2010-56 v - St
CONTINUING SERVICES AND AGREEMENT FOR PROFESSIONAL
SERVICES FOR WORK PLANS FOR PASSIVE RECREATION PARK
THIS AGREEMENT is entered into as of this 14L day of (> 1her 2010, 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 GATORSKTCH ARCHITECTS, INC., 732 West Montrose Street,
Clermont, Florida, hereinafter referred to as "CONSULTANT."
WTNESSETH
WHEREAS, the CITY is in need of qualified and licensed consulting services related to
development of detailed plans that evaluate the subject site for restoration and that recommend an
implementation plan that includes site preparation, seeding /planting (including plant lists) and
maintenance;
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WHEREAS, the CITY, in accordance with Section 287.055, Florida Statutes, solicited proposals for
professional services as more fully described and set forth in RFQ: 10 -011; and
WHEREAS, the CONSULTANT 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 TI- IEREFORE, 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 two (2) 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
(I) year, but such option to extend may only be utilized three (3) 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 CONSULTANT 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.
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2.2 The CITY shall make request of CONSULTANT to provide professional services on a
task basis. The CITY will communicate with CONSULTANT, verbally or in writing, a
general description of the task to be performed. The CONSULTANT will generate a
detailed Scope of Work document, prepare a Schedule, add a not -to- exceed- budget to
accomplish the task, and send the thus developed "Task Proposal" to the CITY. If a site
visit by CONSULTANT is needed to generate the scope document, CONSULTANT
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
CONSULTANT shall be as provided and contemplated by the CITY in that certain RFQ
# 10 -011 and CONSULTANT'S response thereto, which are expressly incorporated
herein and made a part hereof as if restated
CONSULTANT shall not be authorized to proceed until the CITY has issued a Notice to
Proceed to the CONSULTANT. Upon receipt of the signed Task Authorization and a
Notice to Proceed from the CITY, the CONSULTANT shall perform the services set
forth in the task authorization /work order.
2.3 CONSULTANT 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
CONSULTANT. If such changes increase (additional services) or decrease or eliminate
any amount of work, CITY and CONSULTANT will negotiate any change in total cost
or schedule of modifications. If the CITY and CONSULTANT approve any change, the
task authorization /work order will be modified to reflect the changes; and
CONSULTANT 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
CONSULTANT'S designated representatives.
3.2 All of CITY'S said 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 CONSULTANT shall perform services in conformance with the mutually agreed upon
schedule set forth in the negotiated task authorization. CONSULTANT shall complete
all of said 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.
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Should CONSULTANT 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 CONSULTANT 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 "Consultant'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 CONSULTANT.
5.1.2 The "Consultant's Reimbursable Expenses Schedule" as set forth in Exhibit "B ",
attached hereto and incorporated herein, as provided by the CONSULTANT, 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 CONSULTANT or
the CITY. CONSULTANT shall, within such time constraints as may be set forth
in the work order, submit to CITY the deliverables as identified in the work order;
and CONSULTANT shall, upon completion of all work, submit to the CITY all
infomtation developed in the course of the consulting services. CONSULTANT
shall, upon request by CITY and upon completion or termination of this
Agreement, deliver to CITY all material furnished to CONSULTANT, provided
the CITY identifies those materials in writing.
5.2 PAYMENT /COMPENSATION:
CITY agrees to pay or compensate the CONSULTANT 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.
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5.2.1 Not to exceed cost based upon the "Consultant's Professional Services Fee
Schedule."
5.2.2 Lump sum cost based upon the `Consultant's Professional Services Fee
Schedule."
5.3 SERVICES- ADDITIONAL: CITY shall pay CONSULTANT as follows:
5.3.1 Professional Associates, Consultants and /or Subcontractors: For services and
expenses of independent associates, consultants and /or subcontractors employed
by CONSULTANT, the amount invoiced to CONSULTANT 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, for on the same
basis as set forth in Paragraph 5.1 and 5.3.1
5.4 'Times of Payments: At monthly intervals, CONSULTANT shall submit statements for
services, additional services rendered and for reimbursable expenses incurred. The
statements will be based upon CONSULTANT'S actual manpower expended and actual
expenses incurred within the billing period.
