from others) data or
services of the types described in Subsections 3.2 and 3.3, and assist the CITY in obtaining such data
and services.
1.2.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve
the design of the Project, participate in consultations with such authorities, and, where applicable,
prepare grant-funding documents and applications.
1.2.4 Provide analyses of the CITY's needs, planning surveys, site evaluations and comparative studies
of prospective sites and solutions.
1.2.5 Provide a general economic analysis of the CITY's requirements applicable to various
alternatives.
1.2.6 Prepare a report or feasibility study containing schematic layouts, sketches and conceptual design
criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable
requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions
available to the CITY and setting forth the CONSULTANT's findings and recommendations. This
Report will be accompanied by the CONSULTANT's cost estimate for the Project, including the
following, which shall be separately itemized: construction costs, allowance for consulting costs and
contingencies, and (on the basis of information furnished by others) allowances for such other items as
charges of all other professionals and consultants, for the cost of land and rights-of-way, legal fees,
project management fees, for interest and financing charges and for other Services identified as pertinent
to the Project. The total cost of all such costs, expenses, etc. are hereinafter called "Total Project Costs."
2
1.2.7 As a minimum, provide the CITY with first and second draft copies of the report for preliminary
review during the development of the study and submission of the final report. In addition,
CONSULTANT will meet with the CITY to discuss preliminary submittal reviews by the CITY.
1.2.8 Furnish the number of copies as identified in the applicable Services Authorization of the Study
and Report documents and review them in person with the CITY.
1.3 Preliminary Design Phase Services
In consultation with the CITY, and on the basis of the accepted Study and Report documents, determine
the general scope, extent and character of the Project.
After written authorization to proceed with the Preliminary Design Phase,the CONSULTANT shall:
1.3.1 Make a personal examination of the proposed Project site, and, as may reasonably be
discoverable, note site conditions and impediments that pertain to or might adversely affect the timely,
efficient, and economical completion of any phase of the Project, or the Project as a whole. The
CONSULTANT shall promptly report any adverse site conditions to the CITY.
1.3.2 Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings,
outline specifications and written descriptions of the Project.
1.3.3 As a minimum, provide the CITY with a 50% and 90% complete document(s) for preliminary
review during the development and submission of the Preliminary Design Phase report. In addition,
CONSULTANT will meet with the CITY to discuss preliminary submittal reviews by the CITY.
1.3.4 Provide Services to investigate existing conditions or facilities, or to verify the accuracy of
drawings or other information furnished by the CITY or others to the CONSULTANT. Such
verification Services shall be set forth in the applicable Services Authorization.
1.3.5 Advise the CITY if additional data or Services are necessary for preliminary design, and assist
the CITY in obtaining such data and Services.
1.3.6 Based on the information contained in the preliminary design documents, submit a revised Total
Project Cost estimate to the CITY.
1.3.7 Furnish the number of copies identified in the Services Authorization of the above Preliminary
Design documents, and present and review them in person with the CITY.
1.4 Final Design Phase Services
After written authorization to proceed with the Final Design Phase,the CONSULTANT shall:
1.4.1 On the basis of the accepted Preliminary Design documents and the Total Project Cost estimate,
prepare for incorporation in the Construction Contract Documents final drawings (Drawings) to show
the general scope, extent and character of the work to be furnished and performed by the Project
3
Contractor(s), and specifications (Specifications) (which will be prepared in conformance with the
sixteen-division format of the Construction Specifications Institute).
1.4.2 Prepare and furnish to the CITY such documents and design data as may be required by the
CITY, so that the CITY may apply for approvals of such governmental authorities as have jurisdiction
over design criteria applicable to the Project. The CONSULTANT shall also assist the CITY in
obtaining such approvals by submitting, participating and/or leading in negotiations with appropriate
authorities, and the Services Authorization shall define the CONSULTANT's role in this regard.
1.4.3 In conjunction with furnishing the related Drawings and Specifications to the CITY, advise the
CITY promptly, in writing, at the thirty percent (30%), sixty percent (60%), and ninety percent (90%)
completion stages of any Project, of the estimated Project construction cost.
1.4.4 Advise the CITY of any significant adjustments to the latest Total Project Cost estimate caused
by changes in Project extent or design requirements or by variations in construction costs and furnish a
revised Total Project Cost estimate based on the latest Drawings and Specifications.
1.4.5 Prepare for review and approval by the CITY, Invitations For Bid, Bid Forms (where
appropriate), Supplementary Conditions and assist in the preparation of other related documents.
1.4.6 Furnish number of copies as identified in the Services Authorization of the Drawings and
Specifications and present and review them in person with the CITY.
1.5 Bidding or Negtiating Phase Services
After written authorization to proceed with the Bidding or Negotiating Phase,the CONSULTANT shall:
1.5.1 Assist the CITY in advertising for and obtaining bids or negotiating proposals for each separate
prime contract for construction, materials, equipment, and services; and, when authorized in the
applicable Services Authorization, attend pre-bid conferences.
1.5.2 Assist the CITY in preparing and distributing addenda as appropriate to interpret, clarify or
expand the bidding documents or in response to written questions received during the Bid Phase.
1.5.3 Consult with and advise the CITY as to the acceptability of the prime Contractor as well as
Subcontractors, suppliers and other persons and organizations proposed by the prime Contractor(s) for
those portions of the work where determination of such acceptability is required by the bidding
documents.
1.5.4 Consult with the CITY concerning, and determine the acceptability of, substitute materials and
equipment proposed by the Contractor(s)when substitution is allowed by the bidding documents.
1.5.5 Assist the CITY in evaluating bids or proposals and in assembling and awarding contracts for
construction,materials, equipment and services.
1.6 Construction Phase Services
4
During the Construction Phase, the CONSULTANT shall, if requested by the CITY and accepted by the
CONSULTANT:
1.6.1 General. Consult with and advise the CITY and act as its representative as provided in the
CITY's Standard Construction Contract Documents (Construction Contract Documents). The CITY
shall have sole discretion as to the form of these contract documents, or as how they are to be amended
pursuant to any Project, or as how they may otherwise be amended from time to time.
1.6.2 Pre-Construction Meeting. Prepare for and attend a pre-construction meeting conducted by the
CITY with representatives of the Contractor(s), subcontractor(s), utility companies, etc., for each
Project, as determined necessary by the CITY.
1.6.3 Work in Progress. In connection with observations of the work of Contractor(s) while it is in
progress:
1.6.3.1 The CONSULTANT shall make visits to the site at intervals appropriate to the various
stages of construction as the CONSULTANT deems necessary, and in order to observe as an
experienced and qualified design professional the progress and quality of the various aspects of
Contractor(s)' work. In addition, the CONSULTANT may provide, if requested by the CITY in a
Services Authorization, the services of a Construction Manager and/or Field Representative (and
assistants as agreed) at the site to assist the CONSULTANT and to provide more continuous observation
of such work. Based on information obtained during such visits and on such observations, the
CONSULTANT shall determine in general if such work is proceeding in accordance with the
Construction Contract Documents, Drawings and Specifications, and the CONSULTANT shall inform
the CITY on the progress of the work.
1.6.3.2 If authorized in the Services Authorization, the Construction Manager and/or Field
Representative (and any assistants) will be the CONSULTANT's agent or employee and under the
CONSULTANT's supervision. The duties and responsibilities of the Construction Manager and/or Field
Representative (and assistants) are set forth in the Construction Contract Documents, or as may
otherwise be agreed in a Services Authorization. Daily Reports generated by the Construction Manager
and/or Field Representative(s) shall be in a form acceptable to the CITY, and shall be submitted to the
CITY on a weekly basis throughout the construction phase of the Project (from Notice to Proceed
through Final Acceptance of the work).
1.6.3.3 The purpose of the CONSULTANT's visits to and representation by the Construction
Manager and/or Field Representative (and assistants, if any) at the site will be to enable the
CONSULTANT to better carry out the duties and responsibilities assigned to and undertaken by the
CONSULTANT during the Construction Phase, and, in addition, by exercise of the CONSULTANT's
efforts as an experienced and qualified design professional, to provide confidence for the CITY that the
completed work of the Contractor(s) will conform to the Construction Contract Documents, Drawings
and Specifications and that the integrity of the design concept as reflected in the aforesaid documents has
been implemented and preserved by the Contractor(s). The CONSULTANT shall not, however, during
such visits or as a result of such observations of the Contractor(s)' work in progress, supervise, direct or
have control over the Contractor(s)' work, nor shall the CONSULTANT have authority over or
responsibility for the means, methods, techniques, sequences or procedures of construction selected by
the Contractor(s), for safety precautions and programs incident to the work of the Contractor(s), or for
5
any failure of the Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders
applicable to the Contractor(s)' furnishing and performing their work. Accordingly, the CONSULTANT
can neither guarantee the performance of the construction contract by the Contractor(s), nor assume
responsibility for the Contractor(s)' failure to furnish and perform their work in accordance with the
Construction Contract Documents, Drawings and Specifications.
1.6.4 Defective Work. During such visits and on the basis of such observations, the CONSULTANT
shall keep the CITY informed of the progress of the work, shall endeavor to guard the CITY against
defects and deficiencies in such work, and may disapprove of or reject the Contractor(s)' work while it is
in progress if the CONSULTANT believes that such work will not produce a completed Project that
conforms generally to the Construction Contract Documents, Drawings and Specifications or that it will
prejudice the integrity of the design concept of the Project as reflected in the Construction Contract
Documents, Drawings and Specifications. The CONSULTANT shall advise the CITY in a timely
manner of defect(s) in the Contractor's or Subcontractor's work, and of the action taken to have the
defect(s)corrected.
