HomeMy WebLinkAboutItem 09 Consideration of Awarding RFQ No. 0501, Continuing Contracts for Transportation Planning Consulting Services to Renaissance Planning Group and Dyer, Riddle, Mills, and Precourt
AGENDA ITEM COVER SHEET
Meeting Date: 3/01/05
Item # 9
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Su~je~~~"!"i,'~w~rd~f~F~,~~~Ol~~n~i~l;I.in~.,,Cont~acts for Tra,nsportation.glanning"Consulting
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Contact Name:
Contact Number:
Joyce Tolbert
1516
Background Summary:
The City's continuing contract for transportation planning consulting services has expired. In compliance with policies
and procedures of the City of Ocoee Purchasing Code Chapter 21, a Request for Qualifications (RFQ) was advertised
with the intention to award continuing contracts for transportation planning consulting services to no fewer than two (2)
firms deemed to be the most highly qualified to perform the required services.
Firms selected by the City will provide transportation planning consulting 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, for a maximum of five (5) years from the date of execution, with a
one-year renewal option.
Issue:
Award Continuing Contracts for Transportation Planning Consulting Services to the two (2) short-listed firms
recommended by the Selection Committee.
Recommendations
Staff recommends that the City Commission award two (2) Continuing Contracts for RFQ #0501 to Renaissance
Planning Group and DRMP Dyer, Riddle, Mills, & Precourt, as the top two (2) 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.
Attachments:
1. RFQ #0501
2. Letters of Interest
3. RFQ Checklist
4. RFQ Tabulations
5. Draft of Contract
6. Recommendation memo from the Community Development Dept.
Financial Impact:
None
Type of Item:
D Public Hearing
For Clerk's Oeot Use:
D Ordinance First Reading
D Ordinance First Reading
D Resolution
~ Commission Approval
D Discussion & Direction
D Consent Agenda
D Public Hearing
D Regular Agenda
D Original DocumenUContract Attached for Execution by City Clerk
i:8J Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
D N/A
D N/A
D N/A
City Manager
Robert Frank
Commissioners
Danny Howell. District 1
Scott Anderson. District 2
Rustv Johnson. District 3
Nancv J. Parker. District 4
Mayor
S. Scott Vandergrift
STAFF REPORT
DATE:
The Honorable Mayor and City Commissioners
Joyce Tolbert, Purchasing AgenC(j-
February 18,2005
TO:
FROM:
RE:
Award ofRFQ #0501 Continuing Contracts for Transportation Planning Consulting Services
ISSUE
Award Continuing Contracts for Transportation Planning Consulting Services to the top two (2) short-listed firms
recommended by the Selection Committee.
BACKGROUND/DISCUSSION
The City's continuing contract for transportation planning consulting services has expired. In compliance with policies
and procedures of the City of Ocoee Purchasing Code Chapter 21, a Request for Qualifications (RFQ) was advertised with
the intention to award continuing contracts for transportation planning consulting services to no fewer than two (2) firms
deemed to be the most highly qualified to perform the required services.
Firms selected by the City will provide transportation planning consulting 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, for a maximum of five (5) years from the date of execution, with a one-
year renewal option.
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 five (5) qualification packages were
evaluated by the RFQ Selection Committee, which consisted of five (5) members: Commissioner Scott Anderson; Russ
Wagner, Community Development Director; Terry James, Principal Planner; David Wheeler, Utilities Director; and
Robert Zaitooni, Public Works Director.
The public RFQ selection committee meeting was held on Tuesday, January 18,2005, 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 and recommendation memo from Russ Wagner, Community Development
Director. The top two (2) recommended short-listed firms and their rankings are as follows:
1. Renaissance Planning Group
2. DRMP Dyer, Riddle, Mills & Precourt
3. Tindale-Oliver & Associates
4. PBS&J Post, Buckley, Schuh & Jernigan
5. Leftwich Consulting Engineering
460 Points
436 Points
429 Points
425 Points
419 Points
Mavor
S. Scott Vandergrift
c.enter of Good Li .
<\.~e tll~
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
Citv Mana2'er
Robert Frank
STAFF MEMORANDUM
To: The Mayor & City Commissioners
Date:
Russ Wagner, Community Development Director ~
February 14, 2004
From:
Subject:
Transportation Planning Consultant Services Contract
RFQ # 0501
The Consultant Selection Committee met on Tuesday, January 18, 2005 to review the
proposals for the above transportation planning consultant services contract. The
selection committee reviewed the proposals, and based on the evaluation criteria,
ranked the firms as follows:
RANK FIRM COMBINED TOTAL
POINTS
ALL EV ALUA TORS
1 Renaissance Planning Group 460
2 Over, Riddle, Mills & Precourt 436
3 Tindale-Oliver & Associates 429
4 Post, Buckley, Schuh & Jernigan 425
5 Leftwich Consulting Engineering 419
As stated in RFO # 0501, the City intends to award transportation planning consultant
services continuing service contract to at least two of the top-ranked firms. Accordingly,
the Consultant Selection Committee recommends Renaissance Planning Group and
Dyer, Riddle, Mills & Precourt.
Attachments: Evaluation Form RFO#0501 Combined Totals
City ofOcoee. 150 N Lakeshore Drive. Ocoee, Florida 34761
phone: (407) 905-3100. fax: (407) 656-8504. www.cLocoee.fl.us
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RENAISSANCE PLANNING GROUP
100 East Pine Street, Sfe 401 Orlando, Flo,ido 32801 . phone: 407-487-0061. fax: 407-487-0058
December 16, 2004
Purchasing Agent
City of Ocoee Finance Department
150 N. Lakeshore Drive
Ocoee, Florida 34761
RE: Continuing Contracts for Transportation Planning Consulting Services
Request for Qualifications # 0501
Dear Sir or Madam:
Renaissance Planning Group is pleased to submit our statement of qualifications to provide Continuing
Contracts for Transportation Planning Consulting Service to the City of Ocoee. Having served in this
capacity for the last several years, Renaissance is uniquely familiar with the issues affecting the City and has a
thorough understanding of the City's vision for the future. Growth pressures continue in West Orange
County and will only increase now that the Western Beltway is complete and SR SO is designated for
widening in the near future. The City must continue to meet these growth demands while guiding
development that is both high quality and economically prosperous. Additionally, the City will need to
continue coordinated planning with surrounding communities to ensure that regional development is
compatible with the City's goals. Having assisted the City on numerous transportation and land use reviews
and studies over the past few years, Renaissance is well positioned to continue providing quality, cost
effective and responsive services to the City.
To further strengthen the ability of Renaissance to achieve the City's goals, we have partnered with two
sub consultants that complement and augment our firm's skills. HNTB Corporation, the firm that recently
acquired TEl Engineers and Planners in the Summer of 2004, will assist with tasks involving traffic operations,
design, modeling, and access management. The former TEl has been working with the City since the mid-
1990's and thus also brings strong familiarity with the City's vision and needs. The second subconsultant,
Livable Streets, Inc., adds specialization in planning and design for multimodal transportation and creating
transportation plans that are compatible with community livability goals.
This proposal first presents the qualifications for the firms and key personnel that will be leading the maj or
tasks falling under these continuing contracts. This is followed by our proposed approach for addressing each
major task, project descriptions and references for related projects, and all information requested as part of
the qualifications statement.
We have truly enjoyed the outstanding relationship developed through the years with the City staff and its
agency partners, and look forward to the opportunity of continuing to serve as your transportation planning
consultant. Thank you for your consideration.
Res;~~b. subjjfi. 'r:tted,
W;Jr-
Whit Blanton, AICP
Vice President
Renaissance Plan nino Group
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Lawrence L. Smilh, Jr.
