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883-Glatting,Jackson,Kercher... PROFESSIONAL PLANNING, LANDSCAPE ARCHITECTURAL, ARCHITECTURAL AND ' EN INEEP, O SERVICES (RFQ 00/01 - 08) THIS AGREEMENT is made and entered into thisc~(fl~gay o 001, by and between Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., duly authorized to conduct business in the State of Florida, whose address is 33 East Pine Street Orlando, Florida 32801c~ hereinafter called the "CONSULTANT" and THE CITY of SANFORD, a municipal corporation of the Sta~~9 of Florida, whose physical address is City Hall, 300 N. Park Avenue, Sanford, Florida 32771, hereinafter called the "CITY." WITNESSETH: WHEREAS, the CITY desires to retain the services of a competent and qualified consultant to provide Professional Services in Sanford; and WHEREAS, the CITY has requested and received expressions of interest for the retention of services of consultants; and WHEREAS, the CONSULTANT is competent and qualified to furnish Professional Services to the CITY and desires to provide professional services according to the terms and conditions stated herein, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, the CITY and the CONSULTANT agree as follows: SECTION 1. SERVICES. The CITY does hereby retain the CONSULTANT to furnish professional services and perform those tasks as further described in the Scope of Services attached hereto as Exhibit "A" and made a part hereof. Required services shall be specifically enumerated, described and depicted in the Work Orders authorizing performance of the specific project, task, or study. This Agreement standing alone does not authorize the performance of any work or require the CITY to place any orders for work. SECTION 2. TERM. This Agreement shall take effect on the date of its execution by the CITY and shall run for a period of one ( 1 ) year and, at the sole option of CITY, may be renewed annually thereafter for a period of up to three (3) years total. Expiration of the term of this Agreement shall have no effect upon Work Orders issued pursuant to this Agreement and prior to the expiration date. Obligations entered therein by both parties shall remain Riverwalk Scope (Wgrk Order -.01) City of Sandford (4-17-01) in effect until completion of the work authorized by the Work Order. SECTION 3. AUTHORIZATION FOR SERVICES. Authorization for performance of professional services by the CONSULTANT under this Agreement shall be in the form of written Work Orders issued and executed by the CITY and signed by the CONSULTANT. A sample Work Order is attached hereto as Exhibit "B." Each Work Order shall describe the services required, state the dates for commencement and completion of work and establish the amount and method of payment. The Work Orders will be issued under and shall incorporate the terms of this Agreement. The CITY makes no covenant or promise as to the number of available projects nor that, the CONSULTANT will perform any project for the CITY during the life of this Agreement. The CITY reserves the right to contract with other parties for the services contemplated by this Agreement when it is determined by the CITY to be in the best interest of the CITY to do so. SECTION 4. TIME FOR COMPLETION. The services to be rendered by the CONSULTANT shall be commenced, as specified in such Work Orders as may be issued hereunder, and shall be completed within the time specified therein. In the event the CITY determines that significant benefits would accrue from expediting an otherwise established time schedule for completion of services under a given Work Order, that Work Order may include a negotiated schedule of incentives based on time savings. SECTION 5. COMPENSATION. The CITY agrees to compensate the CONSULTANT for the professional services called for under this Agreement on either a "Fixed Fee" basis or on a "Time Basis Method." Ifa Work Order is issued under a "Time Basis Method," then CONSULTANT shall be compensated in accordance with the rate schedule attached as Exhibit "C." If a Work Order is issued for a "Fixed Fee Basis," then the applicable Work Order shall provide for no reimbursable expenses. SECTION 6. REIMBURSABLE EXPENSES. If a Work Order is issued on a "Time Basis Method," then reimbursable expenses are in addition to the hourly rates. Reimbursable expenses are subject to the applicable "Not-to-Exceed" or "Limitation of Funds" amount set forth in the Work Order. Reimbursable expenses may include actual expenditures made by the CONSULTANT, his employees or his professional associates in the interest of the 2 Riverwalk Scope (Work Or~ler -,01) City of Sandford (4-17-01) Project for the expenses listed in the following paragraphs: (a) Expenses of transportation, when traveling in connection with the Project, based on Sections112. 061 (7) and (8), Florida Statutes, or their successor; long distance calls and telegrams; and fees paid for securing approval of authorities having jurisdiction over the Project. (b) Expense of reproductions, postage and handling of drawings and specifications. (c) If authorized in writing in advance by the CITY, the cost of other expenditures made by the CONSULTANT in the interest of the Project. SECTION 7. PAYMENT AND BILLING. (a) If the Scope of Services required to be performed by a Work Order is clearly defined, the Work Order shall be issued on a "Fixed Fee" basis. The CONSULTANT shall perform all work required by the Work Order but, in no event, shall the CONSULTANT be paid more than the negotiated Fixed Fee amount stated therein. (b) If the Scope of Services is not clearly defined, the Work Order may be issued on a "Time Basis Method" and contain a Not-to Exceed amount. If a Not-to-Exceed amount is provided, the CONSULTANT shall perform all work required by the Work Order; but, in no event, shall the CONSULTANT be paid more than the Not-to-Exceed amount specified in the applicable Work Order. (c) If the Scope of Services is not clearly defined, the Work Order may be issued on a "Time Basis Method" and contain a Limitation of Funds amount. The CONSULTANT is not authorized to exceed that amount without the prior written approval of the CITY. Said approval, if given by the CITY, shall indicate a new Limitation of Funds amount. The CONSULTANT shall advise the CITY whenever the CONSULTANT has incurred expenses on any Work Order that equals or exceeds eighty percent (80%) of the Limitation of Funds amount. Riverwalk Scope (Work Order -.01 ) City of Sandford (4-17-01) (d) For Work Orders issued on a "Fixed Fee Basis," the CONSULTANT may invoice the amount due based on the percentage of total Work Order services actually performed and completed; but, in no event, shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. The CITY shall pay the CONSULTANT ninety percent (90%) of the approved amount on Work Orders issued on a "Fixed Fee Basis." (e) For Work Orders issued on a "Time Basis Method" with a Not-to-Exceed amount, the CONSULTANT may invoice the amount due for actual work hours performed but, in no event, shall the invoice amount exceed a percentage of the Not-to-Exceed amount equal to a percentage of the total services actually completed. The CITY shall pay the CONSULTANT ninety percent (90%) of the approved amount on Work Orders