1.6.5 Shop Drawings. The CONSULTANT agrees to review and approve shop drawings, diagrams,
illustrations, brochures, catalog data, schedules, and samples, results of tests and inspections and other
data which any Contractor is required to submit, but only for conformance with the design concept of the
Project and compliance with the information given in the Contract Documents; and receive and review
maintenance and operating instructions, schedules, guarantees, bonds, and certificates of inspection
which are to be assembled by the Contractor(s) in accordance with the Contract Documents. The
CONSULTANT may be allowed to use its shop drawing stamp during review provided the format and
language of the shop drawing stamp is approved by the CITY prior to use.
Furthermore, the CONSULTANT agrees that it shall devise a separate tracking system for Shop
Drawings previously disapproved, or for which corrections, modifications, or changes are necessary.
The tracking system shall be both timely and efficient, and shall account for the status and party
responsible to correct all previously submitted Shop Drawings until their complete approval and
acceptance. The tracking system shall include, but not be limited to, the following CONSULTANT
activities: subsequent to any Contractor's being ordered to start construction work, the CONSULTANT
shall transmit to the CITY, if required by Services Authorization and at such frequency as defined
therein, a list of Shop Drawings anticipated for such construction contract, the names of Shop Drawings,
their due dates (in accordance with Shop Drawing schedules submitted by the Contractor(s)) required
from the Contractor(s}; their dates of issue, receipt, checking, return for correction, resubmission, and
approval; and any information that will clearly provide the CITY with the progress of Project Shop
Drawings; provided, however, that in any event all Shop Drawings that have been submitted to the
CONSULTANT (whether for approval or reapproval) shall be reviewed and returned by the
CONSULTANT within twenty(20) days of submission.
1.6.6 Interpretations and Clarifications. The CONSULTANT shall issue necessary interpretations and
clarifications of the Drawings and Specifications and in connection therewith prepare work directive
changes and change orders as required. In addition, the CONSULTANT shall assist the CITY to
respond, in writing, to any "Request For Information" ("RFI"). All RFIs and responses thereto shall be
submitted to the CITY and the CONSULTANT for review and response by the CITY.
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1.6.7 Substitutes. The CONSULTANT shall evaluate and determine the acceptability of substitute
materials and equipment proposed by the Contractor(s).
1.6.8 Inspections and Tests. The CONSULTANT shall have authority, as the CITY's representative,to
require special inspection or testing of the work, and shall receive and review all certificates of
inspections, testings and approvals required by laws, rules, regulations, ordinances, codes, orders and
terms of the Drawings and Specifications (but only to determine generally that their content complies
with the requirements of, and the results certified indicate compliance with, the Drawings and Specifica-
tions) and, in addition, the CONSULTANT shall have authority, as the CITY's representative, to act as
initial interpreter of the requirements of the Drawings and Specifications.
1.6.9 Applications for Payment. Based on the CONSULTANT's on-site observations as an
experienced and qualified design professional and on review of applications for payment and the
accompanying data and schedules, the CONSULTANT shall determine the amounts owing to the
Contractor(s) and recommend in writing payments to the Contractor(s) in such amounts: such
recommendations of payment will constitute a representation to the CITY, based on such observations
and review, that the work has progressed to the point indicated, and that, to the best of the
CONSULTANT's knowledge, information and belief, the quality of such work is generally in
accordance with the Construction Contract Documents, Drawings and Specifications (subject to an
evaluation of such work as a functioning Project upon Substantial Completion, to the results of any
subsequent tests called for in the Construction Contract Documents, and to any qualifications stated in
his recommendation), and that payment of the amount recommended is due to the Contractor(s); but by
recommending any payment, the CONSULTANT will not thereby be deemed to have represented that
continuous or exhaustive examinations have been made by the CONSULTANT to check the quality or
quantity of the work or impose on the CONSULTANT responsibility to supervise,direct, or control such
work, or for the means, methods, sequences, techniques or procedures of construction or safety
precautions or program incident thereto, or that the CONSULTANT has made an examination to
ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract
Price, or that title to any of the work, materials or equipment has passed to the CITY free and clear of
any lien, claims, security interests or encumbrances, or that the Contractor(s) have completed their work
exactly in accordance with the Contract Documents, Drawings and Specifications.
1.6.10 Review Record Drawings. If providing Construction Manager and/or Field Representative
Services, the CONSULTANT shall periodically review the Record Drawings as prepared by the
Contractor(s) and verify the accuracy and completeness thereof prior to recommendation to the CITY of
the release of progress payments for the work in question.
1.6.11 Track Progress of Contractor. If providing Construction Manager and/or Field Representative
Services, the CONSULTANT shall track the progress of the Contractor(s) and submit a written report to
the CITY, at the 30%, 60% and 90% stages of the construction (as identified by the Contractor(s)
original approved schedule) or as defined in the Services Authorization, documenting the progress of the
Contractor relative to the original approved Schedule.
1.6.12 Minimize Claims. The CONSULTANT shall endeavor to minimize the potential areas for
Contractor claims by initiating timely, thorough, and complete communication among the CITY and the
design and construction contract principals; other local, state, or federal parties (when directed by the
CITY); or private entities that may also be involved. Upon identification of a potential Contractor claim,
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the CONSULTANT shall immediately notify the CITY of all data relevant to the potential Contractor
claims, and of which the CONSULTANT is aware.
1.6.13 Resolve Construction-Related Difficulties. The CONSULTANT shall report to the CITY the
status of all significant construction-related system operational and system quality concerns, as well as
the actions taken by the CONSULTANT to encourage effective communication and timely resolution
thereof. Once a problem area is identified, the CONSULTANT shall keep a detailed log on the item in
question, and pursue the timely resolution of that item.
1.6.14 Contractor(s)' Completion Documents. The CONSULTANT shall receive and review
maintenance operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and
approvals which are to be assembled by the Contractor(s) in accordance with the Construction Contract
Documents (but such review will only be to determine that their content complies with the requirements
of, and, in the case of certificates of inspection, tests, and approvals, the results certified will indicate
compliance with the Construction Contract Documents, Drawings and Specifications); and shall transmit
them to the CITY with written comments.
1.6.15 Inspections. The CONSULTANT shall conduct an inspection to determine if the Project is
substantially complete and a fmal inspection to determine if the Project has been completed in general
accordance with the Construction Contract Documents, Drawings and Specifications, so that the
CONSULTANT may recommend, in writing, final payment to each Contractor, and may give written
notice to the CITY and the Contractor(s),that the work is acceptable (subject to any conditions, therein
expressed). In addition,the CONSULTANT shall conduct a warranty inspection and report to the CITY,
in writing,the results of the inspection, including any warranty related defects identified.
1.6.16 Limitation of Responsibilities. The CONSULTANT shall not be responsible for the acts or
omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s)' or
subcontractor's or supplier's agents or employees or any other persons (except the CONSULTANT's own
subconsultants, employees and agents) at the site or otherwise furnishing or performing any of the
Contractor(s)' work; provided, however, that nothing contained in Subsections 1.6.1 through 1.6.15,
inclusive, shall be construed to release the CONSULTANT from liability for failure to properly perform
duties and responsibilities assumed by the CONSULTANT.
1.6.17 Subcontractors and Subconsultants. In performing the Services and to see them to a timely,
efficient, and cost-effective completion, the CONSULTANT shall have the right to employ other firms,
consultants, contractors, subcontractors, and so forth (Subconsultants). While the CITY shall make no
demand that the CONSULTANT hire any particular Subconsultant for any specific Project, by
acquiescing to or accepting a Subconsultant hired by the CONSULTANT, the CITY does not guarantee
or warrant the reliability or effectiveness of that entity's services.
SECTION 2
ADDITIONAL SERVICES OF CONSULTANT
2.1 General
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The CITY may, at its sole discretion, provide the CONSULTANT with a Services Authorization to
furnish or obtain (from others) Additional Services of the following types which are not considered
normal or customary Basic Services, as described above. These additional services may include, but are
not limited to, the following:
2.1.1 Preparation of applications and supporting documents (in addition to those furnished under Basic
Services) for private or governmental grants, loans or advances in connection with the Project;
preparation or review of environmental assessments and impact statements; review and evaluation of the
effect on the design requirements of the Project of any statements and documents prepared by others;
and assistance in obtaining approvals of authorities having jurisdiction over the anticipated
environmental impact of the Project.
2.1.2 Services resulting from significant changes in the previously approved extent of the Project or its
design including, but not limited to, changes in size, complexity, the CITY's schedule, or character of
construction or method of financing; and revising previously accepted studies, reports, design documents
or Construction Contract Documents when such revisions are due to causes beyond the
CONSULTANT's control.
2.1.3 Providing measured drawings,renderings or models for the CITY's or the CONSULTANT's use.
2.1.4 Preparing documents for alternate bids requested by the CITY for the Contractor(s)' work which
is not executed, or documents for out-of-sequence work.
2.1.5 Investigations involving detailed consideration of operations, maintenance and overhead
expenses; Value Engineering during the course of design; cash flow and economic evaluations not
envisioned in a preliminary consulting report; rate schedules and appraisals; assistance in obtaining
financing for the Project; processes available for licensing and assisting the CITY in obtaining process
licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required
in connection with construction performed by the CITY.
