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2010-20 CONTINUING CONTRACT AND AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES c:D10 THIS AGREEMENT is entered into as of this o2 7 day of f 1 2009, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, hereinafter referred to as "CITY" and C.T. HSU & ASSOCIATES, P.A., 820 Irma Avenue, Orlando, FL 32803 hereinafter referred to as "ARCHITECT." WITNESSETH WHEREAS, the CITY is in need of qualified and licensed architectural services related to the Jenkins Auditorium Replacement projects; WHEREAS, the CITY, in accordance with Section 287.055, Florida Statutes, solicited proposals for services as more fully described and set forth in RFQ: 10 -001; and WHEREAS, the ARCHITECT submitted a proposal to provide said services and has represented to CITY that it is qualified and desires to perform said services in accordance with the terms and conditions contained herein, and all applicable law and professional standards; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 TERM 1.1 This Agreement is to become effective upon execution by both parties, and shall remain in effect for a one (1) year term, unless terminated as provided for herein. Additionally, the parties agree that the term may be extended upon mutual agreement for periods of one (1) year, but such option to extend may only be utilized four (4) times unless authorized by the City Council for additional extensions. 1.2 The term of any task authorization/work order, as described in Section 2 hereof shall be as set forth in such task authorization/work order, and all of the terms and conditions of this Agreement shall survive until completion of all task authorizations /work orders. 2.0 DESCRIPTION OF SERVICES 2.1 It is expressly understood and acknowledged that nothing herein shall obligate or guarantee to ARCHITECT any agreement or task authorization and CITY expressly reserves the right to exercise its option to issue any such agreements to any qualified firm or entity in accordance with all applicable laws, ordinances, policies and /or regulations. 2.2 The CITY shall make request of ARCHITECT for professional architectural and other related consulting services on a task basis. The CITY will communicate with 1 ARCHITECT, verbally or in writing, a general description of the task to be performed. The ARCHITECT will generate a detailed Scope of Work document, prepare a Schedule, add a not -to- exceed - budget to accomplish the task, and send the developed "Task Proposal" to the CITY. If a site visit by ARCHITECT is needed to generate the scope document, ARCHITECT shall request approval prior to visiting the site. The CITY will review the proposal, and if the description is mutually acceptable, the parties will enter into a written "task authorization or work order ". The Scope of Services generally to be provided by the ARCHITECT shall be as provided and contemplated by the CITY in that certain RFQ # 10 -001 and ARCHITECT'S response thereto, which are expressly incorporated herein and made a part hereof as if restated ARCHITECT shall not be authorized to proceed until the CITY has issued a Notice to Proceed to the ARCHITECT. Upon receipt of the signed Task Authorization/Work Order and a Notice to Proceed from the CITY, the ARCHITECT shall perform the services set forth in the Task Authorization/work order. 2.3 ARCHITECT shall provide CITY'S designated project manager with monthly time sheets or labor cost statements for services rendered during the preceding month. Each time sheet shall state the names and classifications of all personnel who performed services during said month under the task authorization, and the number of hours worked by each. 3.0 CHANGES IN THE SCOPE OF WORK 3.1 CITY may make changes in the services at any time by giving written notice to ARCHITECT. If such changes increase (additional services) or decrease or eliminate any amount of work, CITY and ARCHITECT will negotiate any change in total cost or schedule of modifications. If the CITY and ARCHITECT approve any change, the task authorization/work order will be modified to reflect the changes; and ARCHITECT shall be compensated for said services in accordance with the terms of Article 5.0 herein. All change orders shall be authorized in writing by CITY'S and ARCHITECT'S designated representatives. 3.2 All of CITY'S task authorizations /work orders and amendments thereto shall be performed in strict accordance with the terms of this Agreement insofar as they are applicable. 4.0 SCHEDULE 4.1 ARCHITECT shall perform services in conformance with the mutually agreed upon schedule set forth in the negotiated task authorization. ARCHITECT shall complete all services in a timely manner and will keep CITY fully informed of the status of work on a reasonable basis in relation to the scope of the project or at least monthly. 