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lando, Florida 32803 f,
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Fax: 407.896.4836 I
. Barlow, Florida I
Charlotte, North Carolina ti
Chipley, Florida
. DeLand, Florida
. Jacksonville, Florida
Orlando, Florida
Panama City Beach, Florida
. Tallahassee, Florida
. Tampa. Florida
. Fort Myers, Florida
.800.375.3767
www.drmp.com
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December 16, 2004
DRMP 04-0538.0MK
Purchasing Agent
City of Ocoee Finance Department
150 N. Lakeshore Drive
Ocoee, Florida 34761
SUBJECT:
Continuing Contracts for Transportation Planning Consulting
RFQ #0501
Dear Selection Committee Members:
Dyer, Riddle, Mills & Precourt, Inc. (DRMP) is pleased to submit our expression of interest to
provide professional transportation planning services. Our proposed Project Team has provided
comprehensive transportation planning and traffic engineering support services to many cities,
counties, and state agencies. Further, it is important to note that DRMP has provided these
services to the City of Ocoee on previous contracts.
DRMP is the largest planning, engineering, and surveying firm headquartered in Central Florida.
Our staff includes approximately 280 professionals who are widely experienced in disciplines
including transportation and land use planning, traffic engineering and design, and general civil
engineering. Recent additions to our Planning and Traffic Engineering Departments have
strengthened DRMP's position and capabilities to provide our clients with top quality service.
The DRMP Team offers full transportation planning and engineering support to meet all of
Ocoee's needs. The Project Team has current practical experience in the following transportation
planning and engineering areas:
. Roadway Capacity Studies and Level of Access Management Studies
.
Service Reviews
. Site Plan Reviews
. Signal Warrant Studies
. Traffic Impact Studies
. Signal Operations Studies
. Design Traffic Reports
. Traffic Signal Timing Reviews
. Public Involvement
. Safety Studies
. Comprehensive Plan Element Reviews
. Intersection Evaluations and Conceptual
Design Recommendations . Land Development Regulations
Corridor Studies . PD&E Services
.
FSUTMS Traffic Demand Modeling . GIS Services
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We also pay close attention to how we do the work. DRMP Project Management strategy is
based on providing superior service to our clients by serving as an extension of their staff in a
cost effective and personal manner. In addition, the Project Manager's overriding goal is to
minimize the City's project management administration efforts.
~
Finally, we know your staff well. DRMP has executed a number of assignments in and for the
9ty. We've known Russ Wagner for almost 15 years, and have prosecuted several key
assignments recently with Robert Frank, David Wheeler, and Bob Zatooni. This gives us a keen
insight into how the City works and how best to serve you.
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In view of the above, we respectfully request your favorable review of our attached response to
ll; your solicitation for proposals. Our experienced Project Team is positioned to provide the
~ specific services requested by the City based on manpower availability and staff expertise and
Ii; experience. We look forward to continuing our professional support of the City of Ocoee.
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Sincerely,
Dyer, Riddle, Mills & Precourt, Inc.
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Gregory A. Kern, MBA, AICP
Senior Associate
Stephen L. Precourt, P .E.
Vice President
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RFQ #0501
CONTINUING CONTRACTS FOR TRANSPORTATION PLANNING CONSULTING SERVICES
12/16/04 2:00 pm
1 Leftwich Consulting Engineers
2 Renaissance Planning Group
yes
yes
yes
yes
yes
yes
3 DRMP Dyer Riddle Mills & Precourt
yes
yes
yes
4 PBS&J Post Buckley Schuh & Jernigan
yes
yes
yes
5 Tindale-Oliver & Assoc.
yes
yes
yes
6
7
8
9
10
11
12
13
14
15
16
17
Listed in the order opened.
EVALUATION FORM
RFQ #0501
Continuing Contracts for Transportation Planning Consulting Services
Evaluation Criteria
COMBINED TOTALS
DRMP
Leftwich Consulting Renaissance Dyer,Riddle,Mills
Engineering Planning Group & Precourt
PBS&J Post,
Buckley Tindale-
Schuh & Oliver &
Jernigan Assoc.
125
137
144
137
131
115
117
122
117
118
86 98 89 84 92
38 39 39 39 38
37 39 36 35 37
18 18 18 8
COMBINED TOTAL
ALL EV ALUA TORS 419 460 436 425 429
(0-500)
5 2 4 3
Mavor
S. Scott Vandergrift
center of Good L .
~'o-e 1~/~
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
City Manag-er
Robert Frank
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS
(RFQ) #0501
CONTINUING CONTRACTS FOR
TRANSPORTATION PLANNING
CONSUL TING SERVICES
City ofOcoee . 150 N Lakeshore Drive. Ocoee, Florida 34761
phone: (407) 905-3100 . fax: (407) 656-8504 . www.cLocoee.f1.us
LEGAL ADVERTISEMENT
CITY OF OCOEE
REQUEST FOR QUALIFICATIONS "RFQ" #0501
CONTINUING CONTRACTS FOR TRANSPORTATION PLANNING CONSULTING
SERVICES
Ocoee City Commission
The City of Ocoee, Florida, in protocol 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 Transportation Planning
Consulting firms that are interested in providing services for various transportation planning
consulting projects as defined in the RFQ.
The City intends to award continuing contracts to no fewer than two (2) 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 to provide type and quality of
services, staff experience with transportation planning consulting projects, ability to continue
project within budget with current and projected workload, the financial condition and fiscal
stability of the firm, efficiency and cost-effectiveness, and whether the firm is a certified
minority business enterprise, 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 transportation planning
consulting 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 execution.
Qualification packages must be received no later than 2:00 p.m. (local time) on December 16,
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 transportation planning consulting 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:
Purchasing Agent
City of Ocoee Finance Department
150 N. Lakeshore Drive
Ocoee, Florida 34761
Phone: (407) 905-3100 x 1516
FAX number: (407) 656-3501
jtolbert@ci.ocoee.fl.us
No fax or electronic submissions will be acceoted.
RFQ 0501
2
The City through written inquiries directed to the Purchasing Agent, will receive questions
regarding the RFQ. Deadline for receipt of written inquiries will be December 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 BidsNendors, or copies are available from
the Purchasing Agent 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 transportation planning consulting services may
be disqualified if they have contacts with the Mayor, City Commissioners, or any City staff,
other than the Purchasing Agent 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
Qualification Package 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
November 14,2004
RFQ 0501
3
CITY OF OCOEE REQUEST FOR QUALIFICATIONS "RFQ" #0501
CONTINUING CONTRACTS FOR TRANSPORTATION PLANNING CONSULTING
SERVICES
All applicable laws and regulations of the United States, the State of Florida, and the City of
Ocoee, Florida will apply to the resulting agreement. The provisions of the Consultants'
Competitive Negotiations Act (Section 287.055, Florida State Statutes) shall apply, where
applicable. Information regarding Scope of Services and submittal of Qualification Packages is
outlined below.
It is the intention of the City of Ocoee to hire at least two (2) qualified firms to fulfill this
contract. The City, at its sole discretion, may assign short-term or long-term tasks to each firm
based on need, to ensure the best continuous service for the City of Ocoee. The contracts shall
automatically be renewed annually unless terminated by the City in writing, for a maximum of
five years from the date of execution.
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 forty (40) 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:
Qualification Packages must include all of the following and include one (1) original and five (5)
copies clearly marked on the outside: RFO #0501 Continuing Contracts for Transportation
Planning Consulting Services.
1. Legal name, Federal taxpayer identification number, address, and telephone number of
the respondent (firm, corporation, partnership, individual). The person signing the
Qualification Packages on behalf of the Respondent shall have the authority to bind the
Respondent to the submittal. All firms who submit their Qualifications to the City of
Ocoee are guaranteeing that they have reap the previous statement and by signing the
documents are qualified to submit a Qualification Package under Section 287.133, (2)(a)
Florida Statutes.
2. Tabulation of employee's (pertinent to the project) current (base year) loaded hourly
wages and anticipated annual increases and hourly rates. Tabulation of all other charges
and miscellaneous expenses which may appear or would be charged to the City on the
firm's invoices.
3. Professional qualifications of Firm and specific individuals to be assigned to the project
(include resumes). Names of any anticipated sub Consultants for Professional Services to
be listed (Respondents shall include completed Standard Forms 254 and 255 with their
submittal). Include names, addresses, and previous qualifications if you propose using
Specialty Consultant Services.
RFQ 0501
4
4. Identify how the firm's Transportation Planning expertise would be utilized to perform
tasks identified in the following Scope of Services under a "continuing contract" as
defined by Section 287.055(2)(g) Florida Statutes.
A. Assisting City staff in updating a financially feasible Master Transportation Plan;
B. Assisting City staff in periodic updates to the Comprehensive Plan, land Development
Code and Capital Improvements Plan;
C. Performing and/or reviewing individual traffic analyses of private development
projects for concurrency management and operational issues;
D. Assisting City staff in updating and maintaining a socio-economic database;
E. Performing traffic modeling in conjunction with road impact fee updates and
Comprehensive Plan Amendments;
F. Providing annual traffic counts and other counts for special studies and traffic
operations analyses;
G. Assisting City staff with roadway conceptual analysis and concept design;
H. Assisting City staff in the identification and qualification for various Federal and state
grants etc,.
I. Providing assistance working with other governmental agencIes on transportation
related issues;
J. Performing intersection analyses and other studies involving traffic operations;
K. Reviewing traffic studies submitted through the concurrency process or for alternative
road impact fees;
L. Developing access management plans for roads in the City;
M. Developing plans for bicycle, pedestrian, and transit ways III conjunction with
transportation planning; and
N. Other related services requiring transportation planning.
5. Past performances in similar projects.for governmental clients. List all projects of similar
nature within the past three years. Title and brief description of each project to include:
Client (contact person, address, and telephone numbers)
Year completed
Nature of work involved in each project
Total cost
RFQ 0501
5
6. Current and near future workload (ability to perform in a timely fashion).
Submit current list of projects and percentage of completion and expected date for
completion.
7. Location of Firm within general geographical area.
8. Provide statement agreeing to obtain (prior to award) Insurance coverage as required by
the City in the amounts set forth in this RFQ.
9. Any additional pertinent data regarding the Firm's capability (please limit to two (2)
pages).
10. Disclosure of any potential Conflict of Interest due to any other clients, contracts, or
property interests. Include a notarized statement certifying that no member of your firm's
ownership, management, or staff has vested interest in any aspect of, or Department of,
the City of Ocoee.
11. Financial Statement to evaluate financial condition and fiscal stability of firm. A current
balance sheet, Dun & Bradstreet report, or current letter of credit from a reputable
financial institution would all be acceptable. This information is not public record.
The City reserves the right to accept or reject any or all submittals that it may, in its sole
discretion, deem umesponsive, or to waive technicalities which best serves the overall interests
ofthe City. Cost of preparation of a response to this RFQ is solely that of the Respondent and the
City assumes no responsibility for such cost incurred by the Respondent. 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:
(The City of Ocoee is to be named as an additional insured)
$1,000,000.00
Professional Liability Insurance:
(Design Errors and Omission)
$1,000,000.00
CITY'S STANDARD INSURANCE REQUIREMENTS:
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
RFQ 0501
6
approved by the City, nor shall the Consultant allow any SubConsultant to commence
work on a subcontract until all similar insurance required of the subConsultant 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 Consultant
and/or subConsultant providing such insurance.
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 subConsultant to provide adequate
insurance, satisfactory to the City, for the protection of the Consultant's employees not
otherwise protected.
. Include Waiver of Subrogation in favor of the City ofOcoee
c) Consultant's Public Liability and Property Damage Insurance: The Consultant 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 Consultant and the City 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:
Automobile Bodily Iniury 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 ofOcoee
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 non-contributory.
. $2,000,000 GENERAL AGGREGATE
. $2,000,000 PRODUCTS-COMPLETED OPERA nONS AGGREGATE
RFQ 0501
7
. $1,000,000 PER OCCURRENCE
. $1,000,000 PERSONAL & ADVERTISING INJURY
. Include Waiver of Subrogation in favor of the City of Ocoee
SubConsultant's Comprehensive General Liability, Automobile Liability and Worker's
Compensation Insurance: The Consultant shall require each sub consultant to procure and
maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of these sub consultants in the Consultant's policy, as specified above.
Owner's Protective Liability Insurance: As applicable for construction projects, providing
coverage for the named insured's liability that arises out of operations performed for the
named insured by independent Consultants and are directly imposed because of the
named insured's general supervision of the independent Consultant. 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.
Contractual Liability: If the project is not bonded, the Consultant's insurance shall also
include contractual liability coverage to insure the fulfillment of the contract. 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
Commercial Umbrella:
. $1,000,000 PER OCCURRENCE
. $2,000,000 Aggregate
. Including Employer's Liability and Contractual Liability
Builders Risk:
· $100,000 Any (1) Location
· $1,000,000 Any (1) Occurrence
Certificates of Insurance: Certificate of Insurance Form (see sample attached), naming the
City of Ocoee as an additional insured will be furnished by the Consultant upon notice of
award. These shall be completed by the authorized Resident Agent and returned to the
Office of the Purchasing Agent. This certificate shall be dated and show:
The name of the Insured Consultant, the specific job by name and job number, the name
of the insurer, the number of the policy, its effective date, its termination date. Statement
that the Insurer shall mail notice to the Owner at least thirty (30) days prior to any
material changes in provisions or cancellation of the policy, except ten (10) days written
notice of cancellation for non-payment of premium.
RFQ 0501
8
I:JCf)!1()~
CERTIFICATE OF LIABILITY INSURANCE
CATf:tMJNOOl'tY'Y"r)
11 04 04
THl$ t;~TIFlCATE 1lllSSIJED AS A MA lNFORMA1'lON
ONLY AHO CONFERS NO R1GKTS UPON TIlE CERTIFICATE
HOlDER. TIllS CERTIFICATE DOES NOT AMEliO, EXTEND OR
ALTER~,!:ERAGE AFFORDED BYTllE POLICIES BELOW.
,fIt(lt>UeEJt
Contractor's Nama
Addr.....
INSURER~JlJ'FORD!.~~..l?~~.. I ~AlC 11 _
IKSURERA U ...~ "~1A>t a.~ O'C' -.ten i
=: ~ ---~~ ~--:t :-
iNSURER E:
lMiU~.---~
COVERAGES
THE POUClES Ott \N$URAHCE LISTeD &e1.OW HAVE BEEN IS.SUED 1'0 THE I'HSUAEO HAMED ~ FOR THE POLiCY PERiOO JHOK:,.\TEo. HO'I'Wl'tHSfAHOlNG
Nl'f ReQUIRDtE:N1, TE1WJ OR tOMDmON Of NNc.c::lHTlW:.r OR OlliER OOCUJEN'tWrtli AESPECT10 WHl<:H THIS CERTifICATE MAY 8E tSSUED OR
""" PSrr.AlN. THE IHSUR'...uK:E AFFOJtOED 8Y tHJ!: JlOLc.lES DE~ ttEAEIN IS SUBJECT TO AU. lliE TERMS, EXClU$K)N$ NiOCONOlTlONS Of $UC)i
POllCiU. AGGREGATE l""rs SHOWN NIIY HAIlE EN AEllUCED BY..\IO Cl.NlI.I.
.ot.JCY _ft
""
i DAte M
u,n,
EACH OCClJlllIm:E . $ 1. 000 . 000
t~'H~~, $SO~OOO
i MEDEX1'(Any_~~, 000
""RSQHI\l.UOVllWRY $ 1.000.000
GENE.......""""tlATS $ 2, 000 , 0 ~ 0
l- 1'fIODlJCT8. CO,,"iOP AGO . $ 2, 000 , 000
COMBINeD SINGlE UMtl
I""""""')
$1,000~
:
9004. Y INJURY
\PIW_I
SQem. Y JIIlJUflY
\."'-
! PROPERTY QAM.\GE
1 (Pw.cad4WlU
. $
I CWUt4t! lJAM..J1'Y
nNrfAUTO
f ..CEU/IJ....EUA I.l.<lVIJTY I
X f!J OCCUR 0 C\.Al!.lSlAAlJE i
]1 OEOUCT1BU! I
~H $ 1
! WOlU($l5 COMPSt44T1OH ANO
EMP1..OVERS" \.lA8JU'TY
ANY PROPRtETOR<'PAATNEFtJEXtC\JTive
OF-FlO:AiMEMSER EXCUlOE01
~~~'S__
i OTJ1I!IIt
i Build.rs Risk
AUTO ONt. Y ~ E.A 4CC!OENT
EAACC
ACG
.
.
$
'J.'OOO'..OigO
$ 2.000 .Jl20
$ .......... ..--
: ........~
X !rORYL_S.L.l:!ili_:=---1
..l.~ACCIO\1..r '500.0.9.l?_,
E.L.lllSEME.EA5MPlOveE . 5_00, 00_0.._
15.l.OlSEAse.PQUCYUMIT $ 500.000
O~EJIt Tl1AN
AUTOQHt.v:
, EACh OCCURRENCE
i .GGRE~TE
t-.
~.~
Any 1 Loe
1 Ocr:
100,00)
1.000,000
QUCIUP11QN OF OfIo!ItATICNS J lOCA'J}()I;S I 'IeIC\,.E8 II.XeUJSIOH$ AbOED IY ~ I SI'ECw.. ~V\SiOM.S
The insuranc. .videnced by this oartificate shall name the certificate
holders ae an additional insured on ths General Liability & umbrella
Liab~lity. Workers' Compensation. a.ployers' Liability & Qaneral Liability
shall contain a Waiver of SUbrogation in favor of the certificate holder.
The "ertificate hold.r is added a. .. rDIB:i:inu:ai fir l'lIi..liB:s RiSt.
CERTIFICATE HOLDER CANCEI.LA1'lON
OCO.ce:Q~ JJHOUU) MY OF nt'.*&OW OESCFU8ED POLK:JU H CMClI1.L50 .t~ nfE lX?tRAnol'\.
DATfTHIJt!Ofl. THe l!KIUINO INSURER WK.!. !'HOIAVOA TO MA.l'- ~ OI.VS WftITTet
H011CIl TOTHS cefmf1CA1"e MOLQER HAMID TO me un. _vr FM.URf. TO DO SO SHALl.
IW'OSI NO otUGATlOH OR L..IABttJN OF MY J<IHO I,JItOH Tl4E INSUA~ rrs AGENTS OR
_ArMS.
AUTHOIRED AD~ATlYe
City of OeOl'"
150 N. Lake.hor. Driv.
Oco.. FL 34761-2258
ACORD 25 (2001109)
S/4-MPL. IF
CACORD CORPORATlOl'l198f
RFQ 0501
9
SELECTION CRITERIA:
Qualification Packages will be reviewed and evaluated by a Selection Committee. The
Qualification Packages will be reviewed and evaluated in accordance with the following criteria
and weighting factor:
1. Ability to Provide Type & Quality of Services
2. Quality & Extent of Staff Experience with
Transportation Planning Projects
3. Ability to Continue Project Within Budget with
Current/Projected Workload
4. Financial Condition & Fiscal Stability
5. Efficiency & Cost-Effectiveness
6. Certified Minority Business Enterprise
30%
25%
20%
10%
10%
5%
Firms will be notified in writing if they have been selected for an interview within four (4) weeks
after the RFQ closing date. Notices for interview, if any, at the discretion of the selection
committee, will contain specific direction regarding the items to be discussed. Subsequently,
firms will be notified through Demandstar as to "short-listing", along with any clarifications or
addenda.
Action on Qualification Packages normally will be taken within ninety (90) days of the RFQ
closing; however, no guarantee or representation is made herein as to the time between the RFQ
closing and subsequent City Commission action, which shall be final. The City reserves the right
to waive informalities contained in any Qualification Packages and to re-advertise for
Qualification Packages. Award of a contract, if made, will be to the most highly qualified
respondent based upon the criteria listed above. The successful respondent(s) shall be required to
execute an agreement, in form and content, acceptable to the City indemnifying and holding
harmless the City, its officials, officers, employees, and agents from all claims. The anticipated
contract will be a "continuing contract" as defined by Section 287.055(2)(g), Florida Statutes.
RFQ 0501
10
COMPANY INFORMATION/SIGNATURE SHEET RFO #0501
F AlLURE 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
FROM PURCHASE ORDER ADDRESS,
PLEASE INDICATE BELOW:
AUTHORIZED SIGNATURE (manual)
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
(Type of Identification)
Notary Public - State of
County of
Signature of Notary Public
Printed, typed or stamped
Commissioned name of Notary Public
RFQ 0501
11
CONTINUING CONTRACT FOR TRANSPORTATION PLANNING SERVICES
This contract made and entered into the day of
,20 by and between the:
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
hereinafter referred to as the "CITY" and:
hereinafter referred to as the "PLANNER" .
PREMISES
WHEREAS, the CITY desires to retain PLANNER to perform continuing professional
transportation planning services; and
WHEREAS, the PLANNER desires to perform the continuing professional transportation
planning services upon the terms and conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter
contained, it is agreed by and between the parties hereto as follows:
SECTION I
GENERAL
1.1 This Contract is for continuing professional transportation planning services for CITY
projects. It is also anticipated that other supporting technical services may be required
(such as mapping, drainage, utilities, survey, structural, general civil, etc.) and that
separate projects in the form of Work Orders will be issued to the PLANNER during the
term of this Contract.
1.2 "PLANNER" shall be defined herein to include all principals of the firm including full
time employees, professional or otherwise, and all other, agents, employees and/or
subconsultants retained by the PLANNER to perform its obligations hereunder.
1.3 Prior to the start of any work under this contract, the PLANNER has submitted to the
CITY detailed resumes of key professional personnel who will be involved in performing
all activities described in the Scope of Services. At any time hereafter that the PLANNER
desires to change the key professional personnel in an active assignment, it shall submit
the qualifications of the new professional personnel to the CITY for prior approval. Key
006.353678.1
professional personnel shall include principals-in-charge and project managers. Subject to
CITY approval, the PLANNER may enter into subcontracts with other professional
consultants to provide technical services required by the CITY, that are otherwise outside
the area of expertise of the PLANNER.
1.4 The PLANNER acknowledges that this is not an exclusive contract and that the CITY, at
the CITY's option, may request proposals from other consultants to provide
transportation planning services for the CITY. The CITY reserves the right to hire any
such other consultants to provide such services for City Projects.
1.5 The PLANNER acknowledges that the CITY has retained other consultants, and that the
PLANNER may need to coordinate the work of these consultants with the work that it is
performing from time to time for the successful completion of work assignments. The
PLANNER agrees to provide such coordination as necessary within the Scope of
Services as provided in this Agreement.
1.6 The PLANNER will maintain an adequate and competent staff of professionally qualified
persons throughout the performance of this Contract to ensure acceptable and timely
completion of work authorized by this Contract and such other work as may be
authorized by the issuance of a Work Order.
1.7 Requirements for signing and sealing all plans, reports and documents prepared by the
PLANNER shall be performed to comply with all applicable federal, state and local laws
and regulations.
SECTION II
SCOPE OF SERVICES
The PLANNER shall diligently and in a professional and timely manner perform the services
described in Paragraph 2.1 and such other services as may be authorized by issuance of a Work
Order.
2.1 GENERAL PLANNING SERVICES
The PLANNER agrees to perform professional transportation planning services for the
CITY as directed by the City's Designated Representative in accordance with budgetary
amounts approved by the Ocoee City Commission. Examples of the services include, but
are not limited to:
* Assisting the CITY in developing a financially feasible Master Transportation
Plan;
* Assisting the CITY with periodic updates to the Comprehensive Plan, Land
Development Code and Capital Improvements Plan;
* Performing individual traffic analysis (generation and distribution) for
concurrency management and operational issues;
2
006.353678.1
* Assisting the CITY in developing and maintaining a socio-economic data base;
* Performing traffic modeling in conjunction with road impact fee updates and
Comprehensive Plan Amendments;
* Providing annual traffic counts and other counts for special studies and traffic
operations analyses;
* Assisting City staff with developing conceptual roadway plans and analyses;
* Providing assistance working with other governmental agencies on transportation
related issues;
* Performing intersection analyses and other studies involving traffic operations;
* Reviewing traffic studies submitted through the concurrency process or for
alternative road impact fees;
* Developing access management plans for roads in the City; and
* Developing plans for bicycle, pedestrian, and transit ways in conjunction with
transportation planning.