2.1.6 Furnishing services of independent professional associates and consultants for other than Basic
Services (which include, but are not limited to, customary civil, structural, mechanical, environmental,
architectural, transportation, stormwater, irrigation, landscaping, and electrical engineering); and for
providing data or services beyond those described as Basic Services,herein.
2.1.7 Services resulting from the award of more than one prime contract for construction, materials,
equipment or services for the Project, and services resulting from the arranging for performance by
persons (other than the prime Contractors) of services for the CITY and administering the CITY's
contracts for such services.
2.1.8 Services during out-of-town travel required of the CONSULTANT, other than visits to the site or
the CITY's office which are necessary for the performance of Basic Services.
2.1.9 Providing any type of field surveys for design purposes and engineering surveys and staking to
enable the Contractor(s)to proceed with their work; and providing other special field surveys.
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2.1.10 Where applicable, and with approval of the CITY, preparation of operating and maintenance
manuals; protracted or extensive assistance in the utilization of any equipment or system (such as initial
start up,testing, adjusting and balancing); and training personnel for operation and maintenance.
2.1.11 Preparing to serve (or serving) as a consultant or witness for the CITY in any litigation,
arbitration or other legal or administrative proceeding involving the Project (except for assistance in
consultations included as part of Basic Services).
2.1.12 Services in connection with change orders to reflect changes requested by the CITY, and making
revisions to Drawings and Specifications occasioned thereby.
2.1.13 Preparing for the CITY, on request, a set of reproducible record prints of signed and sealed
Drawings showing those changes made during the construction process. Such prints shall be based on
the marked-up prints, drawings and other data furnished by the Contractor(s) to the CONSULTANT and
which the CONSULTANT considered significant (Record Drawings). If the CITY requests the original
Record Drawings so prepared by the CONSULTANT, the CONSULTANT may have them delivered to
a printer that will not unreasonably delay the delivery of the record drawings. It is anticipated that the
printer may deliver to the CONSULTANT a copy of the original reproducible mylars. Both the original
and copy of the original reproducible mylars will be at no cost to the CITY. The CITY agrees to receive
the original reproducible record drawings directly from the printer. The CITY will acknowledge, in
writing to the CONSULTANT, its receipt of the original reproducible mylars. This receipt, however,
shall not be construed as the CITY's acceptance or waiver of any errors or omissions, or both of these
things, that may be contained in the signed and sealed Record Drawings themselves. Upon receipt of the
original reproducible mylars, the CITY agrees that, as the CONSULTANT has not retained a
reproducible copy of the documents, the CONSULTANT will not produce further copies of these
documents for the CITY.
2.1.14 Additional or extended service during construction made necessary by, (1) work damaged
through means beyond control of the CONSULTANT, (2) a significant amount of defective or neglected
work of the Contractor(s) not resulting from the inadequate performance of the CONSULTANT under
the terms of the Agreement, (3) prolongation of contract time of any prime Contractor by more than
thirty (30) days, (4) acceleration of the progress schedule involving Services beyond normal working
hours, and(5) default by the prime Contractor(s).
2.1.15 Services after completion of the Construction Phase, such as inspections during any guarantee
period and reporting observed discrepancies under guarantees called for in any construction contract for
the Project.
2.1.16 Assistance in the preparation of ordinances.
2.1.17 Assistance in the preparation of agreements between the CITY and others (including, but not
limited to, other units of government, developers, districts, and authorities).
2.1.18 Special studies,reports, investigations or analyses.
2.1.19 Services in connection with any partial utilization of any part of the Project by the CITY prior to
Substantial Completion.
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2.1.20 Evaluating an unreasonable or extensive number of claims submitted by the Contractor(s) or
others in connection with the work, such unreasonableness and extensiveness to be at the CITY's request
and determination.
2.1.21 The filing of a written Status Report with the CITY concerning, 1) a description of the Services
performed and completed to a date certain, 2) the results of such Services and work(i.e.,their relation to
the total Project Work, the percentage of Project Services then completed), and 3) any other observations
or comments that the CONSULTANT believes or should reasonably believe will affect the successful
completion of the Project, or that should otherwise be brought to the CITY's attention. The frequency of
such reports shall be set forth in each Services Authorization.
2.1.22 Additional services in connection with the Project not otherwise defined in the Basic Services, or
as described elsewhere herein, and including but not limited to start-up services that shall be defined in
the appropriate Services Authorization.
SECTION 3
CITY'S RESPONSIBILITIES
3.1 Reapiirements for the Project
The CITY shall provide criteria and information as may be needed by the Consultant to ascertain and
meet the CITY'S requirements for the Project in a timely manner, including design objectives and
constraints; space, capacity and performance requirements; flexibility and expandability matters; and any
budgetary limitations; and furnish copies of all design and construction standards which the CITY will
require to be included in the Drawings and Specifications.
3.2 Jnformation Pertinent to the Project
The CITY shall provide the CONSULTANT with access to the City's records to allow the
CONSULTANT to identify all available information pertinent to the Project (including previous reports
and any other data relative to design or construction of the Project). The CITY shall make reasonable
efforts to identify such pertinent information for the CONSULTANT. The CONSULTANT is ultimately
responsible for satisfying itself as to accuracy of any Data provided, and, furthermore, the
CONSULTANT is responsible for bringing to the CITY's attention, for the CITY's resolution, any
material inconsistencies or errors in such Data which come to the CONSULTANT's attention. If the
CITY requires the CONSULTANT's assistance in resolving any error or inconsistency, such Services
may be provided by mutual agreement of the parties, and shall be reimbursed by the CITY pursuant to
Subsection 2.1.22, above.
3.3 Access to Property
The CITY shall arrange for access to and make provisions for the CONSULTANT to enter upon public
and private property as required for the CONSULTANT to perform its Services.
3.4 Fxamination
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The CITY shall examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within
a reasonable time.
3.5 Approvals and Permits
The CITY shall obtain approvals and permits, with the active assistance and advice of the
CONSULTANT (and as budgeted in the applicable Services Authorization), from all governmental
authorities having jurisdiction over the Project, and such approvals and consents from others as may be
necessary for successful completion of the Project.
3.6 Other Professional Services
The CITY shall provide such (accounting, independent cost estimating, and insurance counseling)
services as may be required for the Project, to ascertain that the construction Contractor(s)are complying
with any law, rule, regulation, ordinance, code, or order applicable to their furnishing and performing the
Project work.
3.7 City Project Manager
The CITY reserves the right to appoint a City Project Manager for any Services Authorization. The City
Project Manager may be the City Engineer/Utilities CITY (CITY) or the CITY's designee. The Project
Manager for the City, and shall issue any and all written authorizations to the CONSULTANT that the
Project may require, or that may otherwise be defined or referred to in this Agreement. The City Project
Manager shall also, 1) act as the CITY's agent with respect to the Services rendered hereunder; 2)
transmit instructions to and receive information from the CONSULTANT; 3) communicate the CITY's
policies and decisions to the CONSULTANT regarding the Services; 4) determine, initially, whether the
CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder; and 5) determine,
initially, the merits of any allegation by the CONSULTANT respecting the CITY's non performance of
any Project obligation. All determinations made by the City Project Manager, as outlined above, shall be
final and binding upon the CONSULTANT in regard to further administrative review, but shall not be
binding upon the CONSULTANT in regard to general appearances before or appeals to the Ocoee City
Commission, or appearances before or appeals to a court of competent jurisdiction.
3.8 Notice and Pxtension of Term
The CITY shall give prompt written notice to the CONSULTANT whenever the CITY observes or
otherwise becomes aware of any development that affects the scope or timing of the CONSULTANT's
Services, or any defect in the work of the Contractor(s). If the CONSULTANT has been delayed in
completing its Services through no fault or negligence of its own, and, as a result, will be unable to
complete performance fully and satisfactorily under the provisions of any Services Authorization, then,
in the CITY's sole discretion, and upon the submission to the CITY of evidence of the causes of the
delay, the CONSULTANT shall be granted an extension of its Project schedule equal to the period the
CONSULTANT was actually and necessarily delayed.
3.9 CTTY's Constniction Management
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The CITY may provide Construction Manager(s) and Field Representative(s) to monitor construction
activities. When the CITY provides Construction Manager(s) and Field Representative(s), his duties,
responsibilities and limitations of authority shall be as set forth in the Construction Contract Documents
and the following will apply:
3.9.1 The Construction Manager will provide instructions to the Field Representative(s) on procedures
to be followed, and will schedule inspections of construction. The Field Representative(s) shall be
responsible for proper execution of the Construction Manager's instructions.
3.9.2 The CITY's Construction Manager(s) and Field Representative(s) shall have prior construction
experience, or shall be trained by the CITY to assure that the foregoing have sufficient understanding of
their duties and personal job safety precautions on the subject Project. The CONSULTANT, has no
responsibility for training of the CITY's representative(s), or for general duties of a representative on the
subject Project, or for general job safety precautions on the subject Project.
3.10 Additional Services
The CITY shall furnish, or direct the CONSULTANT to provide, necessary Additional Services as
stipulated in Section 2 of this Agreement, or other Services as required, or as mutually agreed pursuant
to a Services Authorization.
3.11 Incidental Costs
The CITY shall bear all costs incident to compliance with the requirements of this Section.
SECTION 4
PERIOD OF SERVICE
4.1 Continuing Contract
This Agreement shall continue in full force and effect from the date of the Agreement for a period of
five (5) separate one year terms. Each one year term shall automatically be renewable on the date of this
Agreement for the next succeeding one year term with the condition that the CITY'S obligation to pay
under this Agreement for each year is contingent upon the CITY in its good faith judgment having
sufficient funds to make an annual appropriation for the Services to be provided under this Agreement.