issued on a "Time Basis Method" with a Not-to-Exceed amount. (f) Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a Not-to-Exceed amount shall be treated separately for retainage purposes. If the CITY determines that work is substantially complete and the amount retained is Considered to be in excess, the CITY may, at its sole and absolute discretion, release the retainage or any portion thereof. (g) For Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount, the CONSULTANT may invoice the amount due for services actually performed and completed. The CITY shall pay the CONSULTANT one hundred percent (100%) of the approved amount on Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount. (h) Payments shall be made by the CITY to the CONSULTANT when requested as work progresses for services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. CONSULTANT shall render to CITY, at the close of each calendar month, an itemized invoice properly dated, describing any services rendered, the cost of the services, the name and address of the CONSULTANT, Work Order Number, Contract Number, Purchase Order Number and all other information required by this Agreement. The original invoice shall be sent to: Riverwalk Scope (Work Order ,01) City of Sandford The City of Sanford Attn.: Accounts Payable Post Office Box 1788 Sanford, Florida 32772-1788 (i) Payment shall be made after review and approval by CITY within thirty (30) days of receipt of a proper invoice from the CONSULTANT. SECTION 8. GENERAL TERMS OF PAYMENT AND BILLING. (a) Upon satisfactory completion of work required hereunder and, upon acceptance of the work by the CITY, the CONSULTANT may invoice the CITY for the full amount of compensation provided for under the terms of this Agreement including any retainage and less any amount already paid by the CITY. The CITY shall pay the CONSULTANT within thirty (30) days of receipt of proper invoice. (b) The CITY may perform or have performed an audit of the records of the CONSULTANT after final payment to support final payment hereunder. This audit would be performed at a time mutually agreeable to the CONSULTANT and the CITY subsequent to the close of the final fiscal period in which the last work is performed. Total compensation to the CONSULTANT may be determined subsequent to an audit as provided for in subsections (b) and (c) of this Section, and the total compensation so determined shall be used to calculate final payment to the CONSULTANT. Conduct of this audit shall not delay final payment as provided by subsection (a) of this Section. (c) In addition to the above, if federal funds are used for any work under the Agreement, the Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records, of the CONSULTANT which are directly pertinent to work performed under this Agreement for purposes of making audit, examination, excerpts and transcriptions. 5 Riverwalk Scope (Work Order -.01) City of Sandford (4-17-01) (d) The CONSULTANT agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at the CONSULTANT'S office at all reasonable times during the Agreement period and for five (5) years from the date of final payment under the contract for audit or inspection as provided for in subsections (b) and (c) of this Section. (e) In the event any audit or inspection conducted after final payment, but within the period provided in paragraph (d) of this Section reveals any overpayment by the CITY under the terms of the Agreement, the CONSULTANT shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY. SECTION 9. RESPONSIBILITIES OF THE CONSULTANT. (a) The CONSULTANT shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in his plans, analysis, dam, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. (b) Neither the CITY'S review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement nor of any cause of action arising out of the performance of this Agreement and the CONSULTANT shall be and always remain liable to the CITY in accordance with applicable law for any and all damages to the CITY caused by the CONSULTANT'S negligent or wrongful performance of any of the services furnished under this Agreement. SECTION 10. OWNERSHIP OF DOCUMENTS. All deliverable analysis, reference data, Riverwalk Scope (Work Order -.01) City of Sandford (4-17-01) survey data, plans and reports or any other form of written instrument or document that may result from the CONSULTANT'S services or have been created during the course of the CONSULTANT'S performance under this Agreement shall become the property of the CITY after final payment is made to the CONSULTANT. SECTION 11. TERMINATION. (a) The CITY may, by written notice to the CONSULTANT terminate this Agreement or any Work Order issued hereunder, in whole or in part, at any time, either forthe CITY'S convenience or because of the failure of the CONSULTANT to fulfill its Agreement obligations. Upon receipt of such notice, the CONSULTANT shall have the following obligations: (1) Immediately discontinue all services affected unless the notice directs otherwise. The CITY shall identify the specific work orders being terminated and the specific work orders to be continued to completion pursuant to the provisions of this Contract. This Contract will remain in full force and effect as to ill authorized work orders which are to be continued to completion despite termination of the Contract. (2) Deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and any and all such other information and materials of whatever type or nature as may have been accumulated by the CONSULTANT in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of the CITY, the CONSULTANT shall be paid compensation for services performed to the date of termination. If this Agreement calls for the payment based on a Fixed Fee amount, the CONSULTANT shall be paid no more than a percentage of the Fixed Fee mount equivalent to the pementage of the completion of work, as determined solely and conclusively by the CITY, contemplated by this Agreement. (c) If the termination is due to the failure of the CONSULTANT to fulfill its Agreement obligations, the CITY may take over the work and prosecute the same to completion by other Agreements or otherwise. In such Riverwalk Scope (Work Order -.01 ) City of Sandford (4-17-01) case, the CONSULTANT shall be liable to the CITY for all reasonable additional costs occasioned to the CITY thereby. The CONSULTANT shall not be liable for such additional costs if. the failure to perform the Agreement arises without any fault or negligence of the CONSULTANT; provided, however, that the CONSULTANT shall be responsible and liable for the actions of its subcontractors, agents, employees and persons and entities of a similar type or nature. Such causes may include acts of God or of the public enemy, acts of the CITY in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but, in every case, the failure to perform must be beyond the control and without any fault or negligence of the CONSULTANT. (d) If, after notice of termination for failure to fulfill its Agreement obligations, it is determined that the CONSULTANT had not so failed, the termination shall be conclusively deemed to have been effected for the convenience of the CITY. In such event, adjustment in the Agreement