* Ancillary engineering and survey services in support of the above.
2.2 SPECIAL PLANNING SERVICES
In addition to the services authorized by Paragraph 2.1 the PLANNER shall perform such
other professional transportation planning services as may be authorized by a written
Work Order by the CITY. Such services shall be authorized in writing as Work Orders in
accordance with Section II, Paragraph 2.3. The Work Orders may contain additional
instructions or provisions specific upon certain aspects of this Contract pertinent to the
work to be undertaken. Such supplemental instructions or provisions shall be construed
as being issued pursuant to this Contract.
2.3 WORK ORDERS' "SCOPE OF SERVICES"
Services to be performed by the PLANNER shall be identified in a written Work Order
by the CITY. Each Work Order shall include a Detailed Project Description with an
anticipated completion schedule. The PLANNER shall review each Work Order and
notify the CITY in writing of any matters that require clarification or correction before
submitting to the CITY a "Proposal" for the Work Order. The PLANNER Proposal shall
include a Detailed "Scope of Services for the Work Order", Method(s) of Compensation,
PLANNER Schedule to complete the Work Order, and a listing of special Reimbursable
Expenses.
2.3.1 It shall be the responsibility of the PLANNER to provide a Detailed "Scope of
Services for the Work Order" so that the CITY's expectations can be achieved.
Said "Scope of Services for the Work Order" shall be all inclusive and shall incur
all work required to complete the task of the Work Order.
3
006.353678.1
2.3.2 The CITY shall review and provide comments concerning the PLANNER
Proposal and shall then issue a final Work Order for the Work that incorporates
the Proposal and all comments.
2.4 CHANGE ORDERS
The CITY shall be authorized to make changes to this Agreement or any Work Order
under this Agreement by written Change Order. Each Change Order shall include: a
schedule of completion for the work authorized, compensation and methods of
compensation. The Change Orders may contain additional instructions or provisions
specific upon certain aspects of this Contract pertinent to the work to be undertaken.
SECTION III
CITY RIGHTS AND RESPONSIBILITIES
The CITY shall:
3.1 Shall identify a CITY Designated Representative to administer, review and coordinate all
work undertaken by the PLANNER in accordance with this Contract.
3.2 Furnish the PLANNER with existing data, records, maps, plans, specifications, reports,
fiscal data, and other Planning information for the performance of the Work. All such
documents conveyed by the CITY shall be and remain the property of the CITY and shall
be returned to the CITY upon completion of the Work.
3.3 Make CITY personnel available where required and necessary to assist the PLANNER.
The availability and necessity of said personnel to assist the PLANNER shall be
determined solely at the discretion of the CITY.
3.4 Provide access to, and make provisions for, the PLANNER to enter upon public and
private lands as required for the PLANNER, within a reasonable time, to perform work as
necessary to complete the Work Order.
3.5 Examine all reports, sketches, drawings, estimates, proposals, and other documents
presented by the PLANNER and render decisions, in writing, indicating the CITY's
approval or disapproval within a reasonable time so as not to materially delay the work of
the PLANNER.
3.6 Transmit instructions, relevant information, and provide interpretation and definition of
CITY policies and decisions with respect to design materials, and other matters pertinent
to the work covered by this Contract.
3.7 Give prompt written notice to the PLANNER whenever the CITY observes, or otherwise
becomes aware of, any development that affects the scope of, timing of the PLANNER's
services, or becomes aware of any defect or changes necessary in the work of the
PLANNER.
4
006.353678.1
3.8 In the event the CITY fails to comply with the terms and conditions of this Section, the
PLANNER shall notify the CITY's designated representative in writing so that the CITY
may take remedial action. The failure to provide such notice shall constitute a waiver of
any default of the CITY under this Section.
SECTION IV
COMPENSATION
4.1 GENERAL
Compensation to the PLANNER for services performed shall be in accordance with one
of the following methods of compensation, as defined and indicated herein:
a. Lump Sum or Fixed Price Method
b. Closed End Hourly with a Guaranteed Maximum Price
The type and amount of compensation for services requiring a Work Order shall be
described on the Work Order. The type and amount of compensation for services
described in paragraph 2.1 shall be Closed End Hourly with a specified not-to-exceed
Guaranteed Maximum Price in cases where the CITY deems it appropriate.
4.2 LUMP SUM METHOD
4.2.1 Lump sum compensation shall be the total fixed price amount payable under the
Lump Sum Method (including all payroll costs, overhead costs, other direct costs,
fees, subconsultants' and specialist costs for the services to be provided in the
Work Order unless there is a change in the scope of work, or other conditions
stipulated in any Change Order, and the Work Order is modified by such Change
Order.
4.2.2 Payment to the PLANNER for services performed for a Work Order under the
Lump Sum Method shall be monthly in proportion to the percentage of work
completed during the month as documented by the PLANNER on a progress
report, subject to acceptance by the CITY.
4.3 CLOSED END HOURL Y/GUARANTEED MAXIMUM PRICE
4.3.1 Compensation for services performed under the Closed End Hourly method shall
be based on the hours worked by PLANNER directly on the Work. Attached
"Exhibit A" Professional Hourly Rate Schedule for professional, technical,
planning and other personnel of the PLANNER shall be used for hourly rates.
Rates in Exhibit "A" shall include all Salary Costs, Benefit Costs, Benefit Costs,
General and Administrative Overhead Costs and PLANNER's markup.
4.3.2 Total Compensation for any specific Work shall not exceed the approved Work
Order Guaranteed Maximum Price without written approval from the CITY.
5
006.353678.1
4.3.3 Reimbursable Expenses for a Work Order under the Closed End Hourly method
shall be submitted for approval with the Work Order. No additional Expenses
shall be accepted, unless approved in writing by the CITY.
4.3.4 Payment to the PLANNER for services performed and Reimbursable Expenses
for continuing work assignments under the Closed End Hourly Guaranteed
Maximum Price method shall be for actual hours worked and expenses incurred
during the month as documented by PLANNER and accepted by the CITY.
4.4 INVOICE PROCESS
Invoices, which are in an acceptable form and without disputable items that are received
by the CITY will be processed for payment within thirty (30) days of receipt by the
CITY. The PLANNER will be notified of any disputable items contained in invoices
submitted by the PLANNER within fifteen (15) days of receipt by the CITY with an
explanation of the deficiencies. The CITY and the PLANNER will make every effort to
resolve all disputable items contained in the PLANNER's invoices. Revised invoices
received by the CITY will be processed for payment within thirty (30) days of receipt by
the CITY. Each invoice shall reference the appropriate Work Order and Change Order if
applicable.
INVOICES ARE TO BE FORWARDED DIRECTLY TO:
City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
Attention: Community Development Director
4.5 PAYMENT IN THE EVENT OF CONTRACT TERMINATION OR SUSPENSION
In the event that a Work Order or this Contract is terminated or canceled, or the
PLANNER's services are suspended on a Change Order to the Work Order prior to
completion, payment shall be made in accordance with provisions of paragraph 8.4.
4.6 ADDITIONAL COMPENSATION FOR CHANGE IN SCOPE OF WORK
If instructed to do so by the CITY, the PLANNER shall change or revise work that has
been performed and if such work is not required as a result of error, omission or
negligence of the PLANNER, the PLANNER may be entitled to additional
compensation. The PLANNER must submit for CITY approval a revised proposal with a
revised fee quotation. Additional compensation, if any, shall be agreed upon before
commencement of any such additional work and shall be incorporated into the Work by
Change Order to the Work Order.
4.7 NON-PA YMENT BY CITY
In the event the CITY fails to provide compensation under the terms and conditions of
this contract, the PLANNER shall notify the CITY's designated representative in order
that the CITY may take remedial action.
6
006.353678.1
SECTION V
WORK COMMENCEMENT/IMPLEMENT A TION
SCHEDULE/LENGTH OF CONTRACT
5.1 WORK COMMENCEMENT
The PLANNER shall commence work order not later than ten (10) days after receipt by
the PLANNER of a written notice-to-proceed from the CITY's Designated
Representative. If the PLANNER fails to commence work within the ten (10) day period
for a Work Order, then the CITY shall have the right to seek other firms for the services
required.
5.2 IMPLEMENTATION SCHEDULE
The PLANNER shall adhere to the schedule established for any general planting services
assignment and for services described in each Work Order. In the event the work of the
PLANNER is delayed, due to no fault of the PLANNER, which delays the completion of
any Work Order, the PLANNER shall be entitled to an appropriate extension of the
contract time for the specific Work Order. Additional compensation to the PLANNER
will be negotiated by mutual agreement of the CITY and the PLANNER in the event
such delay causes any Work Order's costs to increase for reasons beyond the
PLANNER's control.
5.3 LENGTH OF CONTINUING CONTRACT
This Agreement shall continue in full force for a period of five (5) separate one year
terms. Each one year term shall automatically be renewable 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 this Agreement. 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
Work Orders issued prior to the expiration of the Agreement.
SECTION VI
CITY'S DESIGNATED REPRESENTATIVE
6.1 GENERAL
The City Manager may act as the Designated Representative to represent the CITY in all
matters pertaining to and arising from the work and performance of this Contract. The
City Manager may designate an alternate representative. The Designated Representative
or the alternate Designated Representative is authorized to perform the following
activities:
7
006.353678.1
6.1.1 Examination of all reports, sketches, drawings, estimates, proposals and other
documents presented by the PLANNER and rendering, in writing, decisions
indicating the CITY's approval or disapproval within a reasonable time so as not
to materially delay the work of the PLANNER;
6.1.2 Transmission of instructions, receipt of information, and interpretation and
definition of CITY's policies and decisions with respect to design, materials, and
other matters pertinent to the work covered by this Contract;
6.1.3 Giving written notice to the PLANNER whenever the CITY observes, or
otherwise becomes aware of, any defects or changes necessary in the project; and
6.1.4 Following the PLANNER's preparation of any necessary applications to
governmental bodies, to arrange for submission of such applications.
6.2 ALTERNATE DESIGNATED REPRESENTATIVE
The alternate Designated Representative for this Contract shall be:
Russell B. Wagner
Director of Planning
City of Ocoee
150 N. Lakeshore Drive
Ocoee, Florida 34761
Phone: (407) 656-2322, extension 1021
SECTION VII
CHANGES IN SCOPE OF SERVICES
7.1 The CITY may also order changes in the Scope of Services of a Work Order. Such
changes, including any increase or decrease in the amount of PLANNER's compensation for any
Work Order pursuant to Section IV-Compensation which are mutually agreed upon by and
between the CITY and the PLANNER, shall be incorporated by Change Order to the Work
Order.
SECTION VIII
TERMINATION / SUSPENSION OF CONTRACT
8.1 TERMINATION BY CITY FOR CAUSE
The City may terminate this Contract or any Work Order issued under this Contract for
Cause for anyone or more of the following reasons:
8.1.1 If adequate progress on any phase of work is not being made by the PLANNER as
a direct result of the PLANNER's failure to perform; or
8
006.353678.1
8.1.2 The quality of the services performed by the PLANNER is not in conformance
with commonly accepted design codes and standards, standards of the CITY, and
the requirements of Federal and/or State regulatory agencies, and the PLANNER
has not corrected such deficiencies in a timely manner following notice from the
CITY, and the particular services involved are considered by the CITY to be
essential to the proper completion of any work assignment; or
8.1.3 The PLANNER or any employee or agent of the PLANNER is indicted or has a
direct charge issued against him for any crime arising out of or in conjunction
with any work that has been performed by the PLANNER; or
8.1.4 The PLANNER becomes involved in either voluntary or involuntary bankruptcy
proceedings or makes an assignment for the benefit of creditors; or
8.1.5 The PLANNER violates the Standards of Conduct provisions of Section XIII
herein.
8.1.6 In the event of any of the causes described in paragraph 8.1, the Designated
Representative may send a certified letter to the PLANNER requesting that the
PLANNER show cause why the Contract or any Work Order should not be
terminated. If adequate assurance or acceptable reasons are not given to the CITY
within fifteen (15) days of the receipt by the PLANNER of said notice, the CITY
may consider the PLANNER to be in default and may then immediately terminate
this Contract or any Work Order in progress under this Contract. In the event of
termination for cause, the CITY may adjust any payment due and owing to the
PLANNER to take into account any additional costs or damages incurred by the
CITY due to such default.
8.1.7 In the event that the CITY terminates this contract or any Work Order issued
under this Contract for cause, then the CITY may recover any and all costs or
damages expended or incurred by the CITY that were proximately caused by the
causes of default.
8.2 TERMINA nON BY PLANNER FOR CAUSE
The PLANNER may cancel this Contract if:
8.2.1 The CITY fails to meet its obligations and responsibilities as contained in Section
III - City's Rights and Responsibilities; or
8.2.2 The CITY fails to pay the PLANNER III accordance with Section IV -
Compensation:
8.2.3 In the event of either of the causes described in paragraph 8.2, the PLANNER
shall send a certified letter requesting that the CITY show cause why the contract
should not be terminated. If adequate assurances are not given to the PLANNER
within fifteen (15) days of the receipt by the CITY of said notice, then the
PLANNER may consider the CITY to be in default and may immediately
terminate this Contract.
9
006.353678.1
8.3 TERMINA nON BY CITY FOR CONVENIENCE
Notwithstanding any other provision of this Contract, the CITY shall have the right at
any time to terminate this Contract or any Work Order issued under this Contract for
convenience and without cause, provided that thirty (30) days prior written notice is
given to the PLANNER of the CITY's intent to so terminate for convenience. In the
event that this contract is terminated for convenience, the CITY shall identify any
specific Work Orders being terminated and the specific Work Order(s) to be continued to
completion (if any) pursuant to the provisions of this Contract. In the event this Contract
or any Work Order is terminated for convenience, the CITY shall pay the PLANNER for
the services rendered to the date of termination and all reasonable costs necessarily
incurred by the PLANNER by reason of the termination for convenience. No amount
shall be paid for anticipated profit on unperformed services or other work.
8.4 ACTION FOLLOWING TERMINA nON
8.4.1 Upon receipt of notice of termination given by either party, the terminated party
shall promptly discontinue all services and other work unless the notice provides
otherwise.
8.4.2 In the case of the CITY terminating the PLANNER, the PLANNER shall within
ten (10) days, or any extensions as approved by the CITY, deliver to the CITY all
reports, drawings, plans, specifications, and other data and documents that have
been obtained or prepared by the PLANNER in performing the services under this
Contract regardless of whether the work on such documents has been completed
or IS III progress.
8.5 SUSPENSION
8.5.1 The performance of the PLANNER's service for any work under this Contract
may be suspended by the CITY at any time. In the event the CITY suspends the
performance of the PLANNER's services hereunder, the CITY shall so notify the
PLANNER in writing, such suspension becoming effective upon the date of its
receipt by the PLANNER, and the CITY shall promptly pay to the PLANNER all
compensation which has become due to and payable to the PLANNER to the
effective date of such suspension. The CITY shall thereafter have no further
obligation for payment to the PLANNER for the suspended services unless and
until the CITY notifies the PLANNER that the services of the PLANNER called
for hereunder are to be resumed.
Upon receipt of written notice from the CITY that the PLANNER's services
hereunder are to be resumed, the PLANNER shall complete the services of the
PLANNER called for in the original work assignment or Work Order, and the
PLANNER may, in that event, be entitled to payment of the remaining unpaid
compensation subject to the terns and conditions of the Work Order and this
Contract.
8.5.2 If the aggregate time of the CITY's suspension or suspensions of the
PLANNER's services exceeds ninety (90) days, then the PLANNER and the
10
006.353678.1
CITY shall, upon written request of the PLANNER, meet to assess the services
performed hereunder up to the time of such meeting, the services remaining to be
performed, and the total compensation paid to the PLANNER hereunder. During
such meeting, the parties shall have the option of negotiating a change in
compensation to be paid to the PLANNER for the balance of the services to be
performed hereunder. No increase in compensation to the PLANNER shall be
allowed unless it is based upon clear and convincing evidence of an increase in
the PLANNER's costs attributable to the aforesaid suspensions.
SECTION IX
CLAIMS AND DISPUTES/REMEDIES
9.1 CLAIMS AND DISPUTES
The PLANNER shall provide the CITY within written notice of any claims, disputes,
and/or matters in question including claims for extra compensation not later than forty-
five (45) days of its occurrence. The failure to provide such written notice shall
constitute a waiver of such claim.
SECTION X
INDEMNITY AND INSURANCE
10.1 GENERAL
If any claims are made against the CITY, induding its agents and/or employees, or if the
CITY is sued or held liable in any manner whatsoever as a result of, or by reason of,
negligent actions or omissions, breach of contract or negligent violations of any
applicable law, rule or regulation by the PLANNER in connection with the rendering of
services to the CITY under this Contract, then the PLANNER will indemnify, defend and
save the CITY and its agents and/or employees harmless from and against any and all
liability for damages, compensations, suits, judgments, loss, costs, charges and expenses
whatsoever, induding reasonable attorney's fees, expert witness' fees, and court costs,
which they shall or may at any time sustain, resulting from any such negligent act, error
or omISSIon.
10.2 INSURANCE
The PLANNER 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 PLANNER 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 Section 440.57, Florida Statutes.
11
006.353678.1
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
PLANNER and/or subcontractor providing such insurance.
b. Workers' Compensation Insurance: The PLANNER 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
PLANNER 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 PLANNER 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 PLANNER
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 PLANNER and the City 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 PLANNER or by anyone directly or indirectly employed by the Contractor,
and the amounts of such insurance shall be the minimum limits as follows:
1) 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
2) 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 PLANNER is primary and non-contributory.
· $2,000,000 GENERAL AGGREGATE
· $2,000,000 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
12
006.353678.1
3) Subcontractor's Comprehensive General Liability, Automobile Liability
and Worker's Compensation Insurance: The PLANNER 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.
4) Contractual Liability: If the project is not bonded, the Contractor's
insurance shall also include contractual liability coverage to insure the
fulfillment of the contract. 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
5) Commercial Umbrella:
. $1,000,000 PER OCCURRENCE
. $2,000,000 Aggregate
· Including Employer's Liability and Contractual Liability
6) Builders Risk:
· $100,000 Any (1) Location
· $1,000,000 Any (1) Occurrence
7) Professional Liability/Errors and Omissions Insurance:
The PLANNER shall also purchase, maintain, and keep in full force,
effect, and good standing, a professional liability/errors and omissions
insurance policy having minimum limits of $1,000,000.00, with a
maximum deductible of $100,000.00 or, the PLANNER shall provide the
CITY with policy coverage wherein the insurer agrees to pay claims (up to
the limits of coverage), and will thereafter recover the deductible from the
insured-PLANNER. The errors and omissions policy shall be in effect
and shall insure the Planner's performance on CITY projects.
8) Certificates of Insurance: Certificate of Insurance Form (see sample
attached), naming the City of Ocoee as an additional insured will be
furnished by the PLANNER upon notice of award. These shall be
completed by the authorized Resident Agent and returned to the Office of
the Purchasing Agent. This certificate shall be dated and show:
a) The name of the Insured contractor, the specific job by name and
job number, the name of the insurer, the number of the policy, its
effective date, its termination date.
13
006.353678.1
006.353678.1
b) Statement that the Insurer shall mail notice to the Owner at least
thirty (30) days prior to any material changes in provisions or
cancellation of the policy, except ten (10) days written notice of
cancellation for non-payment of premium.
M;JUJ/)_ CERTIFICATE OF LIABILITY INSURANCE OP 10 J9 D>.TlI_DllI'fYVYl
nAZll.1 11/04/04
I plft()OOCUl THIS CERTIFICATE IS ISSUED M A MAlTER OF INFORMATION
ONLY AND CONFERS NO RKlHTS UPON TIlE CERTIFICATE
, HOLDER. TIllS CERTIFICATE DOES NOT AMEHD, EXTEND OR
AI. TER TIlE COVERAGE AFFORDED BY TIlE POUCIES BELOW.
IISURERS AFFORDING COVERAGE NAIC .
lNSURED INSURER A:. __ ".t ...tiAt .... CJI" "Un
............
~a;~:~tor" N_e IlSIJRER C:
_C,
_E,
COVERAGES
T>lE POUCIES tY INIlUIW<CE LISTEO _ HAVE _ _ TO 1);E lN5UAED HAMS> AICIIll'OR THE POUCY _co INOICATEO. NOTWlTHSTAHlllNG
~ RIiQUtREMENT, TIRM OR CONDmON OF AH'I CON1'RACT OR OTHeR DOCVNENT WITH R&lPECT TO WHlCM llilS ceRTIFICATE NAY IS&. ISSUED OR
MAY PERT.-.lN. tHe IH$UFtANCE AFFORDEl) 8V'THE POUCQ OESCRIHO HEREIN IS $U8JECT TO AU. nE TERMS. EXCtU$tON.S ,,"0 CONDm0N8 OF SUCH
I'OI.lClES. AGGIlEOol.TE lNTI_ MAY HAVE lIE&N IlEDlJCEC'" PAlO CUlMS.
LTlI ~ TI'Pl!Ol'_. I'OUCY IIU8Elt Ill; A l.MT1
~1Ilu.I. LIUIUTY EACH cc:aJlW;NCE .1,000,000
X JL~L_._L.WI1UT'f Pfl.ENISEll .......... '50,000
_ <:uall MACE ~ OCOJA MEDE>cI'!....,...._1 .5,000
, I PERSONAL.l AlN INJURY 0:1.,000,000
- ------
OEHEJur.L. AGGREGATE 02,000,000
~=rxlE;;n= PRODUCTS. COWPIQP AGQ ..2,000,000
~0M0lIIl.E 1.IAIlIUTY COMIINEO SING\..E l,.1M1T .1,000,000
.!. _ AUTO 1"-1
f- AlL. OWNED AUTOS I eooK. V INAlRV
"..,...... I
I-- SCHECUl.ED AUTOS
~ HlREC Al1TOS IlOIlI\. V 0WftY
I .
~ NOH-OWNEO AUTOS (Pw_
I """""""'- : s
"..,.-
I OAllAGl UAIIIUTY , AUTO OM. Y . EA ACt::1DENT .
I
R _'UTO OTMER THAN 0!AN:.C .
AlITO OHL ~ .aG ,
DCUSlUU8QLlA L.LAaLJTY """,H~ . 1, 000,000
X l!J OCCUR 0 C........MACE AGGREGATE .2,000,000
I I . -
R CECl.CTlBI.E .
, IOUEN11OH . .
WOfUWt.I COIIPEJrd.ATJOtt AND X T~~~.!!'.: I I "EN'
_UAlILlTY e.L EACIo( ACCWENT .500,000
ANY PROPRIETORtPAAT'NE.RtEXE<:UTI\I'I! ,
_~0XCWllED1 E.l.. _E..... EMPlOYEE. 500.000
~~...... I E.LC1S.......POUCVU...,. . 500.000
OTHER
Builders Riak Any 1 Loe l00,<XXl
An" 1 Oee 1,000,000
DESCRIP'nON 01" QPERAllONS I LOCA1lONI1 VEHlClUI DeLUSIONS ADDED I't EHDORIEIIIKr, '1'ECW.1IIlROWItONI
The inaurance evidenced by this certificate .hall Dame the certificate
holdera a. an additional insured on the General Liability ~ cmbralla
Liabili ty. Workers I CClIIIpenBation, IIsoIployers' Liability ~ Oeneral Liability
.hall contain a Waiver of Subrogation in favor of the certificate h01der.
The certificate h01der ie added aa a nm:d inua'l fir llJi.llhB RiSe.
CERTIFICATE HOI.DER
CNlCEUATION
OCO.BO 1. 8HCU.D IIH't OF 1ltI A80VI oasclltllNiD POUCID H CANeILLlD alflOM. nee: UJIWllATK>>.
DATlTHlRlOfl, T"--.suINO INSUREJtWlLL tNDfAVOR TO MAIL !L DAYSWRIT1"!H
MC'nCITOTHICIln'Ftl;ATE HOLDaR NAMIEOTO~LUT. IUT FAl\.UAI TO 00 SOStW..L
WOI8.NO OIUGATlON OA UAIJUTY 01 MY KIND UPON TH! 1N$\JRfJt. fTS AGlNTS OR
JltIPlUllHtA-1JYQ.
AUTMORIWJ _ATNE
City of Ocoee
150 N. Lake.hore Drive
Occee FL 34761-2258
ACORD 25(2001108)
S~PLc
C ACORD CORPORATION 1981
14
SECTION XI
NEGOTIATION DATA
11.1 The PLANNER hereby certifies, covenants and warrants that wage rates and other cost
data supporting the compensation provided for in this Contract are accurate, complete and
current as of the date of negotiation of the Compensation terms contained in this Contract. It is
further agreed that the PLANNER's compensation under this Contract may be adjusted to
exclude any significant sums where the City determines the PLANNER's compensation was
increased due to inaccurate or incomplete wage rates and other factual unit costs. All such price
adjustments shall be made prior to the end of this Contract. Records of cost incurred under the
terms of this Contract shall be maintained and made available to the CITY during the period of
this Contract and for three (3) years after final payment is made. Copies of these documents and
records shall be furnished upon request to the CITY at no cost.
SECTION XII
OWNERSHIP OF DOCUMENTS/COMPUTER FILES
12.1 It is understood and agreed that all Documents, including the detailed reports, plans,
original drawings, survey field notebooks, and all other data other than working papers, prepared
or obtained by the PLANNER in connection with its services hereunder, are the property of the
CITY. All computer generated information shall be provided to the CITY on media that is
acceptable to the CITY. The PLANNER may retain copies of all Documents for its files. All
Documents, including drawings prepared by the PLANNER pursuant to this Contract, are
instruments of service in respect to the services described in the Work Order. They are not
intended or represented to be suitable for reuse by the CITY or others on extensions of the
services performed under this Contract or on any other project. Any reuse without written
verification or adoption by the PLANNER for the specific purpose intended will be at the
CITY's sole risk and without liability or legal exposure to the PLANNER. Any documents
given to or prepared or assembled by the PLANNER and its subcontractors under this Contract
shall be kept solely as property of the CITY and shall not be made available to any individuals or
organizations without the prior written approval of the CITY except to the extent required by
Public Records Acts. The PLANNER may retain copies of all work performed under this
Contract for the CITY.
SECTION XIII
STANDARDS OF CONDUCT
13.1 The PLANNER warrants that it has not employed or retained any company or person,
other than a bonafide employee working solely for the PLANNER, to solicit or secure
this Contract and that the PLANNER has not paid or agreed to pay any person, company,
corporation, individual or firm other than a bonafide employee working solely for the
PLANNER, any fee, commission, percentage, gift, or any other consideration, contingent
upon or resulting from the award of making this Contract.
15
006.353678.1
13.2 The PLANNER shall not discriminate on the grounds of race, color, religion, sex, or
national origin in the performance of work under this Contract.
13.3 The PLANNER hereby certifies that no undisclosed conflict of interest exists with
respect to the present Contract, including any conflicts that may be due to representation
of other clients, other contractual relationships of the PLANNER, or any interest in
property which the PLANNER may have. The PLANNER further certifies that any
apparent conflict of interest that arises during the term of this contract will be
immediately disclosed in writing to the CITY. The PLANNER shall immediately notify
the CITY in writing, prior to entering into any contract or performing any work for
Orange County or the City of Winter Garden. The CITY shall determine whether such
contract or work will constitute a conflict of interest with respect to this Contract.
Violation of this Section will be considered as justification for immediate termination of
this Contract.
13.4 If the CITY determines that any employee or representative of the PLANNER is not
satisfactorily performing his assigned duties or is demonstrating improper conduct
pursuant to any assignment under this Contract, the CITY shall so notify the PLANNER
in writing. The PLANNER shall immediately remove such employee or representative of
the PLANNER from such assignment.
13.5 The PLANNER shall not publish any documents or release information to the media
without prior approval of the CITY.
SECTION XIV
ACCESS TO RECORDS/AUDIT
14.1 The PLANNER shall maintain books, records, documents, time and cost accounts and
other evidence directly related to its performance of services under this Contract. All time
records and cost data shall be maintained in accordance with generally accepted
accounting principles. The PLANNER shall also maintain the financial information and
data necessary to determine overhead rates in accordance with the requirement of Federal
and State regulatory agencies and this Contract. The CITY, or any of its duly authorized
representatives, shall have access within twenty-four (24) hours notice to such books,
records, documents, and other evidence for inspection, audit and copying. Copying of the
PLANNER's books, records, documents, time records and cost accounts and other
evidence shall be at the PLANNER's expense.
14.2 The PLANNER shall maintain and allow access to the records required under this
Section for a period of three (3) years after the completion of the services provided under
this Contract and date of final payment for said services, or date of termination of this
Contract.
16
006.353678.1
SECTION XV
STANDARDS OF PERFORMANCE
15.1 All the services to be performed by the PLANNER shall comport with the highest
standards of professional transportation planning. All work product shall conform to
applicable building codes and standards, ordinances of the CITY, applicable federal
and/or state and/or regulations.
15.2 The PLANNER shall be responsible for producing work that complies with current or
changing codes or regulations which must be applied to the work assignments and Work
Orders to be performed under this Contract. Any new codes or regulations becoming
effective subsequent to the effective date of a Work Order shall be the subject of
negotiation for an increase in scope and compensation by Change Order to the Work
Order.
SECTION XVI
ASSIGNABILITY
The PLANNER shall not sublet, assign or transfer any interest in this Contract, except for claims
for the money due or to become due, which may be assigned to a bank, trust company, or other
financial institution without CITY approval. Notice of such assignment or transfer shall be
furnished promptly to the CITY.
SECTION XVII
CONTROLLING LAWS
This Contract shall be interpreted and governed by the laws of the State of Florida without
reference to its conflicts of laws principles.
SECTION XVIII
FORCE MAJEURE
Neither parry shall be considered in default in performance of its obligations hereunder to the
extent that performance of such obligations, or any of them, is delayed or prevented by Force
Majeure. Force Majeure shall include, but not be limited to, hostility, revolution, civil
commotion, strike, epidemic, fire, flood, wind, earthquake, hurricane, explosion, or any act of
God; provided that the cause is beyond the control and without the fault or negligence of the
party seeking relief under this Section.
SECTION XIX
CONTRACT DOCUMENTS
19.1 This Contract, together with the Exhibits hereinafter identified and listed in paragraph
19.2, shall constitute the entire Agreement between the CITY and the PLANNER and
17
006.353678.1
supersede all prior written or oral understandings in connection therewith. This Contract
may only be amended, supplemented or modified by a formal amendment.
19.2 The Exhibits made part of this Contract are as follows:
Exhibit A - Professional Hourly Rate Schedule
SECTION XX
DISPUTE RESOLUTION
20.1 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 Contract, or any Work
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 PLANNER 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 Work Order 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.
IN WITNESS WHEREOF, the CITY and the PLANNER have executed this Contract to
become effective on the day and year first written above.
ATTEST:
APPROVED:
Witness
(SEAL)
18
006.353678.1
ATTEST:
Jean Grafton, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND
LEGALITY this _ day of
FOLEY & LARDNER LLP
By:
006.353678.1
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON UNDER
-
AGENDA ITEM NO.
19