The Agreement shall continue in full force and effect from the date first written above or until
terminated in accordance with SECTION 8. The CITY shall have the option of extending the term an
additional one (1) year. The above time periods may be extended to complete Services being rendered
under a Project that has already been identified in a Services Authorization issued prior to the expiration
of the Agreement.
4.2 Services Authorization1
Each Services Authorization shall specify the Period of Service agreed to by the CITY and the
CONSULTANT for Services to be rendered under that Services Authorization.
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SECTION 5
PAYMENTS TO CONSULTANT
5.1 General
5.1.1 The CITY will pay the CONSULTANT for the Services as detailed in each of the
CONSULTANT's narrative monthly invoices (Invoices), and in accordance with the schedule of Fees
and reimbursable expenses as provided in each Services Authorization. The invoices shall be in a format
approved by the Project Manager.
5.1.2 The CONSULTANT fully acknowledges and agrees that if at any time it performs Services on a
Project contemplated by the parties, such Services which have not been, a) fully negotiated, reduced to
writing, and formally executed by both the CITY and CONSULTANT; b) or reduced to writing by the
CITY and signed by the CITY; then the CONSULTANT shall perform such Services without liability to
the CITY, and at the CONSULTANT's own risk.
5.1.3 For other than lump-sum contracts, the CITY shall only be obligated to pay for those Services
that the CONSULTANT can demonstrate are reasonable, provable, and within the Scope of Services of
any Services Authorization.
5.1.4 The CITY has established a maximum multiplier of to be applicable to the Wage Cost
Multiplier method of compensation, as set forth below.
5.2 Methods of Compensation
Within the Services Authorization associated with each Project, the CITY and the CONSULTANT may
agree on, but not be limited to, one of the methods of compensation outlined in Subsections 5.2.1,et seq.
If a different method of compensation is to be used, the Services Authorization will set forth the basis
for such compensation.
5.2.1 Wage Cost Multiplier
5.2.1.1 General. One method of compensation shall be calculated by a wage or salary cost times
(multiplied by) an actual audited overhead factor (Wage Cost Multiplier); provided, however, that in no
instance shall the factor exceed (Multiplier). Reimbursable expenses shall be reimbursed
without markup. Reimbursable expenses for Sub-consultants may be marked up by a factor not to
exceed 1.1. Reimbursable expenses include the pass-through costs incurred by the CONSULTANT.
After application of the Multiplier,the personnel costs shall include:
a) Salary
b) Social Security
c) Federal and State Unemployment Taxes
d) Worker's Compensation Insurance
e) Sick Leave
0 Vacation and Holiday Pay
g) Retirement and Medical Insurance Benefits
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h) General and Administrative Overhead Costs
i) Quality Control (to ensure normal standard of care)
j) Profit
k) Incidental Reproduction and Secretarial (not attributable to a specific Project)
1) Office Support Costs (including accounting work necessary for the maintenance of
Project billings)
5.2.1.2 Wage Cost Multiplier for Construction Phase Services on Major Projects. (This
Subsection shall apply to assignments which require one or more full-time field personnel assigned to a
Project.) The CITY shall pay the CONSULTANT an amount based on the direct salaries and wages of
office and field personnel times (multiplied by) the applicable factor as set forth below, for Services
rendered by officers, principals, and employees assigned to the Project; plus reimbursable expenses
marked up by a factor of 1.0; plus the cost of Subconsultants times a factor of up to 1.1. The factors to
be applied to direct salaries and wages are as follows:
Factor
Office Services, defined as personnel assigned to and based in the
CONSULTANT's regular places of business max
•
Field Services, defined as personnel assigned to and based in a
furnished field office which is provided by, 1)the construction
Contractor, 2)the CITY, or 3)by the CONSULTANT as a
reimbursable expense. max
Reimbursable expenses shall be as defined in Subsection 5.3, with the following additions and
clarifications:
1. The cost of communications services and equipment for Field Personnel, including but not
limited to pagers,mobile radios,base station radios, and field office telephones.
2. The cost of transportation equipment for field personnel based on the cost to lease the vehicle(s),
plus the estimated cost of insurance, fuel, and maintenance. The CONSULTANT shall submit a
Transportation Equipment Schedule showing the number, types, and monthly cost of vehicles to
be assigned to the Project as a part of the CONSULTANT's cost proposal. The CONSULTANT
shall invoice the CITY monthly for the cost of transportation equipment in accordance with the
Transportation Equipment Schedule, which shall be part of the Services Authorization for the
Project.
5.2.2 Lump Sum
For Services rendered, the CITY shall pay the CONSULTANT a lump-sum fee, including or excluding
reimbursable expenses as mutually agreed upon and set forth in the Services Authorization. The
CONSULTANT will invoice the CITY monthly, based upon the CONSULTANT's estimate of the
portion of the total Services actually completed at the time of billing.
5.3 Reimhnrsahle Expenses
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"Reimbursable Expenses" means the actual, necessary and reasonable expenses incurred directly or
indirectly in connection with the Project for: transportation and subsistence incidental thereto for travel
outside Orange and Seminole Counties; obtaining bids or proposals from Contractor(s); furnishing and
maintaining field office facilities; toll telephone calls and telegrams; reproduction of reports, Drawings
and Specifications, and similar Project-related items; as provided in the CITY's Policy and Procedure
Manual.
5.4 Payments by Owner
5.4.1 All Services' payment (Payment) shall be made by the City to the CONSULTANT within thirty
(30) calendar days of the City's invoice receipt thereof (Payment Period), unless, within the Payment
Period, the CITY, 1) notifies the CONSULTANT of an objection to the Payment amount, and 2) either
provides the CONSULTANT with a determination of the proper Payment, or 3) requests further
information from the CONSULTANT so that a proper Payment can be derived and agreed upon by the
parties.
5.4.2 The CITY's objection to the Payment amount shall be accompanied by the CITY's remittance of
any undisputed portion of the Payment. If the objection is resolved in favor of the CONSULTANT,then
the CITY shall pay the CONSULTANT the amount [beginning from the Payment Period,plus interest at
one percent(1%) simple interest, per month] so determined, minus any Payment amount previously paid
to the CONSULTANT with respect to the objection. If it is determined that the CITY has overpaid the
CONSULTANT, then the CONSULTANT shall, within thirty (30) calendar days, refund to the CITY
the overpayment amount, and interest, at one percent (1%) simple interest, per month, and the
CONSULTANT shall not be held to be in breach of this Agreement thereby.
5.5 Records
The CONSULTANT also agrees to maintain, and to cause each Subconsultant to maintain, complete and
accurate books and records (Books) in accordance with sound accounting principles and standards, and
relating to all Services and the Project, and the related costs and expenditures to the CITY that have been
contracted for and paid during the life of any Specific Authorization. The Books shall identify the
Services rendered during each month of the Services Authorization, the date that each Project expense
was incurred, and whether the expense was Service or reimbursable-related. These Books shall be
maintained for five (5) years following Final Payment; or five (5) years following termination of any
Services Authorization; whichever is the longer of these times.
5.6 Tate Payment
If the CITY fails to make any payment due the CONSULTANT for Services and expenses within
forty-five (45) days after receipt of the CONSULTANT's invoice therefor, the amounts due the
CONSULTANT shall include a charge at the rate of one percent (1%) per month simple interest from
the thirtieth (30th) day, and, in addition the CONSULTANT may, after giving seven (7) calendar days'
prior written notice to the CITY, suspend Services under this Agreement until the CONSULTANT has
been paid, in full, amounts due it for Services and expenses. Any portion of an invoice that is objected
to or questioned by the CITY in accordance with Subsection 5.4 shall not be considered due for the
purposes of this Subsection.
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5.7 Overtime
Overtime will be paid by the CITY only if authorized in advance by the CITY for work to be performed
to meet a particular deadline for which there is insufficient time to accomplish the task during normal
hours,through no fault of the CONSULTANT.
5.8 Scope, Cost and Fee Adjustment
5.8.1 General. The CONSULTANT or the CITY may at any time notify the other of requested
changes to the Scope of Services as set forth in a Services Authorization. The notification shall state the
Scope modification and an adjustment of the cost estimate and fee specified in the subject Services
Authorization to reflect such modification. The cost and fee adjustment due to modification in the
Scope of Services may be calculated utilizing the same method of compensation applicable to the
Services Authorization prior to the Scope modification. The CONSULTANT and the CITY understand
that, unless the cost and fee adjustment is within a previously approved budget, any change to the Scope
of Services must be approved or authorized by the Ocoee City Commission. If the cost and fee
adjustment is within a previously approved budget for changes to the Scope of Services for the overall
Project,the change may be approved by the CITY.
5.8.2 Scope Reduction. The CITY shall have the sole right to reduce (or eliminate, in whole or in part)
the Scope of any Project at any time and for any reason, upon written notice to the CONSULTANT
specifying the nature and extent of the reduction. In such event the CONSULTANT shall be fully
compensated for the Services already performed, including payment as defined in Section 5 of all
Project-specific fee amounts due and payable prior to the effective date stated in the CITY's notification
of the reduction and for a maximum of five (5) days' demobilization costs. The CONSULTANT shall
also be compensated for the Services remaining to be done and not reduced or eliminated on the Project.
5.8.3 Scope Suspension. The CITY may, at any time and for any reason, direct the CONSULTANT to
suspend work (in whole or in part) under this Agreement. Such direction shall be in writing, and shall
specify the period during which Services shall be stopped. The CONSULTANT shall resume its
Services upon the date specified, or upon such other date as the CITY may thereafter specify in writing.
