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GULF TO BAY BOULEVARD PLANNING , t ... ~,~-:. I I CONTRACT FOR CONSULTING SERVICES This AGREEMENT made this IO#- day of Dc ~~ , 1997, by and between the City of Clearwater, Florida (City), P. O. Box 4748, Clearwater Florida 33758, and Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. (Consultant), a Florida corporation. WHEREAS, City has selected Consultant to provide planning services for Gulf to Bay Boulevard; and WHEREAS, Consultant has agreed to provide such planning services under the terms and conditions of this Agreement; NOW THEREFORE, City and Consultant for the mutual promises contained herein agree as follows: 1. SCOPE OF PROJECT. Consultant agrees to provide planning services to City for Gulf to Bay Boulevard. Consultant services shall include, but shall not be limited to the following: a. Meet with City Staff to discuss the Project objectives, design concepts, previously prepared plans and other information on September 23, 1997 at 1 :00 p.m. City will provide copies of any base maps and/or previously prepared studies or plans at this time. b. Visit and photograph the site to gain a better understanding of existing site conditions, and to use in the Vision Summary document. c. Prepare a mock-up of the Vision Summary document, based on our discussions and site visit, and submit four (4) copies for City's review. Major headings will include: . Background, history of the Project . Description of the City's Vision and objectives for the Project . Issues that must be addressed in order to successfully accomplish the Vision, including adjacent land use/zoning, utilities, storefronts, landscaping, signs/way finding, traffic safety and others . Strategies for involving business owners, the surrounding communities and the general public in the design and implementation of the Project . Potential alternatives for funding and implementing various Project components . Attend the October 9, 1997 tour/workshop A -; //,,' -:' ..-, L/I.J' / J ... j~_ (/) .. -, I I . Revise the Vision Summary one (1) time based on City's written review comments, and submit a revised draft copy and disk for City - use. 2. TIME OF PERFORMANCE. Consultant agrees that all planning services described in the Scope of Project shall be completed by October 9, 1997. 3. REPORTS. Consultant agrees to provide to City reports on the Project upon request by the City. All reports shall comply with City's recycled and recyclable products code requirements, Clearwater Code Section 2.601. 4. COMPENSATION. The City will pay Consultant a sum not to exceed $10,000, inclusive of all direct expenses as described in the hourly rate schedule attached as Attachment "A". The City may, from time to time, require changes in the Scope of the Project of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and changes in the terms of this Agreement which are mutually agreed upon by and between City and Consultant shall be effective when incorporated in written amendment to this Agreement. 5. METHOD OF PAYMENT. Consultant shall bill City upon completion of the Project. City agrees to pay after approval of the City Project Manager under the terms of the Florida Prompt Payment Act F.S. 218.70. 6. CONTACTS FOR RESPONSIBILITY. Timothy T. Jackson, Vice- PresidentlDirector of Transportation Planning will be designated as Project Director for this Project by Consultant to manage and supervise the performance of this Agreement on behalf of Consultant. Associated with the Project Director will be staff members whose experience and qualifications are appropriate for this Project. The City will be represented by Richard L. Hedrick, Assistant City Manager, or his designee for all matters relating to this Agreement. 2 I I 7. TERMINATION OF CONTRACT. The City at its sole discretion may terminate this contract by giving Consultant ten (10) days written notice of its election to do so and by specifying the effective date of such termination. The Consultant shall be paid for its services through the effective date of such termination. Further, if Consultant shall fail to fulfill any of its obligations hereunder, this contract shall be in default, the City may terminate the contract, and Consultant shall be paid only for work completed. 8. NON-DISCRIMINATION. There shall be no discrimination against any employee who is employed in the work covered by Agreement, or against applicants for such employment, because of race, religion, color, sex, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of payor other forms of compensation; and selection for training, including apprenticeship. 9. INTERESTS OF PARTIES. Consultant covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. 1 O. INDEMNIFICATION AND INSURANCE. Consultant agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Consultant or its employees in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Consultant shall procure and maintain during the life of this Agreement liability insurance coverage. This provision shall survive the termination of this Agreement. 3 .. .. " tit" ~ I I 11. PROPRIETARY MATERIALS. Upon termination of this Agreement, Consultant shall transfer, assign and make available to City or its representatives all property and materials in Consultant's possession belonging to or paid by the City. 12. ATTORNEYS FEES. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs, and that jurisdiction for such an action shall be in a court of , competent jurisdiction in Pinellas County, Florida. IN WITNESS WHEREOF, the City and Consultant, have executed this Agreement on the date first above written. CITY OF CLEARWATER, FLORIDA By: J . - Michael J. Roberto City Manager Approved as to form: ~ Attest: ..- C ~2-;>_~>>~n cynt~ E. Goudeau--- -"" . City rk - . _ . _ ' . ~~ John Carassas Assistant City Attorney GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC. By: , and ~ s:/agreemenUjackson 4 ... j P: 'II''' .-' I I ATTACHMENT A 1997 HOURLY RATE SCHEDULE Principal Senior Planner Planner S150/hour S100/hour S70/hour S50/hour S100lhour S70lhour S50lhour S100/hour S70/hour S50/hour S100/hour S70/hour S50/hour S70/hour S70/hour S50/hour S35/hour Planning Technician Senior Transportation Planner Transportation Planner Transportation Technician Senior Ecologist Ecologist Ecological Technician Senior Landscape Architect Landscape Architect Landscape Technician GIS Specialist Computer Imaging Specialist Computer Graphics Administrative AssistantIW ord Processor Direct Expenses - All direct expenses incurred in completing the scope of services shall be billed to the CLIENT at a multiple of 1.15 times cost. These costs are in addition to the fees quoted for each Part of the Scope of Services. Direct expenses include costs for reproduction, printing, and other miscellaneous expenses. Personal automobile mileage shall be billed ata rate of $0.29 per mile. Field vehicle mileage shall be billed at a rate of SO. 50 per mile. Application, filing, and permit fees shall be paid by the CLIENT to the proper agency at the time of application. Glatting Jaclcson Kercher Anglin Lopez Rinehart, Inc. Page 1 ofl