price shall be made as provided in subsection (b) of this Section. (e) The rights and remedies of the CITY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. SECTION 12. AGREEMENT AND WORK ORDER IN CONFLICT. Whenever the terms of this Agreement conflict with any Work Order issued pursuant to it, the Agreement shall prevail. SECTION 13. EQUAL OPPORTUNITY EMPLOYMENT. The CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin and will take steps to ensure that applicants are employed, and employees are treated during employment, without regard to race, color, religion, sex, age, disability, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. SECTION 14. NO CONTINGENT FEES. The CONSULTANT warrants that it has not employed or Riverwalk Scope (Work Order -.01) City of Sandford (4-17-01) 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, pementage, gift, or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement at its sole discretion, without liability and to deduct from the Agreement price, or otherwise recover, the full mount of such fee, commission, percentage, gift, or consideration. SECTION 15. CONFLICT OF INTEREST. (a) The CONSULTANT agrees that it will not contract for or accept employment for the performance of any work or service with any individual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the CITY. (b) The CONSULTANT agrees that it will neither take any action nor engage in any conduct that would cause any CITY employee to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. (c) In the event that CONSULTANT causes or in any way promotes or encourages a CITY officer, employee, or agent to violate Chapter 112, Florida Statutes, the CITY shall have the right to terminate this Agreement. SECTION 16. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the other party and in such cases only by a document of equal dignity herewith. SECTION 17. SUBCONTRACTORS. In the event that the CONSULTANT, during the course of the work under 'this Agreement, requires the services of any subcontractors or other professional associates in connection with services covered by this Agreement, the CONSULTANT must first secure the prior express written Riverwalk Scope (Work Order -.01) City of Sandford (4-17-01) approval of the CITY. If subcontractors or other professional associates are required in connection with the services covered by this Agreement, CONSULTANT shall remain fully responsible for the services of subcontractors or other professional associates. SECTION 18. INDEMNIFICATION OF CITY. The CONSULTANT agrees to hold harmless, indemnify, and defend the CITY, its commissioners, officers, employees, and agents against any and all claims, losses, damages or lawsuits for damages, including but not limited to attorney's fees and other legal costs, arising from, allegedly arising from or related to the provision of services hereunder by the CONSULTANT. In accordance with Florida Statutes §725.06, adequate consideration has been provided to the CONSULTANT for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in §768.28, Florida Statutes. SECTION 19. INSURANCE. (a) GENERAL. The CONSULTANT shall at the CONSULTANT'S own cost, procure the insurance required under this Section. (1) The CONSULTANT shall fumish the CITY with a Certificate of Insurance signed by an authorized representative of the insurer evidencing the insurance required by this Section (Professional Liability, Workers' Compensation/Employer's Liability and Commercial General Liability). The CITY, its officials, officers, and employees shall be additional named insured under the Commercial General Liability policy. The Certificate of Insurance shall provide that the CITY shall be given not less than thirty (30) days written notice prior to the cancellation or restriction of coverage. Until such time as the insurance is no longer required to be maintained by the CONSULTANT, the CONSULTANT shall provide the CITY with a renewal or replacement Certificate of Insurance not less than thirty (30) days before expiration or replacement of the insurance for which a previous certificate has been provided. (2) The Certificate shall contain a statement that it is being provided in accordance with the Agreement and that the insurance is in full compliance w!th the requirements of the Agreement. In lieu of the Riverwalk Scope (Work Order -.01) City of Sandford (4-17-01) statement on the Certificate, the CONSULTANT shall, at the option of the CITY submit a sworn, notarized statement from an authorized representative of the insurer that the Certificate is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. (3) In addition to providing the Certificate of Insurance, if required by the CITY, the CONSULTANT shall, within thirty (30) days after receipt of the request, provide the CITY with a certified copy of each of the policies of insurance providing the coverage required by this Section. (4) Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONSULTANT shall relieve the CONSULTANT of the CONSULTANTS full responsibility for performance of any obligation including CONSULTANT indemnification of CITY under this Agreement. (b) iNSURANCE COMPANY REQUIREMENTS. Insurance companies providing the insurance under this Agreement must meet the following requirements: (1) Companies issuing policies other than Workers' Compensation, must be authorized to conduct business in the State of FlOrida and prove same by maintaining Certificates of Authority issued to the companies by the Department of Insurance of the State of Florida. Policies for Workers' Compensation may be issued by companies authorized as a group self-insurer by Section 440.57, Florida Statutes. (2) In addition, such companies other than those authorized by Section 440.57, Florida Statutes, shall have and maintain a Best's Rating of "A" or better and a Financial Size Category of "VII!' or better according to A.M. Best Company. (3) If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: 1) lose its Certificate of Authority, 2) no longer comply with Section 440.57, Florida Statutes, or 3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONSULTANT shall, as soon as the CONSULTANT has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONSULTANT has Riverwalk Scope (Work Order -.01) City of Sandford (4-17-01) replaced the unacceptable insurer with an insurer acceptable to the CITY the CONSULTANT shall be deemed to be in default of this Agreement. (c) SPECIFICATIONS. Without limiting any of the other obligations or liability of the CONSULTANT, the CONSULTANT shall, at the CONSULTANT'S sole expense, procure, maintain and keep in fome amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in the Agreement, the insurance shall become effective prior to the commencement of work by the CONSULTANT and shall be maintained in force until the Agreement completion date. The amounts and types of insurance shall conform to the following minimum requirements. (1) Workers' Compensation/Employer's Liability. (A) The CONSULTANT'S insurance shall cover the CONSULTANT and its subcontractors of every tier for those sources of liability which would be covered by the latest edition of the standard Workers' Compensation Policy, as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employers' Liability Act and any other applicable federal or state law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation Policy, there shall be no maximum limit on the anmunt of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation Policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation Policy shall be: $ 100,000.00 (Each. Accident) $ 500,000.00 (Disease-Policy Limit) $ 100,000.00 (Disease-Each Employee) Riverwalk Scope (Work Order -.01) City of Sandford (4-17-01) (2) Commercial General Liability. (A) The CONSULTANTS insurance shall cover the CONSULTANT for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01 ), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. (B) The minimum limits to be maintained by the CONSULTANT (inclusive of any amounts provided by an Umbrella or Excess policy) shall be those that would be provided with the attachment of the Amendment of Limits of Insurance (Designated Project or Premises) endorsement (ISO Form CG 25 01) to a Commercial General Liability Policy with amount of specified for each project: LIMITS General Aggregate $Three (3) Times the Each Occurrence Limit Personal &Advertising $300,000.00 Injury Limit Each Occurrence Limit $300,000.00 (3) Professional Liability Insurance. The CONSULTANT shall carry limits of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (d) COVERAGE. The insurance provided by CONSULTANT pursuant to this Agreement shall apply on a primary basis and any other insurance or self-insurance maintained by the CITY or the CITY'S officials, officers, or employees shall be excess of and not contributing with the insurance provided by or on behalf of the CONSULTANT. (e) OCCURRENCE BASIS. The Workers' Compensation Policy and the Commercial General Liability required by this Agreement shall be provided on an occurrence rather than a claims-made basis. The Professional Liability insurance policy must either be on an occurrence basis, or, if a claims-made basis, the coverage must Riverwalk Scope (Work Order -.01) City of Sandford (4-17-01) respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. (f) OBLIGATIONS. Compliance with the foregoing insurance requirements shall not relieve the CONSULTANT, its employees or agents of liability from any obligation under a Section or any other portions of this Agreement. SECTION 20. DISPUTE RESOLUTION. The parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. SECTION 21. REPRESENTATIVES OF THE CITY AND THE CONSULTANT. (a) It is recognized that questions in the day-to-day conduct of performance pursuant to this Agreement will arise. The CITY, upon request by the CONSULTANT, shall designate in writing and shall advise the CONSULTANT in writing of one (1) or more of its employees to whom all communications pertaining to the day-to-day conduct of this Agreement shall be addressed. The designated representative shall have the authority to transmit instructions, receive information and interpret and define the CITY'S policy and decisions pertinent to the work covered by this Agreement. (b) The CONSULTANT shall, at all times during the normal work week, designate or appoint one or more representatives of the CONSULTANT who are authorized to act in behalf of and bind the CONSULTANT regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep the CITY continually and effectively advised of such designation. SECTION 22. ALL PRIOR AGREEMENTS SUPERSEDED. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are not commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed Riverwalk Scope (Work Order -.01) City of Sandford (4-1701) that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or v~itten. SECTION 23. MODIFICATIONS, AMENDMENTS OR ALTERATIONS. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. SECTION 24. INDEPENDENT CONTRACTOR. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting the CONSULTANT (including its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONSULTANT is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. SECTION 25. EMPLOYEE STATUS. Persons employed by the CONSULTANT in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY'S officers and employees either by operation of law or by the CITY. SECTION 26. SERVICES NOT PROVIDED FOR. No claim for services furnished by the CONSULTANT not specifically provided for herein shall be honored by the CITY. SECTION 27. PUBLIC RECORDS LAW. CONSULTANT acknowledges CITY'S obligations under Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONSULTANT acknowledges that CITY is required to comply with Article I, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. SECTION 28. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all s~rvices pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules, and regulations Riverwalk Scope (Work Order -.01) City of Sandford (4-17-01) pertaining to, or regulating the provisions of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, roles, or regulations shall constitute a material breach of this Agreement, and shall entitle the CITY to terminate this Agreement immediately upon delivery of written notice of termination to the CONSULTANT. SECTION 29. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last specified and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to-wit: FOR THE CITY Director of Engineering and Planning, Jay Marder City Hall 300 N. Park Avenue Sanford, Florida 32771 FOR THE CONSULTANT Director of Public Planning, Bill Kercher 33 East Pine Street Orlando, Florida 32801 SECTION 30. RIGHTS AT LAW RETAINED. The rights and remedies of the CITY, provided for under this Agreement, are in addition and supplemental to any other rights and remedies provided by law. SECTION 31. EXTENT OF CONTRACT. This Contract, together with the Exhibits hereinafter identified and listed, constitute the entire agreement between the CITY and The CONSULTANT, and supercedes all prior written or oral understandings and connection therewith. This Contract may only be amended, supplemented, or modified by a formal amendment. The Exhibits made part of this Contract are as follows: Exhibit "A" Scope of Services Exhibit "B" Work Order Forms Exhibit "C" Rate Schedule Riverwalk Scope (Work Order -.01) City of Sandford (4-17-0I) IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date below written for execution by the CITY. ATTEST: oth h . ' ent (CORPORATE SEAL) ATTEST: CITY COMMISSION Clerk to the · Sanford, Florida. As authorized for execution by the City Commission at its 20~7/, regular meeting. Riverwalk Scope (Work Order -.01 City of S andford (4-17-01 ) EXHIBIT "A" GENERAL SCOPE OF SERVICES (Please Provide Information) Riverwalk Scope (Work Order -.01) City of Sandford (4-17-01) Exhibit A General Scope of Services The City has a long-standing interest in the redevelopment of Downtown Sanford, the economic development of the City and the development of an active riverfront for the enjoyment of residents and visitors. In order to achieve these and other objectives, the City is retaining Glatting Jackson Kercher Anglin Lopez Rinehart, Inc and several sub~ consultants, to prepare concepts, plans, construction documents along with related projects and services for the purpose of improving the greater downtown area of the City of Sanford Initially, several major areas have been identified for improvements by the City that will be designed by the Glatting Jackson Team. These improvements include: PART I The Riverwalk (Phase 1) and Riverwalk-Related Segments of the Seawall PART 1I - Downtown Plan Including: · Fort Mellon Park Master Plan · Streetscape Linkages including: Landscape/Streetscape/Overall Design Master Plan for several streets · Memorial Park Design · Fishing Piers, Boat Launching and Additional Marina Feasibility · Riverwalk Phase II Feasibility Study from French Ave. to the Zoo PART 11I First Street Construction Plans The City intends to retain the Glatting Jackson Team consisting of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., Gee & Jenson, WBQ Design and Engineering, Geodata Surveyors, Ardaman Associates Geotechhical Engineers and the Smith Group JIR to complete the tasks outlined in this Agreement and further described below. Other specialty consultants may be added to the Team with the authorization of the City. Glatting Jackson, though not responsible for the technical performance of the other firms, will serve as the Consultant Team Coordinator. EXHIBIT "B" WORK ORDER FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES AGREEMENT (REQ 00/oI - os) WORK ORDER NO.: 01 PURCHASE ORDER NO.: (For billing purposes only, to be assigned by CITY after execution.) PROJECT: 1st Street Construction Plans CITY: SANFORD, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA CONSULTANT: Glutting Jackson Kercher Anglin Lopez Rinehart, Inc. Execution of the Work Order by CITY shall serve as authorization for the CONSULTANT to provide for the above project, professional services as set out in the Scope of Services attached as Exhibit "A," to that certain Agreement of &/~fi/~ c,7 (~t c;~'dg/ between the CITY and the CONSULTANT and further delineated in the specifications, conditions and requirements stated in the following listed documents which are attached hereto and made a part hereof. ATTACHMENTS: [ ] DRAWINGS/PLANS/SPECIFICATIONS [x ] SCOPE OF SERVICES [ ] SPECIAL CONDITIONS [] The CONSULTANT shall provide said services pursuant to this Work Order, its attachments and the above- referenced Agreement, which is incorporated herein by reference as if it had been set out in its entirety. Whenever the Work Order conflicts with said Agreement, the Agreement shall prevail. TIME FOR COMPLETION: The work authorized by this Work Order shall be commenced upon issuance of a Notice to Proceed by CITY and shall be completed within December 15, 2001 ( ) calendar days. METHOD OF COMPENSATION: (a) This Work Order is issued on a: Riverwalk Scope (Work Order -.01) City of Sandford (4-17-0I) [X ] FIXED FEE BASIS [ ] TIME BASIS METHOD WITH A NOT-TO-EXCEED AMOUNT [ ] TIME BASIS METHOD WITH A LIMITATION OF FUNDS AMOUNT (b) If the compensation is based on a "Fixed Fee Basis," then the CONSULTANT shall perform all work required by this Work Order for the sum Four Hundred Fifty Thousand DOLLARS ($450,000.00). In no event shall the CONSULTANT be paid more than the Fixed Fee Amount. (c) If the compensation is based on a "Time Basis Method" with a Not-to-Exceed Amount, then the CONSULTANT shall perform all work required by this Work Order for a sum not exceeding DOLLARS ($ ). The CONSULTANT'S compensation shall be based on the actual work required by this Work Order. (d) If the Compensation is based on a "Time Basis Method" with a Limitation of Funds Amount, then the CONSULTANT is not authorized to exceed the Limitation of Funds amount of DOLLARS ($ ) without prior written approval of the CITY. Such approval, if given by the CITY, shall indicate a new Limitation of Funds amount. The CONSULTANT shall advise the CITY whenever the CONSULTANT has incurred expenses on this Work Order that equals or exceeds eighty percent (80%) of the Limitation of Funds amount. The CITY shall compensate the CONSULTANT for the actual work performed under this Work Order. Payment to the Consultant shall be made by the CITY in strict accordance with the payment terms of the above-referenced Agreement. It is expressly understood by the CONSULTANT that this Work Order, until executed by the CITY, does not authorize the performance of any services by the CONSULTANT and that the CITY, prior to its execution of the Work Order, reserves the right to authorize a party other than the CONSULTANT to perform the services called for under this Work Order if it is determined that to do so is in the best interest of 20 Riverwalk Scope (Work Order -.01) City of Sandford (4-17-01) the CITY. IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order on this c:~ {gV~ day of ~ ,20~ [, for the purposes stated herein. · , .By:' men~'t y T. Jackson ,Vice President (CORPORATE SEAL) ATTEST: CITY CO ISSION By. SANF~ ~~R~ ' " " O~JGHERT ss , Clerk to the City Commission Date: Sanford, Florida. For use and reliance of the As authorized for execution by the City of Sanford, Florida, only· City Commission at its ~ c;.~ , Approved as to form and legal 20 O [, regular meeting. SUf~X City Attorney Attachment (s): Scope of Services Riverwalk Scope (Work Order -.01) City of Sandford (4-17-01) Exhibit A SCOPE OF SERVICES WORK ORDER NO.: 01 Riverwalk [Phase 1] and Riverwalk-Related Segments of the Seawall The Riverwalk is a pedestrianway that parallels the St. Johns River/Lake Monroe waterfront in downtown Sanford between Mellonville Avenue and US 17-92 along Seminole Blvd. The Riverwalk design project includes plans for the design and construction of the pedestrianway and the re-construction of the seawall necessary to support the Riverwalk. The following tasks are intended to result in plans and permits that will enable the construction of these improvements. 1.1 Kick-Off Meeting [Team]- The Team will meet with the City in a day-long session to tour the area and discuss: · The goals of the plan, · The preliminary development program and budget, · The sources of data ,City contacts, and other resources available to the Team, · The physical characteristics of the area including information and insights about utilities, existing conditions and other factors the staff believes would be helpful to the Team, · The means of coordination between the City and the Team, · The approach to. public communication, end · The schedule for completing the plans. 1.2 Survey Information [Geodata]: · Aerial Photo, · Topo Aerial Survey (A topo survey from the aerial photo will be provided by the Project Engineer.) · Boundary Survey (A boundary survey and legal description will be provided by the Proj eel Engineer/Surveyor.) · Tree Survey (A Tree Survey from the aerial photo will be provided consistent with the City Arbor Ordinance.) · Utility Review - The existing wastewater and potable water service lines and facilities in the study area will be identified and located on base maps for use in the construction design of the Riverwalk, Seawall and other Improvements. · Stormwater Review - Existing pipes and facilities in the study area will be identified and located on base maps for use in the construction design of the Riverwalk, the Seawail and other Improvements. · Street System Review - Existing streets, curbing, sidewalks! parking and other features of the sweet system in the study area will be identified and located on base maps for use in the construction design of the Riverwalk, the Seawall and other Improvements. Permitting requirements for changes to existing systems will be identified · Electric, Phone, Cable and Gas System Review - Information about these and other lines, pipes and facilities in the study area will be identified, located on base maps for use in the construction design. Permitting needs will be documented. · The survey will be prepared to City standards and it will be certified to the City. 1.3 Soils Analysis [Ardaman] - The Team will complete field exploration, laboratory testing and engineering evaluations in order to produce a report on the geotechnical conditions associated with the Riverwalk and Related Seawall Improvements. The soils report will be addressed to the City as the owner of the report. 