The period during which the Services are stopped by the CITY shall be added to the applicable Services
Authorization term; provided, however, that any work stoppage not approved or caused by the actions or
inactions of the CITY shall not give rise to any claim against the CITY by the CONSULTANT. The
CITY agrees to compensate the CONSULTANT for its reasonable and provable costs attributable to any
delay approved or caused by the actions or inactions of the CITY.
5.9 Sales Tax
Under present Florida law, the CITY is exempt from sales taxes imposed upon professional services
when the CITY purchases such services directly. The CITY agrees to pay actual taxes (exclusive of any
multiplier) imposed upon the CONSULTANT, for CITY Projects, for the CONSULTANT's purchase of
subconsultant services, or materials, except for qualified sales for resales. The CITY and the
CONSULTANT agree that this Subsection may be modified by Services Authorization, in the event of
future changes to Florida law that affect the parties,terms, or conditions of this Agreement.
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5.10 Payment Withheld
When the CITY has reasonable ground for belief, or information to believe that, 1) the CONSULTANT
will be unable to perform the Services under any Services Authorization within the related Project Term;
or 2) a meritorious claim exists against the CONSULTANT or the CITY arising out of the
CONSULTANT's negligence or the CONSULTANT's breach of any provision of this Agreement or any
Services Authorization; then the CITY may withhold a Payment otherwise due and payable to the
CONSULTANT; provided, however, that the CITY shall not unreasonably withhold other Services
Authorization payments that may not otherwise be in dispute. Any Payment so withheld may be retained
by the CITY for such period as it deems advisable to protect the CITY against any loss or deprivation
that the CITY may incur pursuant to this Subsection, or as may be determined by a court of competent
jurisdiction. This provision is intended solely for the benefit of the CITY, and no person shall have any
right against the CITY or claim against the CITY by reason of the CITY's failure or refusal to withhold a
Payment. Interest [one percent (1%) simple interest, per month] shall only be payable by the CITY, on
any amounts withheld under this provision if the CITY has acted unreasonably. This provision is not
intended to limit or in any way prejudice any other right the CITY may have in this regard, or any right
or defense that the CONSULTANT might choose to exercise against the CITY.
5.11 Termination
Upon the termination of this Agreement, or any Services Authorization issued under this Agreement,the
CONSULTANT shall prepare a final and complete Payment Statement for all Services and reimbursable
expenses incurred since the posting of the last Payment Statement, and through the date of termination.
The final Payment Statement shall be subject to all of the provisions described in Section 5.
5.12 Final Payment
The acceptance by the CONSULTANT, its successors, or assigns, of any final Payment due upon the
termination of this Agreement or any Services Authorization, shall constitute a full and complete release
of the CITY from any and all claims or demands regarding further compensation for authorized Services
rendered prior to such Final Payment that the CONSULTANT, its successors, or assigns have or may
have against the CITY under the provisions of this Agreement, unless otherwise previously and properly
filed pursuant to the provisions of this Agreement, or in a court of competent jurisdiction. This
Subsection does not affect any other portion of this Agreement that extends obligations of the parties
beyond Final Payment.
SECTION 6
CONSTRUCTION COST AND OPINIONS OF COST
6.1 Consultant's Estimate of Project Construction Cost
Any estimated project construction cost provided to the CITY by the CONSULTANT under this
Agreement or any Services Authorization issued under this Agreement shall be deemed to mean the total
cost to the CITY of those portions of the entire Project designed and specified by the CONSULTANT,
but will not include the CONSULTANT's compensation and expenses, the cost of land rights-of-way, or
compensation for or damages to properties, unless the applicable Services Authorization so specifies;
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nor will it include the CITY's legal, accounting, insurance-counseling, or auditing services, or interest
and financing charges incurred in connection with the Project, or the cost of other services to be
provided by others to the CITY.
6.2 Consultant's Estimate of Probable Construction Cost
6.2.1 General. Since the CONSULTANT has no control over the cost of labor, materials, equipment
or services furnished by others, or over the Contractor(s)' methods of determining prices, or over
competitive bidding or market conditions, the CONSULTANT's opinions of Total Project Cost and
Construction Cost Estimate provided for hereinabove are to be made on the basis of the
CONSULTANT's experience and qualifications, and represent the CONSULTANT's best judgment as
an experienced and qualified professional which is familiar with the construction industry; but the
CONSULTANT cannot and does not guarantee that proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of probable cost prepared by the CONSULTANT.
6.2.2 Construction Cost. If a Construction Cost Estimate is required to be provided by the
CONSULTANT pursuant to a Services Authorization,then the following will apply:
6.2.2.1 The acceptance by the CITY at any time during the Basic Services of a revised opinion of
Total Project Cost or Construction Cost Estimate in excess of the then established cost limit will
constitute a corresponding revision in the Construction Cost Estimate limit to the extent indicated in
such revised opinion.
6.2.2.2 If a Construction Cost Estimate is established, the CONSULTANT will be permitted,
with review and approval by the CITY, to determine what types of materials, equipment and component
systems are to be included in the Drawings and Specifications and to make reasonable adjustments in the
general scope, extent and character of the Project to bring it within the cost estimate.
6.2.2.3 If the Bidding or negotiating Phase of a Project has not commenced within six (6)months
after completion of the Final Design Phase, the established Construction Cost Estimate will not be
binding on the CONSULTANT, and the CITY shall consent to any reasonable adjustment in the
Construction Cost Estimate commensurate with any applicable change in the general level of prices in
the construction industry between the date of completion of the Final Design Phase and the date on
which proposals or bids are sought.
6.2.2.4 If the lowest bona fide proposal or bid exceeds the established Construction Cost
Estimate by 15%, but less than 25%, the CITY may, (1) give written approval to increase such
Construction Cost Estimate, (2) authorize negotiating or rebidding of the Project within a reasonable
time, or (3) cooperate in revising the Project's general scope, extent or character to the extent consistent
with the Project's requirements and with sound professional practices. In the case of (3), the
CONSULTANT shall modify the Drawings and Specifications as necessary to bring the construction
cost within the Construction Cost Estimate. In lieu of other compensation for Services in making such
modifications, the CITY shall pay the CONSULTANT's cost of such Services, all overhead expenses
reasonably related thereto, and Reimbursable Expenses, but without profit to the CONSULTANT on
account of such Services; and the CONSULTANT's providing these modification Services shall be the
extent of the CONSULTANT's cost-estimating liability as memorialized in this Subsection.
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6.2.2.5 If the lowest bona fide proposal or bid exceeds the established Construction Cost
Estimate by 25% or more, the CITY may, (1) give written approval to increase the Construction Cost
Estimate, (2) authorize negotiations or rebidding of the Project within a reasonable time, or(3)cooperate
in revising the Project's general scope, extent or character to the extent consistent with the Project's
requirements and with sound professional practices. In the case of(3),the CONSULTANT shall modify
the Drawings and Specifications as necessary to bring the construction cost within the Construction Cost
Estimate at no cost to the CITY.
SECTION 7
TERMINATION
7.1 Termination Without Cause
This Agreement may be terminated by either party by delivering a thirty (30) written notice to the other
party. In the event of the termination of this Agreement, any liability of one party to the other arising out
of any Services rendered, or any act or event occurring prior to the termination, shall not be deemed to
be terminated or released. The CONSULTANT shall be paid for Services completed prior to receipt of
the termination notice and for reasonable termination settlement costs relating to commitments which
had become firm prior to the termination; however, payment to the CONSULTANT will exclude any
and all anticipated supplemental costs, administrative expenses, overhead and profit on uncompleted
Services.
7.2 Termination for Cause
7.2.1 In addition to any other termination provisions that may be provided in this Agreement,the CITY
may terminate this Agreement, or any Services Authorization issued under this Agreement, in whole or
in part if the CONSULTANT makes a willfully false Payment Statement; or substantially fails to
perform any obligation under this Agreement or Services Authorization and does not remedy the failure
within fifteen (15) calendar days after receipt by the CONSULTANT of written demand from the CITY
to do so, unless, however, the nature of the failure is such that it cannot, in the exercise of reasonable
diligence, be remedied within fifteen (15) calendar days, in which case the CONSULTANT shall have
such time as is reasonably necessary to remedy the failure, provided the CONSULTANT promptly takes
and diligently pursues such actions as are necessary therefor. The CONSULTANT may terminate this
Agreement or any Services Authorization issued under this Agreement, if the CITY substantially fails to
perform any obligation under this Agreement, and does not remedy the failure within fifteen (15)
calendar days after receipt by the CITY of written demand from the CONSULTANT to do so, unless,
however, the nature of the failure is such that it cannot, in the exercise of reasonable diligence, be
remedied within fifteen(15) calendar days, in which case the CITY shall have such time as is reasonably
necessary to remedy the failure, provided it promptly takes and diligently pursues such actions as are
necessary therefor.
7.2.2 Upon termination of this Agreement for Cause by the CITY, the City may pay the
CONSULTANT for those Services actually rendered and contracted for under a Services Authorization,
and those reasonable and provable expenses required by any Services Authorization and actually
incurred by the CONSULTANT for Services prior to the effective date of termination. Such payments,
however, shall be, 1) reduced by an amount equal to any additional costs and damages incurred by the
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CITY as a result of the default(s) of the CONSULTANT, including all incidental and consequential fees
and expenses.