5.4.1. As a condition precedent to receiving payment, CONSULTANT 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 CONSULTANT 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
CONSULTANT 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 CONSULTANT. In the event that CITY disputes any
invoice submitted, it shall advise CONSULTANT, 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
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Agreement and the CONSULTANT shall be liable to CITY for any and all
damages to CITY caused by the CONSULTANT'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 CONSULTANT 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 Consultant's Salary Costs and Expenses pertinent to
CONSULTANT'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 CONSULTANT'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 CONSUL'T'ANT.
6.2 No inspection, review, or observation shall relieve CONSULTANT 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. CONSULTANT'S Project Manager and all other appropriate
personnel shall attend such meetings as designated by CITY'S Project Manager, and
CONSULTANT shall be compensated at the billing rates set forth in Article 5.0
8.0 SAFETY
8.1 CONSULTANT 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.
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8.2 CONSULTANT shall have full responsibility and assume all liability for the safety and
supervision of its employees while performing services provided hereunder.
9.0 REASONABLE ACCESS
During the term of this Agreement, CITY shall grant CONSULTANT reasonable access
to the CITY'S premises for purposes of fulfilling its obligations under this Agreement.
10.0 INSURANCE AND HOLD HARMLESS/INDEMNIFICATION
CONSULTANT and /or any CITY approved subcontractors or sub consultants 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
CONSULTANT 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 CONSULTANT represents that the services provided hereunder shall conform to all
requirements of this Agreement, RFQ #10 -011 and CONSULTANT'S response thereto;
shall be consistent with recognized and sound professional 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT completes its
services under any task authorization entered into hereunder, and the CONSULTANT'S
services are non - complying, defective, or otherwise improperly performed and CITY ,
notifies CONSULTANT in writing that a defect, error, omission or noncompliance has
been discovered in CONSULTANT'S services. CONSULTANT 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 CONSULTANT fails to take action under a) above, at
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CONSULTANT'S sole expense, otherwise cure or have cured any such non - complying,
defective, or otherwise improperly performed services.
12.5 The only representations made by CONSULTANT 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
CONSULTANT 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, CONSULTANT 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, CONSULTANT 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, CONSULTANT
shall provide CITY or its designated Project Manager with a copy of all documents and
electronic files prepared by CONSULTANT 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, CONSULTANT
agrees to comply with the terms thereof with regard to any and all documents related to
the CITY.
15.0 ASSIGNMENT
15.1 CONSULTANT 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 CONSULTANT, CONSULTANT 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 CONSULTANT who shall take immediate steps to
remedy the situation.
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15.4 If any part of this Agreement is subcontracted by CONSULTANT. prior to
commencement of any work by the subcontractor, CONSULTANT shall require the
subcontractor to provide CITY and its affiliates with insurance coverage as set forth by
the CITY'S Human Resources Director /Risk Management.
16.0 INDEPENDENT CONSULTANT
At all times during the term of this Agreement, CONSULTANT shall be considered an
independent CONSULTANT.
17.0 DEFAULT
If during the term of this Agreement, CONSULTANT 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 CONSULTANT with at
least ten (10) days to cure such default. If CONSULTANT 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
CONSULTANT, terminate this Agreement if: a) without cause and for convenience upon thirty
(30) days written notice to CONSULTANT b) CONSULTANT is adjudged to be bankrupt; c)
CONSULTANT makes a general assignment for the benefit of its creditors; d) CONSULTANT
fails to comply with any of the conditions of provisions of this Agreement; or e) CONSULTANT
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
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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 CONSULTANT.
25.0 PROHIBITION AGAINST CONTINGENT FEES
CONSULTANT warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the CONSULTANT, to solicit or secure this
Agreement, and that 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 CONSULTANT, 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 CONSULTANT
with respect to the services specified and all previous representations relative thereto, either
written or oral, are hereby annulled and superseded.
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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
CONSULTANT: Michael Latham, AIBD — V.P. of Operations
GatorSktch Architects, Inc.