2 Should ARCHITECT fall behind the agreed upon schedule, it shall employ such resources so as to comply with the agreed upon schedule at no additional cost to the CITY. 4.2 No extension for completion of services shall be granted to ARCHITECT without CITY'S prior written consent, except as provided in Sections 3.1 and 20.0 herein. 5.0 METHOD OF PAYMENT FOR SERVICES AND EXPENSES 5.1 DEFINITIONS: 5.1.1 The "ARCHITECT's Professional Services Fee Schedule" as set forth in Exhibit "A ", attached hereto and incorporated herein, are used as a basis for payment for services pursuant to Paragraphs 2.0 and 3.0. These fee schedules shall include wages, salaries, taxes, insurance, overhead and profit. The hourly salary rates set forth in the Fee Schedule are firm for the initial term, but are subject to an equitable adjustment that is to be negotiated prior to the renewal of the Agreement. Any adjustments to the Fee Schedule must be mutually agreed to by the CITY and ARCHITECT. 5.1.2 The "ARCHITECT's Reimbursable Expenses Schedule" as set forth in Exhibit "B ", attached hereto and incorporated herein, as provided by the ARCHITECT, is used as the basis for payment for actual costs of all reimbursable expenses incurred in connection with the services rendered. Reimbursable expenses shall include, but not be limited to: telephone, printing, subsistence, and automobile expenses, which are directly or indirectly in connection with the project. Said reimbursable expenses shall be passed through at a cost factor of 1.0. 5.1.3 The "Deliverables" are defined as plans, reports, findings, specifications, or anything else that is the end product or work performed by the ARCHITECT or the CITY. ARCHITECT shall, within such time constraints as may be set forth in the task authorization/work order, submit to CITY the deliverables as identified in the task authorization/work order; and ARCHITECT shall, upon completion of all work, submit to the CITY all information developed in the course of the consulting services. ARCHITECT shall, upon request by CITY and upon completion or termination of this Agreement, deliver to CITY all material furnished to ARCHITECT, provided the CITY identifies those materials in writing. 5.2 PAYMENT /COMPENSATION: CITY agrees to pay or compensate the ARCHITECT for the professional services performed on each task authorization/work order in accordance with one of the following methods, unless otherwise provided herein or in the task authorization/work order. 3 5.2.1 Not to exceed cost based upon the "ARCHITECT's Professional Services Fee Schedule." 5.2.2 Lump sum cost based upon the " ARCHITECT's Professional Services Fee Schedule." 5.3 SERVICES - ADDITIONAL: CITY shall pay ARCHITECT as follows: 5.3.1 Professional Associates, Consultants and /or Subcontractors: For services and expenses of independent associates, Consultants and /or subcontractors employed by ARCHITECT, the amount invoiced to ARCHITECT times a factor of 1.0 for invoices to the CITY. 5.3.2 Expert Witness: For any litigation, arbitration or other legal or administrative proceeding for any time spent in preparation for such litigation, on the same basis as set forth in Paragraph 5.1 and 5.3.1 5.4 TIME FOR PAYMENT: At monthly intervals, ARCHITECT shall submit statements for services, additional services rendered and for reimbursable expenses incurred. The statements will be based upon ARCHITECT'S actual manpower expended and actual expenses incurred within the billing period. 5.4.1. As a condition precedent to receiving payment, ARCHITECT shall have been authorized to proceed by CITY, shall not be in default of any of the terms and conditions of this Agreement and shall provide to CITY an invoice. The invoice shall be forwarded to CITY, no more frequently than once per month, and signed by an authorized representative of ARCHITECT related to the applicable monthly installment payment. The invoice shall include a statement identifying the period for which it applies and the sub -tasks or portions thereof, completed by the specific task authorization/work order, and specifically set forth the percent of completion of each sub -task for which compensation is being requested. 5.4.2. All invoices submitted for compensation shall include a statement by ARCHITECT that states as follows: "This statement sets forth only actual time spent by the firm's employees and does not contain any unit billing, multipliers, or other devices that permit payment for more than actual time spent." 