7.3 Delivery of Materials i Jpon Termination
In the event of termination of this Agreement (or any Services Authorization) by the CITY, prior to the
CONSULTANT's satisfactory completion of all the Services described or alluded to herein, the
CONSULTANT shall promptly furnish the CITY, at no additional cost or expense, with one (1) copy of
the following items (Documents), any or all of which may have been produced prior to and including the
date of termination: data, specifications, calculations, estimates, plans, drawings, construction
documents, photographs, summaries, reports, memoranda; and any and all other documents, instruments,
information, and materials (whether or not completed) generated or prepared by the CONSULTANT, or
by any Subconsultant, in rendering the Services described herein, and not previously furnished to the
CITY by the CONSULTANT pursuant to this Agreement, or any Services Authorization. The
Documents shall be the sole property of the CITY, and the CITY shall be vested with all rights provided
therein of whatever kind and however created. The CONSULTANT shall also require that all such
Subconsultants agree in writing to be bound by the provisions of this Subsection.
SECTION 8
SUSPENSION
8.1 General
The CITY has the right to suspend the CONSULTANT's Services pursuant to any Services
Authorization. However, if the CITY suspends the CONSULTANT's Services pursuant to any Services
Authorization, the CITY will add to the Period of Service for such Services Authorization a period not
less than the duration of such suspension and compensate the CONSULTANT for its reasonable and
provable costs, profits (as agreed to by the CITY), and losses (including overhead costs, Reimbursable
and Subconsultant expenses incurred) associated with demobilization and remobilization for such
suspended Service.
SECTION 9
MATERIALS,REUSE OF DOCUMENTS,AND CONFIDENTIALITY
9.1 General
One reproducible copy of all data, inspector's reports, job files, test reports, copies of Shop Drawings,
construction photographs, cost control and scheduling data, computer printouts, Contractor's submittals,
summaries, memoranda; and other written work, documents, instruments, information, and materials
(whether or not completed) generated or prepared by the CONSULTANT especially for the Services
rendered hereunder; shall be supplied to the CITY at the CITY's request by the CONSULTANT, and at
the CITY's cost. The final work product of all such materials (e.g., signed and sealed Drawings and
Specifications used to record design and as-built conditions; studies; analyses; and so forth), along with
all formal CONSULTANT-CITY correspondence concerning any Project (e.g. letters, tapes,
memoranda, etc.) shall be the sole property of the CITY. All materials described above shall be retained
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by the CONSULTANT for the statutory period (§95.11, Fla. Stat., as it may be from time-to-time
amended), or as may otherwise be agreed by the parties in a Services Authorization. Furthermore, the
CITY may reuse them at no additional cost, and the CITY shall be vested with all rights of whatever
kind and however created that may be in existence thereto.
9.2 Reuse of Documentt
The CITY acknowledges that the materials described immediately above are not intended for use in
connection with any Project or purpose other than the Project and purpose for which the materials are
prepared. Any use by the CITY of such materials in connection with a Project or purpose other than that
for which such materials were prepared, without the prior written consent of the CONSULTANT, shall
be at the CITY's sole risk, and the CONSULTANT shall have no responsibility or liability related
thereto.
SECTION 10
NOTICES
All notices denominated as such by this Agreement, or the City Code, or Florida law, required to be
given to the CONSULTANT hereunder shall be in writing, and shall be given by hand-delivery or
United States mail,postage prepaid, addressed to:
All notices required to be given to the CITY shall be in writing, and shall be given by hand-delivery or
United States mail,postage prepaid,to the CITY and City Clerk, separately, at:
CITY OF OCOEE
150 North Lakeshore Drive
Ocoee, Florida 34761
Attention: City Manager
Either party may change its address, for the purposes of this Subsection, by written notice to the other
party given in accordance with the provisions of this Subsection.
SECTION 11
CONFLICTS OF INTEREST
The CONSULTANT represents and warrants unto the CITY that no officer, employee, or agent of the
CITY has any interest, either directly or indirectly, in the business of the CONSULTANT to be
conducted hereunder. The CONSULTANT further represents and warrants to the CITY that it has not
employed or retained any company or person, other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this Agreement, and that it has not paid, or agreed to pay, or given
or offered any fee, commission, percentage, gift, loan, or anything of value (Value) to any person,
company, corporation, individual, or firm, other than bona fide Personnel working solely for the
CONSULTANT, in consideration for or contingent upon, or resulting from the award or making of this
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Agreement. Further, the CONSULTANT also acknowledges that it has not agreed, as an expressed or
implied condition for obtaining this Agreement,to employ or retain the services of any person, company,
individual or firm in connection with carrying out this Agreement. It is absolutely understood and
agreed by the CONSULTANT that, for the breach or violation of this Subsection, the CITY shall have
the right to terminate this Agreement without liability and at its sole discretion, and to deduct from any
amounts owed, or to otherwise recover,the full amount of any Value paid by the CONSULTANT.
SECTION 13
WAIVER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL THE CITY BE LIABLE TO CONSULTANT OR TO ANY THIRD
PARTY FOR ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE; NOR SHALL THE
CITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF USE,
OR COST OF COVER INCURRED BY CONSULTANT OR ANY THIRD PARTIES ARISING
OUT OF THIS AGREEMENT AND/OR CONCERNING THE PERFORMANCE OF SERVICES BY
THE CONSULTANT OR BY THE CITY UNDER THIS AGREEMENT OR UNDER A SERVICES
AUTHORIZATION ISSUED UNDER THIS AGREEMENT.
SECTION 14
CONSULTANT'S PROJECT TEAM
The CONSULTANT shall assign members of its staff as the CONSULTANT's Principal-in-Charge,
Project Manager and Key Personnel (Project Team), who shall collectively devote such working time
and attention as may be reasonably required to ensure that the Services are properly, economically, and
efficiently performed. The CONSULTANT shall indicate to the CITY, as a part of each Services
Authorization,the authority and powers that the CONSULTANT'S Project Team shall possess during the
life of that Project. The CONSULTANT agrees that the CITY shall have the right to approve the
CONSULTANT's Project Team, and that the CONSULTANT shall not change any member of its Key
Personnel without written notice to the CITY. Furthermore, if any member of the CONSULTANT's
Project Team is removed from his Project duties, or his employment is otherwise terminated or curtailed
by the CONSULTANT, or if the CONSULTANT's Project Team member terminates his employment
with the CONSULTANT, then the CONSULTANT shall promptly replace its Project Team member
with a person of comparable experience and expertise, who shall also be subject to the CITY's approval.
The CITY agrees that its approval shall not be unreasonably withheld.
SECTION 15
INDEMNIFICATION AND INSURANCE
15.1 Indemnification
The CONSULTANT agrees to indemnify, defend and hold harmless the City, its representatives,
employees, and elected and appointed officials, from liabilities, damages, losses and costs, including,
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but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or
intentional wrongful misconduct of the Consultant and persons employed or utilized by the
CONSULTANT in the performance of any professional services rendered under this Agreement or any
Services Authorization issued pursuant to this Agreement. For purposes of compliance with Florida law,
CONSULTANT acknowledges that this provision shall be deemed a part of the project specifications or
the bid documents.
15.2 insurance
15.2.1 General. The CONSULTANT shall purchase, maintain, and keep in full force, effect, and good
standing, such insurance that is further described below, and any other insurance necessary to fully
protect it from claims of the nature that are detailed below, that may arise out of, or result from, the
CONSULTANT's operations, performance, or Services, or all of these things, or any of these things in
combination (CONSULTANT's Operations), whether the CONSULTANT's Operations are by the
CONSULTANT, any of its agents or Subconsultants, or anyone for whose act or acts it may be liable.
The CONSULTANT'S insurance carrier shall be licensed to do business in the State of Florida and shall
have an A.M. Best Rating of A or better. The insurance required by this Subsection shall be written for
not less than the limits of liability specified below, or required by law, whichever is greater, and shall
include contractual liability insurance as applicable to the CONSULTANT's obligation under this
Agreement.
•
The CONSULTANT shall provide evidence of both General (Public & Property) Liability and
Professional (Design Errors and Omissions) Liability Insurance in the form of a certificate of insurance
issued on behalf of the City of Ocoee by companies acceptable to the City at the following minimum
limits and coverage's with deductible amounts acceptable to the city:
Comprehensive General Liability Insurance: $ 1,000,000.00
(The City of Ocoee is to be named as an additional insured)
Professional Liability Insurance: $ 1,000,000.00
(Design Errors and Omission)
15.2.2 The CONSULTANT shall not commence any work in connection with an Agreement until all of
the following types of insurance have been obtained and such insurance has been approved by the City,
nor shall the CONSULTANT allow any Sub-consultant to commence work on a subcontract until all
similar insurance required of the sub-consultant has been so obtained and approved. Policies other than
Workers' Compensation shall be issued only by companies authorized by subsisting certificates of
authority issued to the companies by the Department of Insurance of Florida which maintain a Best's
Rating of "A" or better and a Financial Size Category of"VII" or better according to the A.M. Best
Company. Policies for Workers' Compensation may be issued by companies authorized as a group self-
insurer by Florida Statutes, Section 440.57.
a) Loss Deductible Clause. The City shall be exempt from, and in no way liable for, any sums of
money, which may represent a deductible in any insurance policy. The payment of such
deductible shall be the sole responsibility of the CONSULTANT and/or sub-consultant
providing such insurance.