1.4 Seawall Design Plans [Gee & Jenson] - The Seawall Segment necessary for the Riverwalk is that length of wall from Mellonville Avenue to US 17-92. The Seawall will be designed in close coordination with the Riverwalk design to ensure that physical connections, aesthetics, drainage and other aspects of the Seawall are functionally and aesthetically coordinated and consistent. The design task for the Seawall plans are: · Pre-Design - The Team will, in addition to the Kick-Off meeting activities, document existing conditions, verify seawail conditions, coordinate with the geoteclmical consultant and the surveyor and provide a determination as to which regnlatory agencies have jurisdiction for the seawall project. · Seawall Preliminary Design Concepts, Alternatives and Recommendations - The Team will provide designs for the seawall once the survey and soils reports are completed. The Team will meet with the City to review the alternative designs and reach a conclusion for a recommended design concept for the seawall. Cost data will be provided along with a projected schedule for construction. Utility relocations, if necessary, will be proposed. · Permit Applications - Permit applications will be submitted to the jurisdictional agencies at the earliest possible dates. · Preliminary Final Seawall Design - The final plan for the Seawall will be prepared based on the agreed-upon design concepts and the expected permit requirements. A budget and schedule for permitting and construction will accompany the plans. · Client Review - The Team will review the design plans with the City, and the Commission if requested, for technical, budget and schedule considerations. · Final Seawall Design - After review and approval by the City, the plans and specifications will be finalized. 1.5 Riverwalk Design Plans [ Glatting JacksOn and WBQ] - The Riverwalk consists of the sidewalk/bikepath along the riverfront from Mellonville Avenue to US 17-92 that consists of the pathway, lighting, hardscape, landscape, and related furnishings. The Riverwalk design will be closely coordinated with the design of the related Seawall. The tasks for the Riverwalk design include: · Pre-Design - The Team will, in addition to the Kick-Off meeting activities, documc~nt existing conditions, wrify sidewalk and roadway conditions, coordinate with the geotechnical consultant and the surveyor and provide a determination as to which regulatory agencies have jurisdiction for the Riverwalk project. · Riverwalk Preliminary Design Concepts, Alternatives and Recommendations - The Team will provide designs for the Riverwalk once the survey, soils reports and the Seawall concepts are completed. The Team will meet with the City to review the alternative designs and reach a conclusion for a recommended design concept for the Riverwalk. Cost data will be provided along with a projected schedule for construction. · Permit Applications - Permit applications will be submitted to the jurisdictional agencies at the earliest possible dates. · Preliminary Final Riverwalk Design - The final plans for the Riverwalk will be prepared based on the agreed-upon design concepts and the expected permit/approval requirements. A budget and schedule for permitting and construction will accompany the plans. Utility relocations, if necessary, will be proposed. · Client Review - The Team will review the design plans with the City, and the Commission if requested, for technical, budget and schedule considerations. · Final Riverwalk Design - After review and approval by the City, the plans and specifications will be finalized. 1.6 Bid Documents and Construction Services [Team] - The Team will prepare a consolidated bid package that includes the construction plans and specifications for the Seawail and the Riverwalk. It is anticipated that one contractor will be selected with specialty contractor(s) that can handle the Seawall construction. The details of the contracting and construction administration will be determined after the construction plans are complete. The fees for Contract Service sand Construction Administration have been estimated based on a percent of the proposed construction budget. These are subject to change based on the final plans and budgets. 1.7 Construction Administration [Team] - NOT INCLUDED - The final scope and fee for the actual services to be provided will be determined once the construction plans and specifications are finalized. A SEPARATE work Order will be issued by the City. 1.8 EXHIBIT "B" WORK ORDER FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES AGREEMENT (REQ 00/0I - 0S) WORK ORDER NO.: 02 PURCHASE ORDER NO.: (For billing purposes only, to be assigned by CITY after execution.) PROJECT: Downtown Urban Design Plan CITY: SANFORD, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA CONSULTANT: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Execution of the Work Order by CITY shall serve as authorization for the CONSULTANT to provide for the above project, professional services as set out in the Scope of Services attached as Exhibit "A," to that certain Agreement of (/~A~ °7~/c''~O59 f between the CITY and the CONSULTANT and further delineated in the specifications, conditions and requirements stated in the following listed documents which are attached hereto and made a part hereof. ATTACHMENTS: [ ] DRAWINGS/PLANS/SPECIFICATIONS [x ] SCOPE OF SERVICES [ ] SPECIAL CONDITIONS [] The CONSULTANT shall providesaid services pursuant to this Work Order, its attachments and the above- referenced Agreement, which is incorporated herein by reference as if it had been set out in its entirety. Whenever the Work Order conflicts with said Agreement, the Agreement shall prevail. TIME FOR COMPLETION: The work authorized by this Work Order shall be commenced upon issuance of a Notice to Proceed by CITY and shall be completed within December 15,2001 ( ) calendar days. METHOD OF COMPENSATION: (a) This Work Order is issued on a: IX ] FIXED FEE BASIS 22 Riverwalk Scope (Work Order ~.01) City of Sandford (4-17-01) [ ] TIME BASIS METHOD WITH A NOT-TO-EXCEED AMOUNT [ ] TIME BASIS METHOD WITH A LIMITATION OF FUNDS AMOUNT (b) If the compensation is based on a "Fixed Fee Basis," then the CONSULTANT shall perform all work required by this Work Order for the sum of One Hundred Ninety Thousand DOLLARS ($190,000.00). In no event shall the CONSULTANT be paid more than the Fixed Fee Amount. (e) If the compensation is based on a "Time Basis Method" with a Not-to-Exceed Amount, then the CONSULTANT shall perform all work required by this Work Order for a sum not exceeding DOLLARS ($ ). The CONSULTANT'S compensation shall be based on the actual work required by this Work Order. (f) If the compensation is based on a "Time Basis Method" with a Limitation of Funds Amount, then the CONSULTANT is not authorized to exceed the Limitation of Funds amount of DOLLARS ($ ) without prior written approval of the CITY. Such approval, if given by the CITY, shall indicate a new Limitation of Funds amotmt. The CONSULTANT shall advise the CITY whenever the CONSULTANT has incurred expenses on this Work Order that equals or exceeds eighty percent (80%) of the Limitation of Funds amount. The CITY shall compensate the CONSULTANT for the actual work performed under this Work Order. Payment to the Consultant shall be made by the CITY in strict accordance with the payment terms of the above-referenced Agreement. it is expressly understood by the CONSULTANT that this Work Order, until executed by the CITY, does not authorize the performance of any services by the CONSULTANT and that the CITY, prior to its execution of the Work Order, reserves the right to authorize a party other than the CONSULTANT to perform the services called for under this Work Order if it is determined that to do so is in the best interest of the CITY. Riverwalk Scope (Work Order ~.01 City of Sandford (4-17-01) IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order on this ~, &~Sc~ day of ~ ,20/9 f, for the purposes stated herein. ATT ST: 'a~k~ BD~~ o~y T~ ' v, . B 'am C. K , .T ~Lff' ~ (CO~O~TE SEAL) ATTEST: CITY COMMISSIO'~ Clerk to ~e ~ City Co~ission Date: ~ ~, 8~ / Sanford, Florida. For use ~d reli~ce of~e As au~o~zed for execution by ~e CityofS~ford, Florida, only. Ci~ Commission at its ~~3, Approved as to form ~d legal 20 ~/, regul~ meeting. City Attorney ~Rac~ent (s): Scope of Se~ices 24 River,salk Scope (Work Order -.0I) City of Sandford (4-17-0 1 ) Exhibit A SCOPE OF SERVICES WORK ORDER NO.: 0__2 Downtown Urban Design Plan, Marina Improvements and Riverwalk Phase II Feasibility Downtown Urban Design Plan The Downtown Sanford Urban Design Plan is intended to include detailed plans for the area bounded generally by the River, Mellonville Avenue, 3rd Street and French Avenue. The specific projects to be considered in this Area are the RiverwalL the Fort Mellon Park Master Plans, Memorial Park Master Plan, General Streetscape concepts for all streets in the Area, Plans for Fishing Piers and Boat launching Facilities and Additional marina Feasibility. The Urban Design Plan is intended to consider the entire area and these individual projects in a holistic fashion, in addition to producing individual plans for each project. The tasks below will result in the overall urban design plan and individual plans for specific projects. 2.1 Downtown Urban Design Plan [GJ] - The Urban Design Plan will be prepared for Downtown Sanford that develops and consolidates the concepts for the Riverwalk, Fort Mellon Park, Memorial Park, First Avenue, other downtown streets and the development opportm~ity sites previously identified. The Plan will be prepared at the outset of the effort and will incorporate the many specific projects anticipated to be built. The Plan will include: · Goals and Objectives for the Downtown - These will be documented from previous studies and discussions with staff, City committee members and others selected by the City. Design Principles based on these discussions will be proposed for use in the master planning and construction design plans. · Conceptual Plans for Fort Mellon & Memorial Parks. · Seminole Boulevard - This street will be evaluated to determine whether it should remain open as a two-way street with on-street parking, closed, or modified for partial use by vehicles. The results of this analysis will be included in the final Downtown Urban Design Plan. · Downtown Street,cape Concept - 'l'he design concept for the streets of downtown Sanford will be established in sketch, section and plan form in anticipation that subsequent efforts will result in detailed plans for permitting and construction. The streets include: · First Street from French Ave. to Mellonville Ave. · Magnolia Square and Magnolia Ave, from 3rd to 1 st. · Park Ave. from 3rd to Seminole Blvd. · Palmetto Ave. from 3rd to/thru the Marina · Sanford Ave. from 6th to Seminole Blvd. · Fishing Pier and Boat Launching Beaches - The locations and conceptual designs for the fishing piers and boat launching beaches will be identified. 2.2 Fort Mellon Park Master Plans [GJ] - Based on the Downtown Urban Design Plan and the previously prepared plans and market studies, two master plans will be prepared for development of this park: one with the conference center and one without the conference center. The plan may be provided as "phased" options - allowing a redeveloped park to accommodate a future conference center. 2.3 Memorial Park Master Plan [GJ] - Based on the Downtown Urban Design Plan and information from the World War II Monument Committee, plans will be prepared for the re-development of this park. 2.4 Public Participation - The Urban Design Plan due to its holistic nature is the process to be used to solicit information, ideas and reactions from the public for the overall program and for the concepts of each individual project. · The monthly meetings of the Waterfront Steering Committee will be used as the periodic public forum for reporting progress and discussing issues. · Public Kick-Off meeting will be held to introduce the project and solicit comments and design ideas from the general public. · A three-day workshop will be held as the Urban Design Plan is in its formulative stage. The workshop will consist of an initial presentation to orient the public about the project and their role in the process, an open house that enables informal discussions by the public, a concluding presentation at the conclusion of the workshop to report the results the public's comments and the progress of the planning efforts to that point. During the three-day workshop, sessions will be scheduled with specific organizations to solicit views from these standing committees of the City and other organizations. · A website will be established that will be kept current on a weekly basis. The website will report results of the planning work and announce meetings or other related events. Website shall be cross-linked to the City website. Marina Facilities 3.1 Fishing Pier Schematic Plans [J jR] - The Team will evaluate in the Urban Design Plan the locations of fishing piers to enable "bank fishing" to continue on the Riverwalk without interfering with the recreation and tourist use of the Riverwalk. The use of the existing breahvater or other facilities, existing or new, to satisfy this activity future construction. Scope and Fee for construction drawings and permitting will be developed in the following schematics. 3.2 Boat Launching Beaches Construction Plans [J jR]- The City desires to provide a vanue for launching small sailboats such as sunfish and hobbie-cat class watercraft in order to attract regattas. The Team will identify potential locations along the lakefront and sketch conceptual facilities for such boat launching activities in the Urban Design Plan. Schematic Designs and order of magnitude cost estimates will be developed in anticipation of future construction. The scope and fee for construction drawings and permitting will be developed following schematics. 3.3 AdditionalMarinaFeasibility[JJR]-TheTeamwilldetermineifadditionaI marina facilities are appropriate and provide a preliminary design of such facilities. The Team will also determine the feasibility and potential for construction of retail commercial uses such as a restaurant on the water in conjunction with such marina facilities. Riverwalk Phase II Feasibility Study - French Ave. to Zoo 4.1 Riverwalk Phase H Feasibility Study [GJ] - The Team will study and determine alternatives to eliminate the New Jersey barrier proposed in the previous Plan; investigate the feasibility of building a raised walkway over water, including environmental, permitting and property ownership issues. The objective is to establish a feasible concept for extending the Phase I Riverwalk, with the same concept as in Downtown or otherwise, from French Ave. to the Zoo. EXHIBIT "B" WORK ORDER FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES AGREEMENT (RFQ 00/01 - 08) WORK ORDER NO.: 03 PURCHASE ORDER NO.: (For billing purposes only, to be assigned by CITY after execution.) PROJECT: 1st Street Construction Plans CITY: SANFORD, A MUNICIPAL CORPOR. ATION OF THE STATE OF FLORIDA CONSULTANT: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Execution of the Work Order by CITY shall serve as authorization for the CONSULTANT to provide for the above project, professional services as set out in the Scope of Services attached as Exhibit "A,' to that certain Agreement of ~ C:,2&, c~t~9[ between the CITY and the CONSULTANT and further delineated in the specifications, conditions and requirements stated in the following listed documents which are attached hereto and made a part hereof. ATTACHMENTS: [ ] DRAWINGS/PLANS/SPECIFICATIONS [x ] SCOPE OF SERVICES [ ] SPECIAL CONDITIONS [] The CONSULTANT shall provide said services pursuant to this Work Order, its attachments and the above- referenced Agreement, which is incorporated herein by reference as if it had been set out in its entirety. Whenever the Work Order conflicts with said Agreement, the Agreement shail prevail. TIME FOR COMPLETION: The work authorized by this Work Order shall be commenced upon issuance of a Notice to Proceed by CITY and shall be completed within December 15, 2001 ( ) calendar days. METHOD OF COMPENSATION: (a) This Work Order is issued on a: Ix ] FIXED FEE BASIS 25 Riverwalk Scope (Work Order -.0I) City of Sandford (4-17-01) [ ] TIME BASIS METHOD WITH A NOT-TO-EXCEED AMOUNT [ ] TIME BASIS METHOD WITH A LIMITATION OF FUNDS AMOUNT (b) If the compensation is based on a "Fixed Fee Basis," then the CONSULTANT shall perform all work required by this Work Order for the sum of One Hundred Twenty Thousand DOLLARS ($120,000.00). In no event shall the CONSULTANT be paid more than the Fixed Fee Amount. (g) If the compensation is based on a "Time Basis Method" with a Not-to-Exceed Amount, then the CONSULTANT shall perform all work required by this Work Order for a sum not exceeding DOLLARS ($ ). The CONSULTANT'S compensation shall be based on the actual work required by this Work Order. (h) If the compensation is based on a "Time Basis Method" with a Limitation of Funds Amount, then the CONSULTANT is not authorized to exceed the Limitation of Funds amount of DOLLARS ($ ) without prior written approval of the CITY. Such approval, if given by the CITY, shall indicate a new Limitation of Funds amount. The CONSULTANT shall advise the CITY whenever the CONSULTANT has incurred expenses on this Work Order that equals or exceeds eighty percent (80%) of the Limitation of Funds amount. The CITY shall compensate the CONSULTANT for the actual work performed under this Work Order. Payment to the Consultant shall be made by the CITY in strict accordance with the payment terms of the above-referenced Agreement. It is expressly understood by the CONSULTANT that this Work Order, until executed by the CITY, does not authorize the performance of any services by the CONSULTANT and that the CITY, prior to its execution of the Work Order, reserves the right to authorize a party other than the CONSULTANT to perform the services called for under this Work Order if it is determined that to do so is in the best interest of the CITY. Riverwalk Scope (Work Order -.01) City of Sandford (4-17-01) IN WITNESS WHEREOF, the parties hereto have made and executed this Work Order TimotZ~.Jadl~son ,Vice President Wx 'am C. Kercher, Jr., Pr, tsi e~nt ~/ (CORPORATE SEAL) .~ ATTEST: CITY COMMISSION SANFO FLORI BY~r Clerk to the . . City Commission Date: (55~/~A~ c~2 t:~ ~ZT/ -- . S~ford, Florida. For use ~d reli~ce of ~e As authorized for t~ - Ci~ of S~ford, Florida, only. CiW Co~ission X~TZf ~ ~, Approved as to fom~ ~d leg~ 20~ {, regul~ meeting. City A~orney A~ac~ent (s): Scope of Se~ices Riverwalk Scope (Work Order -.01) City of Sandford(4-17-01) Exhibit A SCOPE OF SERVICES WORK ORDER NO.: 03 1st Street Construction Plans 5.1 1st Street Construction Plans [GJ/WBQ] - Upon approval of the overall design concepts in ~he Urban Design Plan, the Team will prepare full engineering pIans for improvements to First Street that include stormwater and streetscape improvements from Oak Ave. to Sanford Ave. The plans will incorporate the already permitted and designed First Street Drainage project plus: street lights, mast arms, electric outlets for events, landscape, parking, sidewalk, street furniture, surface drainage, and signage. The Team will prepare a consolidated bid package for drainage and streetscape improvements. 6.1 Additional Services - Additional Services may include revisions to work based on changes to the City-approved master plan or additional tasks not specified in the above-described scope of work that are necessary to achieve the goals of this assignment. These services will be provided under a separate agreement with the City for an agree-upon fee. 7.1 Scope, Schedule and Fee - Because the full design and engineering parameters of the First Street Streetscape are not known at this time, the design team reserves the right to review/confirm this scope, schedule and fee at the conclusion of the review activities included in Work Order #2: Downtown Urban Design Plan. EXHIBIT "C" RATE SCHEDULE Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. City of Sanford, Florida 18-Apr-01 EXHIBIT "C" RATE SCHEDULE 2001 2002 2003 Principal $190 $200 $210 Planner4 $140 $145 $150 Planner 3 $110 $115 $120 Planner 2 $90 $95 $100 Planner I $70 $75 $80 Transportation Planner 4 $140 $145 $150 Transportation Planner 3 $110 $115 $120 Transportation Planner 2 $90 $95 $100 Transportation Planner 1 $70 $75 $80 Ecologist 4 $140 $145 $150 ECologist 3 $110 $115 $120 Ecologist 2 $90 $95 $100 Ecologist 1 $70 $75 $80 Landscape Architect 4 $140 $145 $150 Landscape Architect 3 $110 $115 $120 Landscape Architect 2 $90 $95 $100 Landscape Architect 1 $70 $75 $80 GIS Specialist 2 $140 $145 $150 GIS Specialist 1 $70 $75 $80 Graphic Artist 2 $90 $95 $100 Graphic Artist I $70 $75 $80 Administrative Assistant $50 $55 $60 Technician $40 $45 $50 Proposed 3year