5.4.3. CITY shall pay all valid, approved, and undisputed invoices within thirty (30) days of receipt from ARCHITECT. In the event that CITY disputes any invoice submitted, it shall advise ARCHITECT, in writing, and said invoice shall not be deemed due and payable under this agreement. Neither the CITY'S review, approval or acceptance of, nor payment for, any services provided hereunder shall be construed to operate as a waiver of any rights under this Agreement and the 4 ARCHITECT shall be liable to CITY for any and all damages to CITY caused by the ARCHITECT'S negligent or wrongful performance of any of the services furnished under this Agreement. 5.5 OTHER PROVISIONS CONCERNING PAYMENTS: 5.5.1 In the event of termination by CITY under Section 18.0 during the performance of the services, payments due ARCHITECT up to the point of termination, including payments for services rendered, and all costs incurred shall constitute total payment for such services. 5.5.2 Records of ARCHITECT's Salary Costs and Expenses pertinent to ARCHITECT'S compensation under this Agreement will be kept in accordance with generally accepted accounting principles. These records will be made available to CITY for audit upon request by CITY. Copies will be made available to CITY on request prior to final payment for ARCHITECT'S services. 5.5.3 A separate invoice must be submitted for each individual task authorization. Invoices must show a breakdown of the number of hours worked by each person charging time to the task authorization, hourly salary cost and any reimbursable expenses. 6.0 RIGHT TO INSPECTION 6.1 CITY or its agents shall at all times have the right to review or observe the services performed by ARCHITECT. 6.2 No inspection, review, or observation shall relieve ARCHITECT of its responsibility under this Agreement. 7.0 PROGRESS MEETING CITY'S designated Project Manager may hold periodic progress meetings on a monthly basis, or more frequently, if required, during the term of any task authorization entered into under this Agreement. ARCHITECT'S Project Manager and all other appropriate personnel shall attend such meetings as designated by CITY'S Project Manager, and ARCHITECT shall be compensated at the billing rates set forth in Article 5.0 8.0 SAFETY 8.1 ARCHITECT agrees to comply with CITY'S published safety standards while on the property of CITY. A copy of these standards is provided in Exhibit "C ", attached hereto and incorporated herein. 8.2 ARCHITECT shall have full responsibility and assume all liability for the safety and supervision of its employees while performing services provided hereunder. 5 • 9.0 REASONABLE ACCESS During the term of this Agreement, CITY shall grant ARCHITECT reasonable access to the CITY'S premises for purposes of fulfilling its obligations under this Agreement. 10.0 INSURANCE AND HOLD HARMLESS /INDEMNIFICATION ARCHITECT shall maintain in force during the term of this Agreement, at its own expense, insurance as set forth in Exhibit "D ", attached hereto and incorporated herein and shall be bound by the terms of the Hold Harmless /Indemnification provisions expressed therein. 11.0 COMPLIANCE WITH LAWS AND REGULATIONS ARCHITECT shall comply with all requirements of federal, state and local laws, rules, regulations, standards, and /or ordinances applicable to the performance of this Agreement. 12.0 REPRESENTATIONS 12.1 ARCHITECT represents that the services provided hereunder shall conform to all requirements of this Agreement, RFQ #10 -0001 and ARCHITECT'S response thereto; shall be consistent with recognized and sound professional engineering practices and procedures; and shall conform to the customary standards of care, skill, and diligence appropriate to the nature of the services rendered. 12.2 ARCHITECT represents that the personnel furnishing such services shall be qualified and competent to perform the services assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their best professional knowledge and judgment. 12.3 Subject to the provisions of this Section, should ARCHITECT breach the warranties set forth herein, CITY shall have such remedies as may be provided at law or equity. 12.4 Without limiting the generality of the foregoing, if the ARCHITECT completes its services under any task authorization entered into hereunder, and the ARCHITECT'S services are non - complying, defective, or otherwise improperly performed and CITY notifies ARCHITECT in writing that a defect, error, omission or noncompliance has been discovered in ARCHITECT'S services, ARCHITECT shall, at the option of CITY: a) correctly re- perform such non - complying, defective, or otherwise improperly performed services at no additional cost to CITY; b) refund the amount paid by CITY attributable to such non - complying, defective or otherwise improperly performed services; or c) if ARCHITECT fails to take action under a) above, at ARCHITECT'S sole expense, otherwise cure or have cured any such non - complying, defective, or otherwise improperly performed services. 6 12.5 The only representations made by ARCHITECT are those expressly enumerated in this provision. Any other statements of fact or descriptions expressed in the Agreement or any attachments thereto, shall not be deemed to constitute a warranty of the work or any part thereof. 13.0 GUARANTEE AGAINST INFRINGEMENT ARCHITECT guarantees that all services provided under this Agreement shall be free from claims of patent, copyright, and trademark infringement. Notwithstanding any other provision of this Agreement, ARCHITECT shall indemnify and hold harmless CITY, its officers, directors, employees, agents, assigns, and servants from and against any and all liability, including expenses, legal or otherwise, for actual infringement of any patent, copyright, or trademark resulting from the use of any goods, services, or other items provided under this Agreement. Notwithstanding the foregoing, ARCHITECT may elect to provide non - infringing services. 14.0 DOCUMENTS 14.1 Upon CITY'S or its designated Project Manager's request, at any time during the term of this Agreement or upon completion or termination of this Agreement, ARCHITECT shall provide CITY or its designated Project Manager with a copy of all documents and electronic files prepared by ARCHITECT under this Agreement or any Task Authorization hereunder. CITY understands that re -use of any documents for any other purposes, shall be at the CITY'S own risk. 14.2 The parties acknowledge that the CITY is a Florida municipal corporation and subject to the Florida Public Records Law, therefore, to the extent applicable to it, ARCHITECT agrees to comply with the terms thereof with regard to any and all documents related to the CITY. 15.0 ASSIGNMENT 15.1 ARCHITECT shall not assign or subcontract this Agreement, any task authorization hereunder, or any rights or any monies due or to become due hereunder without the prior, written consent of CITY. 15.2 If, upon receiving written approval from CITY, any part of this Agreement is subcontracted by ARCHITECT, ARCHITECT shall be fully responsible to CITY for all acts and /or omissions performed by the subcontractor as if no subcontract had been made. 15.3 If CITY determines that any subcontractor is not performing in accordance with this Agreement, CITY shall so notify ARCHITECT who shall take immediate steps to remedy the situation. 15.4 If any part of this Agreement is subcontracted by ARCHITECT, prior to commencement of any work by the subcontractor, ARCHITECT shall require the subcontractor to 7 provide CITY and its affiliates with insurance coverage as set forth by the CITY'S Human Resources Director /Risk Management. 16.0 INDEPENDENT ARCHITECT At all times during the term of this Agreement, ARCHITECT shall be considered an independent ARCHITECT. 17.0 DEFAULT If during the term of this Agreement, ARCHITECT shall be in default of any of the material provisions of this Agreement, CITY may suspend its performance hereunder until such delinquency or default has been corrected; provided, however that no suspension shall be effective unless and until CITY gives written notice of the default to ARCHITECT with at least ten (10) days to cure such default. If ARCHITECT fails to correct such delinquency or default within thirty (30) days of suspension by CITY, CITY may terminate this Agreement. 18.0 TERMINATION Notwithstanding any other provision of this Agreement, CITY may, upon written notice to ARCHITECT, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to ARCHITECT b) ARCHITECT is adjudged to be bankrupt; c) ARCHITECT makes a general assignment for the benefit of its creditors; d) ARCHITECT fails to comply with any of the conditions of provisions of this Agreement; or e) ARCHITECT is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 19.0 FORCE MAJEURE Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God: fire; flood; windstorm; explosion; riot; war; sabotage; strikes; extraordinary breakdown of or damage to CITY'S affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstances of Force Majeure remain in effect for sixty (60) days, either party may terminate this Agreement. 20.0 GOVERNING LAW & VENUE 8 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue shall be Lake County, Florida, or the United States District Court in and for the Middle District of Florida. 21.0 HEADINGS Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 22.0 SEVERABILITY In the event any portion or part of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts thereof shall otherwise be fully enforceable. 23.0 WAIVER AND ELECTION OF REMEDIES 23.1 Waiver by either party of any terms, condition, or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 23.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 24.0 THIRD PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and ARCHITECT. 25.0 PROHIBITION AGAINST CONTINGENT FEES ARCHITECT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARCHITECT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the ARCHITECT, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 26.0 ENTIRE AGREEMENT Except as otherwise state, this Agreement, including the schedules, attachments, appendixes and exhibits attached hereto, constitutes the entire agreement between CITY and ARCHITECT with respect to the services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 9 27.0 SOVEREIGN IMMUNITY Nothing contained in the Agreement shall be construed as a waiver of the CITY'S rights to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the CITY'S potential liability under state or federal law. 28.0 NOTICE Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: CITY: City Manager City of Clermont 685 West Montrose Street Clermont, Florida ARCHITECT: C.T. Hsu & Associates, P.A. 820 Irma Ave Orlando, FL 32803 Either party may change the name of the person receiving notices and the address at which notices are received by so advising the other party in writing. IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated below: CITY OF CLERMONT, FLORIDA G .T. 461) 4- P 4 . BY: 1T1Mor}rli tG r, , , = i arold Turville, Jr., Mayor ATTEST: ATTE T: p` Tracy Ackroy., ity Clerk (CORPORATE SEAL) 10 Exhibit "A" Architect's Professional Services Fee Schedule C.T. HSU + ASSOCIATES P.A ARCHITECTURE • PLANNING • INTERIOR DESIGN ORLANDO March 23, 2010 Revised April 12, 2010 Freddy Suarez, M.P.A., C.P.P.B. Purchasing Manager City of Clermont 685 W Montrose Street Clermont, FL 34711 RE: FEE PROPOSAL for Architectural /Engineering Design Services for the Jenkins Auditorium Replacement Dear Mr. Suarez, Thank you for the opportunity to submit this fee proposal for the referenced work, over which our Team is very excited and eager to begin. Our comprehensive services proposal is based upon the project scope as defined in your RFP, and is subject of course to modification pending further clarification and requests by the City. I. SCOPE OF SERVICES The C.T. Hsu + Associates (CTH +A) Team will provide architectural, engineering and site design ser- vices for the following project: 1. Jenkins Auditorium Replacement at the northwest corner of Montrose Street and Lake Avenue. Envisioned to have a footprint of approximately 10,000 sq. ft. that will include meeting space, kitchen area, storage and office area. The City may consider a second story for future use. The project will include onsite parking and landscape design. A. TASK A — Space Needs Assessment 1. Initial Groundwork We will introduce our project team and prepare appropriate questionnaires for your staff. 1.1. Project kick off workshop 1.2. Preliminary Space needs 1.3. Prepare questionnaires, interviews of Chamber staff and user groups as requested. 1.4. Final Program Document and concept plan. 2. Project Goals We will meet with your planning committee to discuss key project goals such as the following: 2.1. Identify essential function requirements • Program functions • Forecast staff growth • Current and future space needs • Special functional and equipment requirements • Adjacency relationships 820 IRMA AVENUE, ORLANDO, FL 32803 USA • 407 423 -0098 FAX # 407 423 -4793 LICENSE # AA -C 001322 April 12, 2010 Jenkins Auditorium Replacement Fee Proposal page 2 of 3 B. TASK B — Final Design and Construction Administration Services Upon completion of Space Needs Assessment we will proceed with comprehensive design, permitting, and construction administration services as detailed below: Detailed Design 3.1 Schematic Design Submittal 3.2 Design Development Submittal 3.3 Bidding and Permitting 3.4 Discuss general programming strategy Construction Administration 3.5 Submittal and Shop Drawing Review 3.6 Periodic Site Observations and Progress Meetings 3.7 Monthly Pay Application Review 3.8 Substantial Completion Punch List II. COMPENSATION CTH +A Team proposes to provide the architectural and engineering services described herein for a lump sum fee, broken down and invoiced monthly as follows: Proposed Design Fee Basic for A &E for Building $146,000 (includes Arch, MEP, Struct) + Civil Fee $24,300 + Landscape Fee $12,500 Total Gross Fee $182,800 Space Needs Assessment Phase 5% $9140 Schematic Design Phase 10% $18,280 Design Development Phase 20% $36,560 Construction Document Phase 40% $73,120 Bidding Permitting Phase 5% $9140 Construction Administration Phase 20% $36,560 Reimbursable expenses will be invoiced and compensated according to the Reimbursable Expenses guidelines set forth in the City Policy and Procedures. C.T. HSU + ASSOCIATES, P.A. April 12, 2010 Jenkins Auditorium Replacement Fee Proposal page 3 of 3 III. EXCLUSIONS The following scope items are excluded from basic services and would be considered additional services: Survey services Geotechnical Services LEED IV. TIME SCHEDULE We expect to complete the scope of work for the entire project in approximately the following time period notice to proceed: Program Verification and Master Planning 2- 4 weeks Design 14 -16 weeks Construction 10 -12 months We are, as you know, extremely excited about this project and are eager to begin taking your community vision for the City a step closer to reality. If you need additional information, please do not hesitate to contact our office. We look forward to working with you on this important undertaking. Sincerely, C. T. HSU + ASSOCIATES, P.A. Timothy McNicholas, AIA, LEED AP Principal cc: File (PF /MF /CR) C.T. HSU + ASSOCIATES. P A. .. 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W .v co E in Q) 2 > as a) 0 C N a) . a) al m — W W � C .0 O Z t a rn 0 N a) 2 1 a) 7 U d m c y y N ILL n r - E x 3 1 .c a m Q 0 a) •E d >C c a w = N a ` c a .0 y W •= rn c N c a «� . y CO v) cn o m C w a If, c w 3 c N v E a ° i(i .... ) i CO (a U a t 01 w N o o o o E c Q d d CO 0 c Q a E Q w D D O _ c Q C C W y P- + c m c > a' N c o c 0 c rnd a y m 0 rn a E io 0 0 U E E 0 0 L- . .0 c yr d x c @ E U o a ` a P =a ~ W d c CO .� o ..:7,..2 ` c 42'- v c c U To w w' io 0 U o 0 a` U a v)0 M o UU a 0 o F a °OinF° r Exhibit "D" INSURANCE REQUIREMENTS Continuing Services Agreement SPECIAL PROVISIONS On the Commercial General Liability and Business Automobile Liability, the City of Clermont shall be listed as an "additional insured" as their interest may appear. The CITY shall not by reason of their inclusion under these policies incur liability to the insurance carrier for payment of premiums for these policies. A renewal certificate shall be issued thirty (30) days prior to expiration of coverage. Where available all policies shall be of an occurrence type and provide a forty -five (45) day notice of cancellation or modification of coverage. Prior to commencement of work, the proper insurance certificates shall be provided to, and approved by the CITY. DEDUCTIBLES: Given that the indemnification agreement is intended to be supported by first dollars insurance policies, which require full disclosure of any and all deductible for all coverage required by this specification or Contract, the only exception will be the area of Workers' Compensation. The CITY reserves the right to determine acceptable limits of such deductibles. FIRST DOLLAR COVERAGE: To the extent that the ARCHITECT may elect to purchase insurance, which provides a deductible or (SIR) self insure retention, the ARCHITECT will assume liability to personally indemnify the CITY to the same level of coverage required of their insurance carrier. COVERAGE'S & LIMITS COMMERCIAL GENERAL LIABILITY: This insurance shall be an "occurrence" type policy written in comprehensive form and shall protect the ARCHITECT and the additional insured against all claims arising from bodily injury, sickness, disease, or death of any person other than the ARCHITECT'S employees or damage to property of the CITY or others arising out of any act or omission of the ARCHITECT or his agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual personal injury liability coverage, and to insure the liability assumed by the ARCHITECT under the article entitled INDEMNIFICATION and COMPLETED OPERATIONS AND PRODUCTS LIABILITY coverage. The liability limits shall not be less than: Personal Injury and $1,000,000 Combined Property Damage Single limit each occurrence r - BUSINESS AUTOMOBILE LIABILITY: This insurance shall cover "any auto" type for bodily injury and property damage. This shall include owned vehicles, hired and non - owned vehicles, and employee non - ownership. The liability limits shall not be less than: Bodily Injury and $1,000,000 Combined Property Damage Single limit each occurrence WORKERS' COMPENSATION INSURANCE: The ARCHITECT shall take out and maintain during the life of this agreement, workers' compensation insurance for all of his employees connected with the work of this project and in case any work is sublet, the ARCHITECT 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 ARCHITECT. Such insurance shall comply fully with Florida Statutes, Chapter 440 and the Florida Workers' Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the workers' compensation statute, the ARCHITECT shall provide adequate insurance, and cause such subcontractor to provide adequate insurance, satisfactory to the owner, for the protection of his employees not otherwise protected. PROFESSIONAL LIABILITY: ARCHITECT shall carry professional malpractice insurance in the amount of $1,000,000 throughout the term of this Agreement and shall maintain such coverage for an extended period of three (3) years after completion and acceptance of any work performed hereunder. At all times throughout the period of required coverage, said coverage shall insure all claims accruing from the first date of the Agreement through the expiration date of the last policy period. hi the event that ARCHITECT shall fail to secure and maintain such coverage, ARCHITECT shall be deemed the insurer of such professional malpractice and shall be responsible for all damages suffered by the CITY as a result thereof, including attorney's fees and costs. HOLD HARMLESS/INDEMNIFICATION To the fullest extent permitted by laws and regulations, the ARCHITECT shall indemnify and hold harmless the CITY, its officers, directors, , and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals and court and arbitration costs) arising out of or resulting from any acts of omission or negligence in the performance of the work by the ARCHITECT, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable. In any and all claims against the CITY, or any of its officers, directors, agents, or employees by any employee of the ARCHITECT, any subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of P the work or anyone for whose acts any of them may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the ARCHITECT or any such subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts, nor shall this indemnification obligation be limited in any way by any limitation on the amount or type of insurance coverage provided by the CITY, the ARCHITECT, or any subcontractors. APPLICABILITY: It is the express intent of the ARCHITECT that this Agreement shall apply to all work or purchase orders incidental to the professional graphical/geographical systems (GIS) and computer aided design (CAD) services agreement. SUBROGATION: The ARCHITECT and any subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the CITY, except for "Professional Liability" and workers' or workmens' compensation. In the case of "Professional Liability," the Engineer /Architect and any subcontractors shall waive all rights of subrogation except in situations where gross negligence is shown on the part of the CITY. RELEASE OF LIABILITY: Acceptance by the ARCHITECT of the last payment shall be a release to the CITY and every officer and agent thereof, from all claims and liability hereunder for anything done or furnished for, or relating to the work, or for any act or neglect of the CITY or of any person relating to or affecting the work, unless expressly reserved in writing at the time that ARCHITECT submits its request for final or last payment. COMPANIES ISSUING POLICIES: Bach insurance policy issued hereunder shall be issued by a company or companies authorized to do business in the State of Florida and which have an A.M. Best Company rating of "A" or better and a Financial Size category of "VII" or as otherwise approved by CITY, in its sole discretion. By: IIIII DATE: / *110 TASK AUTHORIZATION NUMBER FOR CONTINUING CONTRACT AGREEMENT BETWEEN THE CITY OF CLERMONT FLORIDA AND C.T. HSU & ASSOCIATES, P.A. This Task Authorization is by and between C.T. HSU & ASSOCIATES, P.A., hereinafter referred to as "ARCHITECT" and the CITY OF CLERMONT, hereinafter referred to as "CITY" and is to that certain agreement between the parties dated ' ( 5 / 0 , and any amendments thereto, hereinafter collectively referred to as "the greement ". he Parties, in exchange for the mutual covenants contained herein and in the Agreement, agree as follows: 1. This agreement expressly modifies the Agreement and in the event of a conflict, the terms and conditions of this Task Authorization shall prevail. 2. In addition to all other terms and conditions contained in the Agreement, ARCHITECT shall provide services as more particularly described in the Scope of Services attached hereto and incorporated herein as Task Authorization Exhibit "A ". In consideration for, and upon, the satisfactory completion of said services, the CITY shall pay to ARCHITECT the amount set forth in Task Authorization Exhibit `B" attached hereto and incorporated herein. 3. ARCHITECT shall complete the services to be provided herein as set forth in Exhibit "A" hereto. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes herein expressed on the dates set forth below. CITY OF C 9NT Attes 4111111 —"dos . AL./ arold Turville, Jr., Mayor Tracy Ackr•yd, ity Clerk Date: C.T. HSU& A 1 OCIA ! ES, P. • • Corporate Secretary 1 m• s:is.ci(.� 6 4rera4- C' N U-110 (� ( ame /Title Pr nted or Typed) (Name Pri ted or Typed) C.T. HSU + ASSOCIATES P.A ARCHITECTURE • PLANNING • INTERIOR DESIGN ORLANDO March 23, 2010 Revised April 12, 2010 Freddy Suarez, M.P.A., C.P.P.B. Purchasing Manager City of Clermont 685 W Montrose Street Clermont, FL 34711 RE: FEE PROPOSAL for Architectural /Engineering Design Services for the Jenkins Auditorium Replacement Dear Mr. Suarez, Thank you for the opportunity to submit this fee proposal for the referenced work, over which our Team is very excited and eager to begin. Our comprehensive services proposal is based upon the project scope as defined in your RFP, and is subject of course to modification pending further clarification and requests by the City. I. SCOPE OF SERVICES The C.T. Hsu + Associates (CTH +A) Team will provide architectural, engineering and site design ser- vices for the following project: 1. Jenkins Auditorium Replacement at the northwest corner of Montrose Street and Lake Avenue. Envisioned to have a footprint of approximately 10,000 sq. ft. that will include meeting space, kitchen area, storage and office area. The City may consider a second story for future use. The project will include onsite parking and landscape design. A. TASK A — Space Needs Assessment 1. Initial Groundwork We will introduce our project team and prepare appropriate questionnaires for your staff. 1.1. Project kick off workshop 1.2. Preliminary Space needs 1.3. Prepare questionnaires, interviews of Chamber staff and user groups as requested. 1.4. Final Program Document and concept plan. 2. Project Goals We will meet with your planning committee to discuss key project goals such as the following: 2.1. Identify essential function requirements • Program functions • Forecast staff growth • Current and future space needs • Special functional and equipment requirements • Adjacency relationships 820 IRMA AVENUE, ORLANDO, FL 32803 USA • 407 423 -0098 FAX # 407 423 -4793 LICENSE # AA -C 001322 April 12, 2010 Jenkins Auditorium Replacement Fee Proposal page 2 of 3 B. TASK B — Final Design and Construction Administration Services Upon completion of Space Needs Assessment we will proceed with comprehensive design, permitting, and construction administration services as detailed below: Detailed Design 3.1 Schematic Design Submittal 3.2 Design Development Submittal 3.3 Bidding and Permitting 3.4 Discuss general programming strategy Construction Administration 3.5 Submittal and Shop Drawing Review 3.6 Periodic Site Observations and Progress Meetings 3.7 Monthly Pay Application Review 3.8 Substantial Completion Punch List II. COMPENSATION CTH +A Team proposes to provide the architectural and engineering services described herein for a lump sum fee, broken down and invoiced monthly as follows: Proposed Design Fee Basic for A &E for Building $146,000 (includes Arch, MEP, Struct) + Civil Fee $24,300 + Landscape Fee $12,500 Total Gross Fee $182,800 Space Needs Assessment Phase 5% $9140 Schematic Design Phase 10% $18,280 Design Development Phase 20% $36,560 Construction Document Phase 40% $73,120 Bidding Permitting Phase 5% $9140 Construction Administration Phase 20% $36,560 Reimbursable expenses will be invoiced and compensated according to the Reimbursable Expenses guidelines set forth in the City Policy and Procedures. C.T. HSIt lSO {`-,Ir HS P ..Al.. April 12, 2010 Jenkins Auditorium Replacement Fee Proposal page 3 of 3 III. EXCLUSIONS The following scope items are excluded from basic services and would be considered additional services: Survey services Geotechnical Services LEED IV. TIME SCHEDULE We expect to complete the scope of work for the entire project in approximately the following time period notice to proceed: Program Verification and Master Planning 2- 4 weeks Design 14 -16 weeks Construction 10 -12 months We are, as you know, extremely excited about this project and are eager to begin taking your community vision for the City a step closer to reality. If you need additional information, please do not hesitate to contact our office. We look forward to working with you on this important undertaking. Sincerely, C. T. HSU + ASSOCIATES, P.A. Timothy McNicholas, AIA, LEED AP Principal cc: File (PF /MF /CR) t - A O � O m co O O 0, N CX 00 co 03 O co V f� 6 N = T N o O o rn ro rn Q Q o 0 0 0 0 0 0 0 0 o O ri 00 o0 cl 1 13.) i 0) 1 N O.1 M U O O f9 CO CO as < 0 a) 0 . 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