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b) Workers' Compensation Insurance: The CONSULTANT shall obtain during the life of this
Agreement, Worker's Compensation Insurance with Employer's Liability Limits of
$500,000/$500,000/$500,000 for all the Consultant's employees connected with the work of
this project and, in the event any work is sublet, the CONSULTANT shall require the sub-
consultant similarly to provide Workers' Compensation Insurance for all of the latter's
employees unless such employees are covered by the protection afforded by the
CONSULTANT. Such insurance shall comply fully with the Florida Workers' Compensation
Law. In case any class of employees engaged in hazardous work under this contract for the
City is not protected under the Workers' Compensation statute, the CONSULTANT shall
provide, and cause each sub-consultant to provide adequate insurance, satisfactory to the City,
for the protection of the CONSULTANT's employees not otherwise protected. The policy
shall include an appropriate waiver of subrogation provision in favor of the CITY.
c) CONSI JLTANT's Public Liability and Property Damage insurance: During the life of this
Agreement the CONSULTANT shall maintain COMMERCIAL AUTOMOBILE
COVERAGE, this policy should name the City of Ocoee as an additional insured, and shall
protect the CONSULTANT from claims for damage for personal injury, including accidental
death, as well as claims for property damages which may arise from operations under this
Agreement whether such operations be by the CONSULTANT or by anyone directly or
indirectly employed by the CONSULTANT, and the amounts of such insurance shall be the
minimum limits as follows:
d) Automobile Bodily injury Liability&Property Damage Liability
The policy and coverages shall include:
• $1,000,000 Combined single limit per occurrence(each person, each accident)
• All covered automobile will be covered via symbol 1
• Liability coverage will include hired&non-owned automobile liability
• Include Waiver of Subrogation in favor of The City of Ocoee
e) Comprehensive General Liability (Occurrence Form) - This policy should name the City of
Ocoee as an additional insured and should indicate that the insurance of the CONSULTANT is primary
and not contributory over the insurance of the City of Ocoee. The policy and coverage shall include:
• $2,000,000 GENERAL AGGREGATE
• $1,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE
• $1,000,000 PER OCCURRENCE
• $1,000,000 PERSONAL &ADVERTISING INJURY
• Include Waiver of Subrogation in favor of the City of Ocoee
f) Suhconsultant's Comprehensive General Liability, Automobile Liability and Worker's
Compensation insurance: The CONSULTANT shall require each subconsultant to procure and maintain
during the life of this subcontract, insurance of the type specified above or insure the activities of these
subconsultants in the CONSULTANT's policy, as specified above.
g) Owner's Protective Liability insurance: The CONSULTANT shall procure and furnish an
Owner's Protective Liability Insurance Policy with the following limits: $1,000,000, and per occurrence,
$2,000,000. Aggregate and naming the City of Ocoee as the Named Insured.
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h) Contractual Liability - Work Contract: The CONSULTANT's insurance shall also include
contractual liability coverage. NOTE: PUBLIC LIABILITY INSURANCE AND AUTOMOBILE
LIABILITY INSURANCE,THE CITY SHALL BE NAMED AS ADDITIONAL INSURED.
• $1,000,000 PER OCCURRENCE
• $2,000,000 AGGREGATE
i) Certificates of insurance: The CONSULTANT shall provide a Certificate of Insurance Form,
naming the City of Ocoee as an additional insured upon being issued any Services Authorization under
this Agreement. This certificate shall be dated and show: (1) the name of the Insured CONSULTANT,
the specific job by name and job number, the name of the insurer, the number of the policy, its effective
date, its termination date; and (2) a statement that the Insurer shall mail notice to the Owner at least
thirty(30) days prior to any material changes in provisions or cancellation of the policy.
15.2.3 City As Additional Insured. The CITY shall be listed as an additional insured on all insurance
coverage required by this Agreement, except Worker's Compensation and Professional Liability errors
and omissions insurance. Furthermore, all other insurance policies pertaining to the Services to be
performed under this Agreement shall memorialize that the CONSULTANT's, or the CONSULTANT's
Subconsultant's, or all of these entities' (Primary Insureds) insurance, shall apply on a primary basis, and
that any other insurance maintained by the CITY shall be in excess of and shall not contribute to or be
commingled with the Primary Insured's insurance.
15.2.4 CITY's Right to Inspect Policies. The CONSULTANT shall, upon thirty (30) days' written
request from the CITY, deliver copies to the CITY of any or all insurance policies that are required in
this Agreement.
SECTION 16
MISCELLANEOUS PROVISIONS
16.1 Non-Exclusive Contract
This Agreement is non-exclusive, and may be terminated at the CITY's convenience with the proper
notice having been given to the CONSULTANT pursuant to Section 8, above. It is understood and
acknowledged that the rights granted herein to the CONSULTANT are non-exclusive, and the CITY
shall have the right, at any time, to enter into similar agreements with other engineers, architects,
landscape architects, planners, consultants, CONSULTANTs, subconsultants, and so forth,to have them
perform such professional services as the CITY may desire.
16.2 Local, State and Federal OhligTtions
16.2.1 Discrimination. The CONSULTANT, for itself, its delegates, successors-in-interest, and its
assigns, and as a part of the consideration hereof, does hereby covenant and agree that, 1) in the
furnishing of Services to the CITY hereunder, no person shall be excluded from participation in, denied
the benefits of, or otherwise subjected to discrimination in regard to this Agreement on the grounds of
such person's race, color, creed, national origin, disability, marital status, religion or sex; and 2) the
CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any
and all applicable local, state, and federal rules,regulations, or guidelines, and as such rules,regulations,
26
or guidelines may be from time to time amended. In the event of a breach of any of the
nondiscrimination covenants described in this Subsection, the CITY shall have the right to terminate this
Agreement,with cause, as described above.
16.2.2 Compliance with Law. The CONSULTANT and its employees shall promptly observe, comply
with, and execute the provision of any and all present and future federal, state, and local laws, rules,
regulations, requirements, ordinances, and orders which may pertain or apply to the Services that may be
rendered hereto, or to the wages paid by the CONSULTANT to its employees. The CONSULTANT
shall also require, by contract, that all Subconsultants shall comply with the provisions of this
Subsection.
16.2.3 Licenses. The CONSULTANT shall, during the life of this Agreement, procure and keep in full
force, effect, and good standing all necessary licenses, registrations, certificates, permits, and other
authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its
Services or Work as described herein. The CONSULTANT shall also require all Subconsultants to
comply by contract with the provisions of this Subsection.
16.2.4 Compliance With New Regulations. The CONSULTANT agrees that at such time as the local,
state, or federal agencies modify their grant procedures in order for the CITY or the CONSULTANT to
qualify for local, state, or federal funding for the Services to the rendered by the CONSULTANT, then
the CONSULTANT shall consent to and make such modifications or amendments in a timely manner.
If the CONSULTANT is unable to comply with applicable local, state, or federal laws and regulations
governing the grant of such funds for Services to be rendered herein, then the CITY shall have the right,
by written notice to the CONSULTANT, to terminate this Agreement for convenience. Furthermore, if
the CONSULTANT's compliance with such laws, regulations, rules, or procedures causes a material
change to a term or condition of this Agreement, or to any Services Authorization, then the CITY agrees,
upon sufficient proof of material changes as may be presented to it by the CONSULTANT, to amend all
related CITY/CONSULTANT contractual obligations, and to revise such Project budgets accordingly.
16.2.5 License Fee and Royalties. The CONSULTANT agrees that any invention, design, process,
product, device, proprietary system, or proprietary process for which an approval (of any type) may be
necessary, shall be paid for by the CITY, but shall be secured by the CONSULTANT (or, at the
CONSULTANT's direction, by the Contractor during the CONSULTANT's construction phase services
as may be memorialized in a Services Authorization) before the completion of any Services
Authorization.
16.3 Consultant Not Agent of City
The CONSULTANT is not authorized to act as the CITY's agent hereunder and shall have no authority,
expressed or implied, to act for or bind the CITY hereunder, either in CONSULTANT's relations with
Subconsultants, or in any other manner whatsoever except as otherwise stated in a Services
Authorization.
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16.4 ,Subconsultant.s
16.4.1 General. The CONSULTANT shall have the right, conditioned upon the CITY's prior consent
(which shall not be unreasonably withheld), to employ other firms, consultants, Contractors,
subconsultants, and so forth (Subconsultants); provided, however, that the CONSULTANT shall, 1)
inform the CITY as to what particular Services the Subconsultants shall be employed to do; 2) inform
the CITY as to what extent (what percentage) of the total Project Services each Subconsultant shall be
employed to do; 3) be solely responsible for the performance of all of its Subconsultants, including but
not limited to their maintenance of schedules, correlation of Services, or both of these things, and the
resolution of all differences between them; 4) promptly terminate the use and services of any
Subconsultants upon written request from the CITY (which may be made for the CITY's convenience);
5) promptly replace each such terminated Subconsultant with a Subconsultant of comparable experience
and expertise; 6) cause a Subconsultant to remove any employee(s) from a Project as the CITY shall
request (again for the CITY's convenience); and 7) assure that such employee(s) shall be promptly
replaced by other employee(s) of comparable experience and expertise and who are otherwise acceptable
to the CITY. After the Subconsultant has received notice of the termination, or two (2) business days
after the CITY has notified the CONSULTANT in writing of the required termination of the
Subconsultant or the Subconsultant's employee, whichever shall occur first, the CITY shall have no
obligation to reimburse the CONSULTANT for the Services subsequent to the notice of termination of
any Subconsultant or employee who may be terminated pursuant to the provision of this Subsection;
provided, however, that the CITY shall reimburse the CONSULTANT for the CONSULTANT's
reasonable and provable Subconsultant demobilization or remobilization costs, as defined herein, and
reasonable and provable additional fees charged by the new Subconsultant, if any, if the CITY
terminates a Subconsultant for convenience; and provided, further, that the CONSULTANT shall
receive no reimbursement for demobilization or remobilization costs or any additional fees or costs, if a
Subconsultant is terminated for cause. It is also understood that the CITY does not, by accepting a
Subconsultant,warrant or guarantee the reliability or effectiveness of that entity's Services.