723 West Montrose Street
Clermont, F[, 34711
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
- 'BY Walla
Harold urville, Jr., Mayor
AFT J 1':
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Tracy Ack oyd, City Cler -
GATORSKTCI-I ARCHITECTS, INC.
'
BY: LI
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i �� . r - df Oe etc"?
Printed Name and Title
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EXHIBIT A
Consultant's Professional Services Fee Schedule
Hourly Rates for Services: (with prior approval of the Owner)
DESIGN TEAM
Principal Client Liaison $165.00
Project Manager Project Oversight $140.00
Project Architect Architectural Design $130.00
Engineer Project Detailing $130.00
Ecologist /Land Manager Site Management $130.00
Wetland Scientist / Project Ecologist $ 90.00
Wildlife Biologist $ 75.00
GIS Analyst Mapping $ 85.00
Specification Writer Writing Specifications $ 80.00
Cost Estimator Develop Cost Estimates $ 85.00
Construction Administrator Construction Observations $ 75.00
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CADD Operator Dratling $ 65.00
Admin Asst , Clerical $ 50.00
Land Management Crew in a Vehicle
Technical Field Specialist Field Manager
Field Labor 1I Skilled Equipment Operator
(2) Field Labor 1 Skilled Field Labor
Crew hourly rate 5135.00
Prescribed Burn Crew in a Vehicle
Burn Boss /Land Manager Certified Burn Boss /Site Management
Line Boss Certified Direct Safety
Senior Fire Crew Certified Field Burn Labor /
Equipment Operator
(2) Field Crew Field Burn Labor
Crew hourly rate 5350.00
Pile Burn Crew in a Vehicle
Line Boss Certified Direct Safety
Senior Fire Crew Certified Field Burn Labor /
Equipment Operator
(2) Field Crew Field Burn Labor
Crew hourly rate $225.00
Equipment (daily rates)
GPS Equipment Mapping $20.00
Skid Unit (150 gallon) Burn assignments $250.00
Skid Unit (50 gallon) Burn assignments $100.00
Prescribed Fire Safety Signs Burn assignments $ 50.00
Chain Saw Site Management $ 25.00
ATV Site Management $100.00
$ 90.00
UTV Site Management $150.00
484 Pickup Site Management $150.00
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723 W. Montrose Street • Clermont, FL 34711 • 352.242.0129 office • 352.394.4827 fax
www.gatorsktcharchitects.com
Registered Architects: AA- 26000515
EXHIBIT B
Reimbursable Expenses
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Item Ouantity Unit Cost
Travel per mile $0.51
8.5" x 11" B/W copies each $0.15
I I" x 17" B/W copies each $0.25
24" x 36" bond prints per sqft $0.50
24" x 36" mylar prints per sqft $1.50
24" x 36" color print per sqft $4.80
8.5" x 11" bond prints each $1.50
11" x 17" bond prints each $1.95
Dry mount on gator board per sqft $2.20
Binding w/ covers each $8.00
Out Side Copy Service At cost
FedEx, UPS, USPS or Courier At cost
Expenses incurred by the architect, his staff and consulting engineers in the interest of the
project are in addition to the fees for services, and are to be reimbursed to the architect.
Expenses which are considered reimbursable on this project include plotting and reproduction of
documents for permitting, bidding and construction, shipping of documents and submittals
during construction, and travel expenses when incurred in the interest of the project, and with
the Owner's approval.
QUALIFICATIONS
Fees quoted herein are presented with the following qualifications:
1. Sales tax on professional services, if imposed by Florida state authorities, shall be in
addition to the professional fees stated herein.
2. This proposal includes the services of project manager, ecologist, and biologist.
3. It is proposed that in exchange for the reduced professional fees proposed above, that
the Owner would agree to a limit of liability for the design team, not to exceed the
amount of our liability insurance.
723 W. Montrose Street • Clermont, FL 34711 • 352.242.0129 office • 352.354.4827 fax
www.ga'torsktcharchitects.com
Registered Architects: AA- 26000515
Exhibit "C"
SPECIFICATION SAFETY REQUIREMENTS
The following safety requirements are comprehensive in nature with some site
specificity; therefore, not all sections are applicable to every Agreement. Please apply
those safety requirements as site or situation dictate. NOTE: All architects and /or
engineers who assume responsibility for contract management will be responsible for
insuring compliance with these safety requirements by CONSULTANT and any
Subcontractors.
GENERAL
A. The CONSULTANT shall comply with Federal /State Occupational Safety
and Health Act (OSHA) Standards and any other rules and regulations
applicable to construction and /or maintenance activities in the State of
Florida. The CONSULTANT shall also comply with Chapter 442, Florida
Statutes (Toxic Substances in the Workplace), and any county, or city, or
any other agency's rules and regulations regarding safety.
B. The CITY'S safety personnel or any supervisor may. but is not required
to, order that the work be stopped if a condition of immediate danger is
found to exist. Nothing contained herein shall be construed to shift
responsibility or risk of loss for injuries or damage sustained as a result of
a violations of this Article from the CONSULTANT to the CITY; and the
CONSULTANT shall remain solely and exclusively responsible for
compliance with all safety requirements and for the safety of all persons
and property at the project site.
C. The parties hereto expressly agree that the obligation to comply with
applicable safety provisions is a material provision of this Agreement and
a duty of the CONSULTANT. The CITY reserves the right to require
demonstration of compliance with the safety provisions of this Agreement.
The parties agree that such failure is deemed to he a material breach of this
Agreement; and the CONSULTANT agrees upon such breach, all work
pursuant to the Agreement shall terminate until demonstration to the CITY
that the safety provisions of this Agreement have been complied with. In
no event shall action or failure to act on the part of the CITY be construed
as a duty to enforce the safety provisions of this Agreement, nor shall it be
construed to create liability for the CITY for any act or failure to act in
respect to the safety provisions of this Agreement.
II. SAFETY EQUIPMENT
All CITY safety regulations will be strictly adhered to and enforced by the CITY, which
may include work stoppage or removal of CONSULTANT and /or personnel. These
safety regulations include, but are not limited to:
A. Sport or athletic -type style shoes are NOT considered a suitable work
shoe and are not acceptable as work shoes at this location.
B. Work conducted in an elevated position will require that:
1. Any person on CITY property working on or in an elevated
location (four feet above ground level) and unprotected by
handrails or guardrails must wear a safety belt or safety harness
and be tied off with a lanyard to a fixed object or support that will
restrict that person's fall to a "minimum distance."
2. Any person working from an electrical -line bucket truck will have
in use the appropriate fall protection device.
3. Any person on a pole or tree will have in use the appropriate gaffs,
belts, and /or harness.
4. Compliance with 29CFR 1910269 is required.
C. Any person on CITY property, in an area where tools are being used that
cause or may cause flying particles or an area where there is a potential
of excessive dust or airborne particles, must wear, in addition to and
over the industrial safety glasses, either soft -sided goggles or a full face
shield /protector, and the appropriate respiratory protection equipment.
D. Where vehicular and /or pedestrian traffic is affected:
1. Maintenance of Traffic
The CONSULTANT shall conduct his work so as to interfere as
little as possible with public travel, whether vehicular or
pedestrian. Whenever it is necessary to cross, obstruct, or close
roads, driveways, and walks, whether public or private, the
CONSULTANT shall, at his own expense, provide and maintain
suitable and safe detours or other temporary expedients for the
accommodation of public and private travel, and shall give
reasonable notice to owners of private drives before interfering
with them. Such maintenance of traffic will not be required when
the CONSULTANT has obtained permission from the owner and
tenant of private property, or from the authority having jurisdiction
over public property involved, to obstruct traffic at the designated
point.
2. Barricades and Lights
All streets, roads, highways, and other public thoroughfares, which
are closed to traffic, shall be protected by effective barricades on
which shall be placed acceptable warning signs. Barricades shall
be located at the nearest intersecting public highway or street on
each side of the blocked section and all other positions required by
applicable standards.
All barricades and obstructions shall be illuminated by means of
warning lights from sunset to sunrise. Materials stored upon or
alongside public streets and highways shall be so placed, and the
work at all times shall be so conducted, as to cause the minimum
obstruction and inconvenience to the traveling public.
All barricades, signs, lights, and other protective devices shall be
installed and maintained in conformity with applicable statutory
requirements and, where within railroad and highway rights -of-
way, as required by the authority having jurisdiction thereover.
All CONSULTANT owned or controlled vehicles and /or
equipment, which will be operated on or within ten (10) feet of the
roadway will be equipped with a minimum of one amber 360
degree Class 1 warning device. This device must meet minimum
standards for utility construction purposes such as a minimum of
500,000 candlepower and visible from 360 degrees of mounting.
The warning device(s) must be in operation at all times that a
vehicle /equipment is on the roadway or within the ten (10) feet of
runoff area and not in a "normal' travel status.
3. Damage to Existing Property
The CONSULTANT will be held responsible for any damage to
existing structures, work, materials, or equipment because of his
operations and shall repair or replace any damaged structures,
work, materials, or equipment to the satisfaction of, and at no
additional cost to, the CITY, unless otherwise addressed in the
Agreement.
III. TOXIC SUBSTANCES
The CONSULTANT shall be responsible for compliance with Chapter 442,
Florida Statutes, "Toxic Substances in the Workplace" (Right -To- Know -Law) for
its employees and the employees of any and all subcontractors the
CONSULTANT brings on or causes to be on the project site.
The CONSULTANT shall, between receiving the Agreement and coming on the
project site to begin work, provide the CITY'S field representative with affidavits
stating that ALL personnel the CONSULTANT brings on, or causes to be on the
project site, have been given training on any toxic substances said personnel will
be working with or may be exposed to while working at the job site.
The CONSULTANT shall provide /give to the CITY'S field representative a copy
of manufacturer's MSDS for ANY and ALL "Toxic Chemicals" used by or
brought on the project site by the CONSULTANT or subcontractor prior to the
substance(s) being delivered to the CITY'S property.
The CONSULTANT and /or subcontractor must be provided MSDS(s) which
is /are in the possession of the CITY upon receipt of a written request. The CITY
may establish reasonable procedures for acting upon such requests to avoid
interruption of normal work operations.
Before any work shall begin, the CONSULTANT shall arrange a meeting to
advise CITY'S field representative about safety and any dangers CITY employees
will be subjected to, due to the presence of chemicals on the project site.
IV. TRENCHING AND EXCAVATION
Trenching and excavation operations shall comply with the OSHA 29CFR 1926
Subpart P final rule.
A. Where CONSULTANT work may interfere with other utilities, the CITY
shall be notified prior to encroachment unless otherwise addressed in the
Agreement.
B. The CITY has identified certain areas within its operations, which are
regulated by OSHA 29CFR 1910 Subpart Z. If the CONSULTANT'S
work involves these affected areas, the CITY requires prior to
commencement of CONSULTANT work that applicable and acceptable
written compliance programs and documented certification /qualifications
be provided to the CITY, management, and safety personnel.
V. CONSULTANT OPERATIONS SHALL COMPLY WITH OSHA 29CFR
1910.269. Further CONSULTANT operations shall comply with 29CFR
1910.252 and NFPA 51B for cutting and welding procedures.
VI. CONSULTANT SHALL, WITHIN THIRTY (30) CALENDAR DAYS of
notification of award of Contract, and prior to commencement of work, provide to
the CITY, the CONSULTANT'S written safety compliance program(s).
VII. CURRENT INDEPENDENT CERTIFICATION for any CONSULTANT -
provided bucket truck to be for the provision of services of this Agreement shall
be provided to the CITY prior to use of said bucket truck.
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 CONSULTANT, or any
CITY approved subcontractor or sub consultant, may elect to purchase insurance, which
provides a deductible or (SIR) self insure retention, the CONSULTANT or CITY
approved subcontractor or sub consultant 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 CITY as an additional insured
against all claims arising from bodily injury, sickness, disease, or death of any person
other than the CONSULTANT'S employees or damage to property of the CITY or others
arising out of any act or omission of the CONSULTANT 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
CONSULTANT 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
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 CONSULTANT 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
CONSULTANT 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 CONSULTANT. 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 CONSULTANT
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: CONSULTANT and /or CITY approved
subcontractor or sub consultant 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. In the event that CONSULTANT shall fail to
secure and maintain such coverage, CONSULTANT 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 CONSULTANT and /or CFI'Y
approved subcontractor or sub consultant shall defend, 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 CONSULTANT, 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 CONSULTANT, any subcontractor, 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, 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 CONSULTANT 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 CONSULTANT, or any subcontractors.
APPLICABILITY: It is the express intent of the CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT submits its request for final
or last payment.
COMPANIES ISSUING POLICIES:Each 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: ..t'
DATE:
TASK AUTHORIZATION NUMBER /et FOR
CONTINUING SERVICES AGREEMENT
BETWEEN THE CITY OF CLERMONT and
GATORSKTCI-I ARCHITECTS, INC.
This "Task Authorization is by and between GATORSKTCFI ARCHITECTS, INC. hereinafter referred to as
"CONSULTANTS" and the CITY OF CLERMONT, hereinafter referred to as "CITY" and is to that
certain agreement between the parties dated , and any amendments thereto,
hereinafter collectively referred to as "the Agreement ". The 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 contlict, the
terms and conditions of this Task Authorization shall prevail.
2. In addition to all other terms and conditions contained in the Agreement,
CONSULTANT 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 CONSULTANT the amount set forth in Task Authorization Exhibit "13"
attached hereto and incorporated herein.
IN WITNESS WHEREOF, the parties hereto have made and executed his Agreement for the purposes
herein expressed on the dates set forth below.
CITY 0 _ ERMONT Attes
.�
Harold T ville Jr., Mayor "racy Ackr. d, ity Clerk
Date: g �j t Z1'V d 1 �
GATORSKTCH ARCHITECTS, INC. Attest _
BY: v,17. =`
Il Lc+t4Sr+ jf uF Vitale; Corporate Secretary/Officer
Printed Name and Title I ✓
•
"„
GatorSktch
architects, incorporated
October 12, 2010
Barbara Hollerand
Principal Planner
City of Clermont
685 West Montrose Street, Clermont, FL 34711
(352) 394-4083 x307
PROPOSAL FOR PROFESSIONAL SERVICES
PROJECT SCOPE AND DESCRIPTION FOR TASK 1a:
GatorSktch Architects, Inc. has been requested by Barbara Hollerand to propose furnishing
professional services to provide the following items:
o To conduct a field evaluation and mapping of finding for data collection.
o Work Plan draft creation
o Work Plan document production and deliverable for the City
ARCHITECTURAL, ENGINEERING, and Scientist SERVICES
Proiect Management, Document production
GatorSktch Architects, Incorporated
723 West Montrose Street
Clermont, Florida 34711
Michael Latham, A.I.B.D., V.P. of Operations, mblathamOoatorsktch.com
Telephone 352 - 242 -0129
FAX 352 - 394 -4827
Website www.gatorsktch.com
723 W. Montrose Street • Clermont, FL 34711 • 352.242.0129 office • 352.397.1827 fax
www.gatorsktcharchitects.com
Registered Architects: AA- 26000515
Page 2
Site data collection, mapping and document draft
Michael Green, Senior Ecologist
Mitigation Resources, LLC
713 West Montrose Street
Clermont, FL 3471 I
352.404.9099, office
352.404.9095, fax
PROJECT ADMINISTRATION SERVICES:
The Architect will manage all professional services and administer the Project,
including research of applicable design criteria, administration of Owner's
requirements, coordination of project schedule, and coordinate the services of the
Architect's consultants with those services provided by the Owner and Owner's
consultants. Integral with project administration is:
SCHEDULE OF SERVICES
Architectural and Engineering Services:
Inland Groves Work Plan —Task Order la break down
Phase l & 1l
Sub -
Activity Personnel Rate Hours total
Upland - Wetland Evaluations
field evals ecologist 130 12 1,560
field evals wetland scientist 90 12 1,080
Map Figures (figs /no. figs) G15 Analyst 85 3 255
consult w/ staff /team ecologist 130 1 130
Report Draft .
Draft Work Plan ecologist 130 20 2,600
Admin for all tasks adman asst 50 2 100
edits wetland scientist 90 2 180
Project Management 140 3 420
Total Hours 55
Total $6,325
BASIS OF COMPENSATION
CI
Page 3
Architectural and Engineering Basic Services:
Professional fees are proposed as a stipulated sum of Six Thousand Three
Hundred Twenty Five Dollars based on the scope of the project defined in
this proposal.
A. Professional Services:
1. Task order #1a $ 6,325.00
Total — Professional Services $ 6,325.00
Schedule for Services:
1. Field observations & drafting and production of the Work Plan
document: 4 -6 wks
Project Time (Estimated) 6 weeks
Above schedule of services does not include or allow for approval
times the Owner or local authorities having jurisdiction over the
project.
Hourly Rates for Additional Services: (with prior approval of the Owner)
DESIGN TEAM
Principal Client Liaison $165.00
Project Manager Project Oversight $140.00
Project Architect Architectural Design $130.00
Engineer Project Detailing $130.00
Ecologist /Land Manager Site Management $130.00
Wetland Scientist/ Project Ecologist $ 90.00
Wildlife Biologist $_ 75.00
GIS Analyst Mapping $_85.00
Specification Writer Writing Specifications $ _80.00
Cost Estimator Develop Cost Estimates $ _85.00
Construction Administrator Construction Observations $ 75.00
CA DD Operator Drafting $ _65.00
Admin Asst Clerical $ 50.00
1
Page 4
Land Management Crew in a Vehicle
Technical Field Specialist Field Manager
Field Labor 11 Skilled Equipment Operator
(2) Field Labor I Skilled Field Labor
Crew hourly rate $135.00
Prescribed Burn Crew in a Vehicle
Burn Boss /Land Manager Certified Burn Boss /Site Management
Line Boss Certified Direct Safety
Senior Fire Crew Certified Field Burn Labor /
Equipment Operator
(2) Field Crew Field Burn Labor
Crew hourly rate $350.00
Pile Burn Crew in a Vehicle
Line Boss Certified Direct Safety
Senior Fire Crew Certified Field Burn Labor /
Equipment Operator
(2) Field Crew Field Burn Labor
Crew hourly rate $225.00
Equipment (daily rates)
GPS Equipment Mapping $20.00
Skid Unit (150 gallon) Burn assignments $250.00
Skid Unit (50 gallon) Burn assignments $100.00
Prescribed Fire Safety Signs Burn assignments $ 50.00
Chain Saw Site Management $ 25.00
ATV Site Management $100.00
UTV Site Management $ 150.00
4x4 Pickup Site Management $ 150.00
Services Related Direct Expenses
lteni Quantity Unit Cost
Travel per mile $0.51
8.5" x 11" B/W copies each $0.15
I I" x 17" B/W copies each $0.25
24" x 36" bond prints per sqft $0.50
24" x 36" mylar prints per sqft $1.50
24" x 36" color print per sqft $4.80
8.5" x 11" bond prints each $1.50
1 l" x 17" bond prints each $ 1.95
Dry mount on gator board per sqft $2.20
Binding w/ covers each $8.00
Out Side Copy Service At cost
FedEx, UPS, USPS or Courier At cost
Page 5
REIMBURSABLE EXPENSES
Expenses incurred by the architect, his staff and consulting engineers in the interest
of the project are in addition to the fees for services, and are to be reimbursed to the
architect. Expenses which are considered reimbursable on this project include
plotting and reproduction of documents for permitting, bidding and construction,
shipping of documents and submittals during construction, and travel expenses when
incurred in the interest of the project, and with the Owner's approval.
QUALIFICATIONS
Fees quoted herein are presented with the following qualifications:
1. Sales tax on professional services, if imposed by Florida state authorities,
shall be in addition to the professional fees stated herein.
2. This proposal includes the services of project manager, ecologist, and
biologist.
3. It is proposed that in exchange for the reduced professional fees proposed
above, that the Owner would agree to a limit of liability for the design team,
not to exceed the amount of our liability insurance.
Sincerely,
GATORSKTCH ARCHITECTS, INC.
Michael Latham, A.I.B.D., Principal
Vice President
Please visit us at www.GatorSktch.com
www.GSAmedicaldesign.com