16.4.2 Work Outside Scope and Time of Payment. The CITY shall have no obligation to reimburse the
CONSULTANT for the services of any Subconsultant that may be in addition to the Basic Services, or
for those Subconsultant Services not previously made known to the CITY, or that are otherwise outside
of the Scope of any particular Project Services Authorization, unless and until the CITY has given
written approval of such reimbursement. The CONSULTANT agrees to pay all such Subconsultants for
their Project-related Services no later than thirty(30) calendar days after the CONSULTANT's receipt of
payment from the CITY for work performed by the Subconsultants, unless such payment is disputed by
the CONSULTANT, and the CITY receives written notice thereof.
16.4.3 Subconsultant Contracts. The CONSULTANT shall provide a copy of all relevant provisions of
this Agreement to all Subconsultants hired by it, or for which it may have management responsibilities
as described in a Services Authorization and shall inform all Subconsultants that all Services performed
hereunder shall strictly comply with the Agreement terms and provisions. The CONSULTANT shall
also furnish the CITY, upon demand, with a copy of all contracts between the CONSULTANT and Sub-
consultants.
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16.5 Assignment and Delegation
The CITY and the CONSULTANT bind themselves and their partners, successors, executors,
administrators, and assigns, to the other party of this Agreement in respect to all duties, rights,
responsibilities, obligations, provisions, conditions, and covenants of this Agreement; except that the
CONSULTANT shall not assign, transfer, or delegate its rights or duties, or both of these things, in this
Agreement without the prior written consent of the CITY. The CITY has the absolute right to withhold
such consent at its convenience, and, furthermore, if the CONSULTANT attempts to assign, transfer, or
delegate its rights or duties in violation of these provisions without the CITY's consent, then the CITY
may terminate this Agreement as a breach of contract by the CONSULTANT and a failure by the
CONSULTANT to substantially perform its obligations hereunder, and any such assignment shall be
null, void, and of no legal effect. The CITY shall have the right to assign its rights (or any part of them)
or to delegate its duties and obligations (or any part of them) to another entity that shall be bound by all
applicable terms and conditions as provided in this Agreement.
16.6 Audits
16.6.1 Periodic Auditing of Consultant's Books. The CITY shall have the right, at any reasonable time
and through any of its designated agents or representatives, to inspect and audit the Books for the
purpose of verifying the accuracy of any Payment Statement or Completion Report. In addition to the
above and upon request of the CITY, the CONSULTANT shall prepare an audit (for the most recent
fiscal year) for the CITY, which shall include the CONSULTANT's paid salary, fringe benefits, general
and administrative overhead costs, profit and the total amount of money paid by the CITY to the
CONSULTANT. The Fiscal Report shall be certified as true and correct by, and shall bear the signature
of,the CONSULTANT's chief financial officer or its certified public accountant.
16.6.2 Overcharge. If it is established by the audit, or by any other means, that the CONSULTANT has
over-billed or overstated its costs, fees, or reimbursable expenses (Overcharge) to the City, then the
amount of any Overcharge shall be refunded by the CONSULTANT, together with interest at the rate of
one percent (1%) per month and the CITY's reasonable and provable costs (including the auditing
expenses) in discovering the Overcharge and effecting its repayment.
16.7 Truth in Negotiations
The CONSULTANT shall execute a Truth-in-Negotiation Certificate in the form attached hereto and
made a part hereof, by reference, as Exhibit I. It is agreed by the CONSULTANT that any Project or
Services Authorization price, and any additions thereto, shall be adjusted to exclude any significant sums
[plus interest at twelve percent (12%) per annum simple interest on the sums, from the date of payment
by the CITY] by which the CITY determines that the price was increased due to inaccurate, incomplete,
or non-current wage rates and other factual unit costs.
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16.8 Prohibition Against Contingent Fees
The CONSULTANT warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT to solicit or secure this agreement and that
CONSULTANT has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for the CONSULTANT any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of this
agreement.
16.9 Entire Agreement
This Agreement, including the Exhibits hereto, constitutes the entire Agreement between the parties, and
shall supersede and replace all prior agreements or understandings,written or oral, relating to the matters
set forth therein, and that specifically related to the execution of this particular document.
16.10 Amendment
This Agreement may be amended or modified only by a Services Authorization, or an Amendment, and
as duly authorized and executed by the parties.
16.11 Validity
The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and
governed by the laws of the State of Florida, only. In the event any provision hereof is determined to be
unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of
this Agreement, which shall remain in full force and effect. To that extent, this Agreement is deemed
severable.
16.12 Headings
The headings of the Sections or Subsections of this Agreement are for the purpose of convenience only,
and shall not be deemed to expand, limit, or modify the provisions contained in such Sections or
Subsections.
16.13 Timeliness
The City and the CONSULTANT acknowledge and understand that time is of the essence in this
Agreement, and that the Services shall be performed in as expeditious a manner as may be in accord
with the nature of each Project.
16.14 Public F.ntity Crime,
Any Person or affiliate, as defined in 287.133 of the Florida Statutes, shall not be allowed to contract
with the CITY, nor be allowed to enter into a subcontract for work on this AGREEMENT, if such a
person or affiliate has been convicted of a public entity crime within three (3) years of the date this
AGREEMENT was advertised for proposals, or if such person or affiliate was listed on the State's
convicted vendor list within three (3) years of the date this AGREEMENT was advertised, whichever
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time period is greater. A public entity crime means a violation of any state or federal law with respect to
and directly related to the transaction of business with any public entity or agency (federal, state or
local), involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification
of records, receiving stolen property or material misrepresentation. Any AGREEMENT with the CITY
obtained in violation of this Section shall be subject to termination for cause. A Subconsultant who
obtains a subcontract in violation of this Section shall be removed from the Project and promptly
replaced by a Subconsultant acceptable to the City.
16.15 Force Majeure
The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen
circumstances of a similar nature, may necessitate modifications to a Services Authorization, such
modifications to include, but not limited to the particular Services Authorization's Scope, Term, and Fee.
If such conditions and circumstances do in fact occur, then the CITY and CONSULTANT shall
mutually agree, in writing,to the modifications to be made to any Services Authorization.
16.16 Remedies And Costs
All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or
exclusive of each other or of any other remedy available to either party, at law or in equity.
16.17 Dispute Resolution and Fxelusive Venue
As a condition precedent to the filing of any suit or other legal proceeding, the parties shall endeavor to
resolve claims, disputes or other matters in question by mediation. Mediation shall be initiated by any
party by serving a written request for same on the other party. The parties shall, by mutual agreement,
select a mediator within fifteen (15) days of the date of the request for mediation. If the parties cannot
agree on the selection of a mediator, then the City shall select the mediator who, if selected solely by the
City, shall be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding
shall be filed until the mediator declares an impasse, which declaration, in any event, shall be issued by
the mediator not later than sixty (60) days after the initial mediation conference. The sole and exclusive
venue for any mediation shall be in Orange County, Florida. Any legal proceeding of any nature brought
by either party against the other to enforce any right or obligation under this Agreement or any Services
Authorization issued under this Agreement, or arising out of any matter pertaining to this Agreement or
the work to be performed hereunder, shall be submitted for trial, without a jury, before the Circuit
Court of the Ninth Judicial Circuit, in and for Orange County, Florida. The parties consent and submit
to the jurisdiction of such court and agree to accept service of process outside the State of Florida in any
matter to be submitted to any such court pursuant hereto. The City and Consultant expressly waive all
rights to trial by jury regarding any legal proceeding of any nature brought by either party against the
other to enforce any right or obligation under this Agreement, or any Services Authorization issued
under this Agreement, or arising out of any matter pertaining to this contract or the work to be performed
hereunder. As noted herein, the sole and exclusive venue for any litigation or other legal proceeding
between the parties shall be the Circuit Court of the Ninth Judicial Circuit in and for Orange County,
Florida
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IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the parties hereto and by
its duly authorized representatives, as of the date first written above.
ACCEPTED:
ATTEST:
BY:
Name: Name:
Title:
(SEAL)
APPROVED:
CITY OF OCOEE,FLORIDA
ATTEST:
City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON , 20_
this day of , 20_. UNDER AGENDA ITEM NO.
FOLEY& LARDNER LLP
By:
Assistant City Attorney
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TRUTH-IN-NEGOTIATION CERTIFICATE
The CONSULTANT hereby certifies that all wage rates, and any and all other unit costs
supporting the compensation to be paid to the CONSULTANT pursuant to a Services Authorization for
the Services as set forth therein, will be accurate, complete, and current at the date of the Services
Authorization's execution.
WITNESS:
BY: BY:
(Print Name) (Print Name)
TITLE:
STATE OF FLORIDA }
COUNTY OF }
PERSONALLY APPEARED before me, the undersigned authority,
[] well known to me or [] who has produced his/her as
identification, and known by me to be the of the corporation named above, and
acknowledged before me that he/she executed the foregoing instrument on behalf of said corporation as
its true act and deed, and that he/she was duly authorized to do so.
WITNESS my hand and official seal this—day of , 200_.
NOTARY PUBLIC
Print Name:
My Commission Expires: