Loading...
REDEVELOPMENT - REVITALIZATION OF MAJOR AREAS OF CITY c , I I CONTRACT FOR CONSULTING SERVICES This AGREEMENT made this //tti- day of August, 1998, by and between the City of Clearwater, Florida (City), P.O. Box 4748, Clearwater, Florida 33758-4748 and Siemon, Larsen & Marsh (Master Design/Development Consultant), a partnership. WHEREAS, City issued a Request for Consultant to provide professional services according to Consultant's response to Request for Qualifications No. 90-98; NOW THEREFORE, the City and Consultant do hereby incorporate all terms and conditions of RFP 90-98, Consultant's response, and all amendments thereto in addition to Exhibits "A" and "B" hereto and mutually agree as follows: 1. SCOPE OF PROJECT Consultant agrees to provide professional services under the terms and conditions described as follows: a. The relationship will be that of a consultant who will provide a full range of services relating to the redevelopment and revitalization of major areas of the City of Clearwater, Florida. b. Professional and technical services required under this Agreement will be in accordance with acceptable professional and ethical standards. c . It shall be the responsibility of the Consultant to work with and for the City to provide opinions and solutions in the preparation and implementation of a strategic development program. This program is a major redevelopment initiative referred to as One City-One Future (1 C-1 F). d. The Consultant will prepare detailed implementation plans which are technically feasible and practical from an engineering, economic, legal, fiscal and political perspective for the City's Downtown and Beach areas. The implementation plans shall include strategic investment initiatives including Grant applications and recommendations for public, private and public!privateproject investment programs. Page 1. O "',J , ~J<; / ./ _' ,/ ~::J ,'l ,-' #I~' I I e. The Consultant, while utilizing the City's Engineers of Record~ will specifically examine and recommend solution refinements and an implementation schedule for the existing conceptual plans for the City's Downtown and Beach area. In order to translate the concept of revitalization into reality, the concept of revitalization must be refined as a preliminary design with specific details in regard to pavement widths, parking, sidewalk patterns, landscape treatments, street furniture and design standards and other appropriate urban design services. Similarly, an acceptable funding program (public, quasi-public, public/private, or private) will have to be developed. The program will be prepared and compiled as a "chapter" in a project implementation report. f. The Consultant will ensure that the "engine" of this project will be a market driven, strategic development program based on estimating public benefits and costs of development. g. The Consultant will ensure that this program will use methodologies designed to test its attractiveness to the general public, the local development community and the development community at large. h. The Consultant will provide: urban design and preliminary road design plans; design standards; and design strategy to include the review and assessment of the applicability of design/build contracts for various City improvements. 1. The Consultant will develop national and international design, marketing and investment strategies including estimates of the costs of land acquisition and assembly. j. The Consultant will perform/provide architectural planning; general planning and project management for a wide range of projects, both large and small. This project management service will be provided for all projects through the implementation phase except those projects that are of a civil engineering nature. k. The Consultant shall submit monthly reports summarizing the progress achieved, difficulties encountered or anticipated, and recommendations to solve them as well as expected progress in the next reporting period. 1. All documents and reports shall be submitted with five copies in hard and soft format. All design related plans of a civil engineering nature must be submitted on City-compatible CAD software. Page 2. - I , 2. WORK PROGRAM TO SATISFY SCOPE OF PROJECT In order to satisfy the scope of the project, the refinement of each of the plans for the 1 C-1F initiative, at a minimum, will include the following elements: a. A land use plan documenting existing and proposed uses within each area. b. Changes in the City's Comprehensive Plan, zoning and other City, County, and/or State regulation necessary to implement the plan and accommodate uses within the community. c. Preliminary designs for each project contemplated which would contain at a minimum: project site plan, master plan, typical sections and illustrative building typologies and elevations, and renderings at an appropriate scale. d. Design guidelines indicating general design concepts to be applied to each of the redevelopment areas. e. The identification of properties to be acquired and assembled. f. A capital improvement plan required for the redevelopment project of each area, including estimated (estimates must come from professionals in the respective areas) costs for parking, roadways, sidewalks, utilities and site improvements. g. A neighborhood impact assessment describing the anticipated impact of the redevelopment project on the residential neighborhoods of the city. h. A finance plan identifying sources of funds, including projections of tax increment revenues associated with the redevelopment project. The finance plan should include a year-by-year comparison of costs and potential income from land sales, taxes and other programs, including cost estimations for land acquisition, demolition, public improvements, administration, architecture and engineering fees, interests and contingencies. Potential revenues should include land disposition revenues as well as consideration of additional funding mechanisms, such as tax increment revenues, special assessments and public grant funds. TASK LIST Task 1.0 General Tasks Task 1.1 Provide a detailed schedule for completion of each task indicating estimated time involvement of experts assigned to the project. All dates will be from initiation (I) date (i.e., I + 90 days) and shall include identification of project milestones and key dates. Page 3. I I Task 1.2 Identify, review and analyze existing plans. Task 1.3 The Consultant will review the existing plans for Downtown Clearwater and Clearwater Beach as listed and identified in this Contract and critically review each plan in terms of urban design, economic, fiscal, legal and political feasibility. Civil engineering design review will be handled by City Engineer of Record. Task 1.4 The Consultant will present a written report summarizing of their critical review of each of the existing plans for Downtown Clearwater and Clearwater Beach and recommend areas where plan refinement is required to ensure urban design, economic, fiscal, legal and political feasibility to the City's professional staff. Task 1.5 The Consultant will meet with key stakeholders, businesses and other special interest groups to explain the Consultant's assessment of the existing plans and to solicit input and develop a consensus of direction and interest that will ensure a true publici private partnership in the implementation plan. Task 1.6 The Consultant shall prepare a final report for the Beach and Downtown specifying other necessary refinements for each Plan and their respective coordination and integration. Task 2.0 Clearwater Beach Plan Refinement Task 2.1 The Consultant shall prepare all materials, including required data and analysis, in order to address each of the plan refinement items identified during the Existing Plan Review and Analysis Task. Task 2.2 The Consultant shall convene a 3-day consolidated technical workshop to be attended by key Consultant members and key members of the City Administration to address each of the plan refinement items in light of the research and analysis prepared by members of the Consultant team and to develop a professional consensus in regard to appropriate, desirable and feasible plan refinements for each item. The Consultant shall deliver a list of questions in advance to be answered as part of the process. The Consultant shall lay out decisions that must be made by the City in an orderly and progressive mode. Task 2.3 Based on the professional consensus developed during the technical workshop in regard to plan refinements, the Consultant shall prepare the preliminary design and the strategic concept for the Clearwater Beach Pan and shall test the design for public and private cost feasibility to include land value estimates under consideration for acquisition by the City, acquisition strategy, as well as national and international design and marketing strategies. Page 4. I I Task 2.4 The Consultant will present the preliminary design for the Clearwater Beach Plan to peers and external key stakeholders for review and "market-testing" to ensure the appropriateness and feasibility of the preliminary design. Task 2.5 The Consultant will present the preliminary design for the Clearwater Beach Plan, as modified in light of external peer review and market-testing to stakeholders, business representatives, prospective developers and other special interest groups in a workshop/ consensus- building context with the purpose of resolving differences of opinion or perspectives and ensuring the financial feasibility of the plan. Task 2.6 The Consultant will finalize the recommended preliminary design for the Redevelopment of Clearwater Beach and present the recommended design to the City Commission and other boards as deemed necessary for review and acceptance. Task 3.0 Clearwater Beach Implementation Programs Task 3.1 As soon as the preliminary design for the Redevelopment of Clearwater Beach is accepted by the City Commission, the Consultant shall identify each and every public and private action necessary to carry out the implementation of the preliminary design. Task 3.2 For each identified implementation action, the Consultant shall prepare an assessment of the opportunities and constraints for each implementation action including funding options to include estimates of public benefits and costs of development. Task 3.3 After the implementation opportunities and constraints have been analyzed, the Consultant shall present their assessment to the City's professional staff for review and comment and for the purpose of developing a professional consensus in regard to the most feasible and practical approach for each required implementation action. Task 3.4 Once the Consultant and the City's administration have arrived at a consensus in regard to the most feasible and practical approach for each required implementation action, the Consultant shall prepare a "plan" for each action item specifying the action to be taken, action objectives, the party or parties responsible for the action, a schedule for action, project specifications, how the action is to be financed, implementation criteria such as leveraging ratios, private sector participation or timing, what the relative priority of the action is vis-a-vis other implementation actions for Clearwater Beach and other 1 C-1F initiatives. Task 3.5 The Consultant shall present the recommended "plans" for all Clearwater Beach Redevelopment implementation action items to stakeholders, business representatives and other Page 5. I I special interest groups in a workshop/consensus-building context with the purpose of resolving differences of opinion or perspectives in regard to the recommended action "plans." Task 3.6 The Consultant will finalize its recommended "plans" for Redevelopment of Clearwater Beach and present the recommended "plans" to the City Commission for review and acceptance. Task 4.0 Downtown Clearwater Plan Refinement Task 4.1 The Consultant shall prepare all non civil engineering materials, including required data and analysis, in order to address each of the plan refinement items identified during the Existing Plan Review and Analysis Task. Task 4.2 The Consultant shall convene a 3-day consolidated technical workshop to be attended by key Consultant team members and key members of the City Administration to address each of the plan refinement items in light of the research and analysis prepared by members of the Consultant team and to develop a professional consensus in regard to appropriate, desirable and feasible plan refinements for each item. The Consultant shall deliver a list of questions in advance to be answered as part of the process. The Consultant shall lay out decisions that must be made. Task 4.3 Based on the professional consensus developed during the technical workshop in regard to plan refinements, the Consultant shall prepare the preliminary design for the Downtown Clearwater Redevelopment Plan and shall test the design for public and private cost feasibility. Task 4.4 The Consultant will present the preliminary design for the Downtown Clearwater Redevelopment Plan to peer and external key stakeholders for review testing to ensure the appropriateness and feasibility of the preliminary design. Task 4.5 The Consultant will present the preliminary design for the Downtown Clearwater Plan, as modified in light of external peer review and market-testing to key individuals, business representatives and other special interest groups in a workshop/consensus-building contest with the purpose of resolving differences of opinion or perspectives in regard to the Plan. Task 4.6 The Consultant will finalize the recommended preliminary design for the Redevelopment of Downtown Clearwater and present the recommended design to the City Commission for review and acceptance. Page 6. I I Task 5.0 Downtown Clearwater Implementation Programs Task 5.1 As soon as the preliminary design for the redevelopment of Downtown Clearwater is accepted by the City Commission, the Consultant shall identify each and every public and private action necessary to carry out the implementation of the preliminary design. Task 5.2 For each identified implementation action, the Consultant shall prepare an assessment of the opportunities and constraints for each implementation action including funding optiOns. Task 5.3 After the implementation opportunities and constraints have been analyzed, the Consultant shall present their assessment and implementation strategy to the City's professional staff for review and comment and for the purpose of developing a professional consensus in regard to the most feasible and practical approach for each required implementation action. Task 5.4 Once the Consultant and the City's Administration have arrived at a consensus in regard to the most feasible and practical approach for each required implementation action, the Consultant shall prepare an Implementation Program for each action item specifying the action to be taken, action objectives, the party or parties responsible for the action, a schedule for action, project specifications, how the action is to be financed, implementation criteria such as leveraging ratios, private sector participation or timing, what the relative priority of the action is vis-a-vis other implementation actions for Downtown Clearwater and other 1 C-IF initiatives. Task 5.5 The Consultant shall present the recommended programs for all Downtown Clearwater Redevelopment implementation action items to stakeholders, business representatives and other special interest groups in a workshop/consensus-building context with the purpose of resolving differences of opinion in regard to the recommended action programs. Task 5.6 The Consultant will finalize their recommended programs for Revitalization of Downtown Clearwater and present the recommended programs to the City Commission for review and acceptance. Task 6.0 lC-lF Initiatives Coordination Task 6.1 During the term of the performance of the Scope of Work, the Principal-in-Charge (PIC) of the Consultant team shall be responsible for coordinating the work of alllC-lF project consultants to ensure that their work is properly integrated into and coordinated with the Downtown and Beach plans. In addition, the PIC will assist in determining the overall quality and timing of the work of the other consultants as they relate to the lC-lF initiative. The PIC Page 7. I 1 will assist the City Project Manager and the other consultants in determining funding strategies and implementation schedules to the Greenwood and Gulf to Bay projects. In addition, the PIC shall be responsible for working with the City's professional staff to facilitate the timely performance of City responsibilities to ensure the successful completion of 1 C-1F initiatives. Task 6.2 During the term of the performance of this Scope of Work, the PIC shall obtain written or verbal status reports monthly from each 1 C-1F project consultant in regard to the progress of the work and any problems or concerns that imperil timely performance of the project consultant's Scope of Services. Task 6.3 During the term of the performance of this Scope of Work, the PIC shall compile a monthly 1 C-1F implementation status report identifying progress to date on all 1 C-1F initiatives, as well as any concerns or anticipated problems that pose obstacles to the timely and successful completion of individual project assignments. Task 6.4 During the term of the project, the PIC will assist in developing local, regional and national press coverage and will be available to work with the media and to meet weekly as the project progresses. Task 7.0 Community Participation Task 7.1 The Consultant shall be responsible for interacting with affected and interested citizens to ensure that all work is performed in a context of a community consensus and that the design... economic and political feasibility of each element of the work is tested during the performance of the work. Task 7.2 During the term of the performance of this Scope of Work, the Consultant shall assist the City in dealing with private sector interests who express an interest in participating in the implementation of 1 C-1F initiatives. The Scope of Services does not include the negotiation of specific transactions or undertakings; however, the City expects and encourages that the Consultant will be reasonably available to facilitate and/or conduct preliminary conversations with property owners, investors, developers, governmental agencies and other interested groups to inform such interests about the 1 C-1F initiatives to encourage their support and interest in the City's initiatives. Task 7.3 Develop a recommended grant application list with recommended submission dates. Page 8. I I Task 8.0 General Consulting Services Task 8.1 In conjunction with the performance of this Scope of Services, members of the Consultant team will be reasonably available to provide general consulting services not specified in this Scope of Work that are nevertheless a logical and beneficial step toward the design and development of specific 1 C-1F implementation programs. 3. TIME OF PERFORMANCE The Scope of Services is to be completed prior to September.30, 1999. The work will be organized around weekly meetings and will involve extensive interaction among the Consultant, City staff and affected individuals, groups and businesses. 4. REPORTS Consultant agrees to provide to the City special 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. 5. COMPENSATION The City will pay the Consultant a sum not to exceed $445,900 inclusive of all reasonable and necessary direct expenses. The City may, from time to time, require changes in the scope of the project 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 that are mutually agreed upon by and between the City and the Consultant shall be effective when incorporated in written amendment to this Agreement. 6. METHODOFPAYMENT The Consultant shall bill the City according to the payment schedule described in Exhibit B. City agrees to pay after approval of the City Project Manager under the terms of the Florida Prompt Payment Act F.S. 218.70. 7. CONTACTS FOR RESPONSIBILITY Charles L. Siemon will be designated as Master Design/Development Consultant and Principal-in- Charge (PIC) for this project to manage and supervise the performance of this Agreement on Page 9. I I behalf of the Consultant team. The PIC shall be available at least one (1) day per week during the performance of the Scope of Services. Associated with the PIC will be staff members whose experience and qualifications are appropriate for this Project. These staff members will be available in the City of Clearwater on an as-appropriate/ as-needed basis. The City will be represented by the City Manager, or his designee, for all matters relating to this Agreement. Key Personnel The City may terminate this Contract at its discretion if any of the key personnel is dismissed or is otherwise removed by the Consultant. The following individuals shall be available to perform the Scope of Services and shall perform the majority of the work performed by their respective firm members of the Consultant. Subcontracts for key personnel shall be subject to City approval. Starwood Urban Investments Charles L. Siemon and Wendy U. Larsen Richard E. Heapes and Bruce Leonard Tim Jackson, Walter Kulash, Bill Kercher, John Reinhart John Richmond Richard Gehring and Jim Egnew Steve Wolfe Siemon, Larsen & Marsh Cooper Carry Associates Glatting, Jackson Prime Interests AMS 8. TERMINATION OF CONTRACT The City at its sole discretion may terminate this Contract by giving the 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 work accepted by the City through the effective date of such termination. Further, if the Consultant fails to fulfill any obligations hereunder, this Contract shall be in default, the City may terminate the contract, and the Consultant shall be paid only for work accepted by the City. 9. 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, Page 10. I I upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of payor other forms of compensation; and selection for training, including apprenticeship. 10. INTERESTS OF PARTIES The 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. 11. INDEMNIFICATION AND INSURANCE The 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, its employees or agents 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 as described in Exhibit "A." This provision shall survive the termination of this Agreement. 12. 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. 13. ATTORNEYS FEES In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that the prevailing party shall be entitled to attorney fees and costs, and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. Page 11. I I IN WITNESS WHEREOF, the City and Consultant, have executed this Agreement on the date first above written. SIEMON, LARSEN & MARSH WITNESS: /In;a(? ~llhn) ~ ~-< c"--- " , . QAA/f By: Charles L. Siemon, Partner Countersigned: CITY OF CLEARWATER, FLORIDA Rita Garvey Mayor-Commissione BY:}---- Michael J. Roberto City Manager Approved as to form: Attest: ~- ~ Assistant City Attorney ~~l2dLtf~ jP.I Cy i E. Goudeau .......:- U City Clerk - '- .~ Page 12. I I EXHIBIT A CITY OF CLEAR WATER RISK MANAGEMENT/INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS STATEMENT OF PURPOSE The City of Clearwater enters into agreements and contracts for services and/or products of other partIes. Agreements and contracts shall contain Risk Management/Insurance terms to protect the City's interests and to minimize its potential liabilities. Whenever applicable, the following terms shall be included in agreements and contracts. CITY DEFINED The term City (wherever it may appear) is defined to mean the City itself, its Commission, the Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida Statutes, its duly appointed officers, or other public bodies, officers, employees, volunteers, representatives and agents. OTHER PARTY DEFINED The term other party (wherever it may appear) is defined to mean the other person or entity that is a party to an agreement or contract with the City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents, contractors, and subcontractors. HOLD HARMLESS The City shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting therefrom, arising out of the agreement or contract unless such claims are a result of the City's sole negligence. PAYMENT ON BEHALF OF CITY The other party agrees to pay on behalf of the City, and to pay the cost of the City's legal defense, as may be selected by the City, for all claims described in the Hold Harmless paragraph. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City's exclusive remedy. INSURANCE The other party shall provide the following described insurance, except for coverage's specifically waived by the City, on policies and with insurers acceptable to the City. These insurance requirements shall not limit the liability of the other party. The City does not represent these types or amounts of insurance to be sufficient or adequate to protect the other party's interests or liabilities, but are merely minimums. Page 13. I I Except for workers' compensation and professional liability, the other party's insurance policies shall be endorsed to name the City as an additional insured to the extent of the City's interests arising from this contract or agreement. Except for workers' compensation, the other party waives its right of recovery against the City, to the extent permitted by its insurance policies. The other party shall request that its insurers' policies include or be endorsed to include a severability of interests/cross liability provision so the City will be treated as if a separate policy were in existence without increasing the policy limits. The other party's deductibles/ self-insured retentions shall be disclosed to the City and may be disapproved by the City. They shall be reduced or eliminated at the option of the City. The other party is responsible for the amount of any deductible or self-insured retention. Workers' Compensation Coverage The other party shall purchase and maintain workers' compensation insurance for all workers compensation obligations imposed by state law and employer's liability limits of at least $100,000 each accident and $100,000 each employee/$500,000 policy limit for disease. The other party shall also purchase any other coverage's required by law for the benefit of the employees. General. Automobile and Excess or Umbrella Liability Coverage The other party shall purchase and maintain coverage on forms no more restrictive than the latest editions of the Commercial or Comprehensive General Liability and Business Auto policies of the Insurance Services office. Minimum limits of $500,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies (including employers' liability required in the Workers' Compensation Coverage section) and the total amount of coverage required. Commercial General Liability If Commercial General Liability coverage is provided: Coverage A shall include premises, operations, products and completed operations, independent contractors, contractual liability covering this agreement or contract, and broad form property damage coverage's. Coverage B shall include personal injury. Coverage C, medical payments, is not required. Occurrence Form The occurrence form of Commercial General Liability must be provided. Page 14. I I Comprehensive General Liability If Comprehensive General Liability coverage is provided it shall include at least: Bodily injury and property damage liability for premises, operations, products/completed operations, independent contractors, and property damage resulting from explosion, collapse or underground (x,c,u) exposures. Broad Form Comprehensive General Liability coverage, or its equivalent, with at least: Broad form contractual liability covering this agreement or contract, personal injury liability and broad form property damage liability. Products/Completed Operations Coverage The other party is required to continue to purchase products contract or agreement, for a minimum of three years beyond the City's acceptance of renovation or construction projects. Business Auto Liability Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non-owned and hired auto- mobiles and employee non-ownership use. W atercraft/ Aircraft Liability If the other party's provision of services involves utilization of watercraft or aircraft, watercraft and/ or aircraft liability coverage must be provided to include bodily injury and property damage arising out of ownership, maintenance or use of any watercraft or aircraft, including owned, non- owned and hired. Excess Or Umbrella Liability Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed. Whichever type of coverage is provided, it shall not be more restrictive than the underlying insurance policy coverage's. CER TIFICA TES OF INSURANCE Required insurance shall be documented in Certificates of Insurance that provide that the City shall be notified at least 30 days in advance of cancellation, non-renewal or adverse change. New Certificates of Insurance are to be provided to the City at least 15 days prior to coverage renewals. If requested by the City, the other party shall furnish complete copies of the other party's insurance policies, forms and endorsements. The address where all such Certificates of Insurance and policies of insurance, when requested, shall be sent or delivered is as follows: City of Clearwater Attention: City Clerk P.O. Box 4748 Clearwater, FL 33758-4748 Page 15. I I For Commercial General Liability coverage the other party shall, at the option of the City, provide an indication of the amount of claims payments or reserves chargeable to the aggregate amount of liability coverage. Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its representatives, which indicate less coverage than required does not constitute a waiver of the other party's obligation to fulfill the insurance requirements herein. INSURANCE OF THE OTHER PAR TY PRIMARY Insurance required of the other party or any other insurance of the other party shall be considered primary, and insurance of the City shall be considered excess, as may be applicable to claims which arise out of the Hold Harmless, Payment on Behalf of City, Insurance, Additional Insurance and Certificates of Insurance provisions of this agreement or contract. LOSS CONTROL/SAFETY Precaution shall be exercised at all times by the other party for the protection of all persons, including employees, and property. The other party shall be expected to comply with all applicable laws, regulations, or ordinances related to safety and health and shall make special efforts where appropriate to detect hazardous conditions and shall take prompt action where loss controll safety measures should reasonably be expected. The City may order work to be stopped if conditions exist that present immediate danger to persons or property. The other party acknowledges that such stoppage will not shift responsibility for any damages from the other party to the City. CONSIDERA TION FOR HOLD HARMLESS/PAYMENT ON BEHALF Applicable To Florida Construction Contracts The other party agrees to accept, and acknowledges as an adequate amount of remuneration, the consideration of $100.00 for agreeing to the Hold Harmless, Payment on Behalf of City, Insurance and Certificates of Insurance provisions in this agreement or contract. ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS If checked below, the City requires the following additional provisions or types of insurance for repair or service or other contracts to afford added protection against loss that could affect the work being performed. Commercial General Liability Increased General A~~re~ate Limit The minimum commercial general liability general aggregate limit shall be $1,000,000 which is greater than the occurrence limit simply because it is an annual aggregate limit. Installation Floater Insurance Installation Floater insurance is to be provided to cover damage or destruction to equipment being installed or otherwise being handled or stored by the other party. The amount of coverage should be adequate to provide full replacement value of the equipment being installed, otherwise being handled or stored on or off premises. All risks coverage is preferred. Page 16. ~ ., I I Motor Truck Car&o Insurance If the Installation Floater insurance does not provide transportation coverage, separate Motor Truck Cargo or Transportation insurance is to be provided for materials or equipment transported in the other party's vehicles from place of receipt to building sites or other storage sites. All risks covered is preferred. Contractor's Equipment Insurance Contractor's Equipment insurance is to be purchased to cover loss of equipment and machinery utilized in the performance of work by the other party. All risks coverage is preferred. Fidelity/Dishonesty Insurance - Covera&e for Employer Fidelity/Dishonesty insurance is to be purchased to cover dishonest acts of the other party's employees, including but not limited to theft of vehicles, materials, supplies, equipment, tools, etc., especially property necessary to work performed. Fidelity/Dishonesty/Liability Insurance - Covera&e for City Fidelity/Dishonesty/Liability insurance is to be purchased or extended to cover dishonest acts of the other party's employees resulting in loss to the City. ADDITIONAL INSURANCE FOR RENOVATION OR CONSTRUCTION CONTRACTS If checked below, the City requires the following types of insurance for renovation or construction contracts, in addition to required coverage's previously cited, including Additional Insurance for Repair or Service or Other Contracts. Commercial General Liability Proiect A&&re&ate Because the Commercial General Liability form of coverage includes an annual aggregate limitation on the amount of insurance provided, a separate project aggregate limit is required by the City for this contract or agreement. Owners Protective Liability For renovation or construction contracts the other party shall provide for the City an owners protective liability insurance policy (preferably through the other party's insurer) in the name of the City. Builders Risk Builders Risk insurance is to be purchased to cover the property for all risks of loss, subject to a waiver of coinsurance, including coverage of risks indicated in the Installation Floater and Motor Truck Cargo insurance previously described if such coverage's are not separately provided. The Builders Risk insurance is to be endorsed to cover the interests of all parties, including the City and all contractors and subcontractors. The insurance is to be endorsed to grant permlsslOn to occupy. Page 17. I I PROFESSIONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMISSIONS If checked below, the City requires the following terms and types of insurance for professional, malpractice, and errors or omissions liability. Hold Harmless The following replaces the previous Hold Harmless wording: The City shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting therefrom arising out of performance of the agreement or contract, unless such claims are a result of the City's own negligence. The City shall also be held harmless against all claims for financial loss with respect to the provision of or failure to provide professional or other services resulting in professional, malpractice, or errors or omissions liability arising out of performance of the agreement or contract, unless such claims are a result of the City's own negligence. Professional Liability/Malpractice/Errors or Omissions Insurance The other party shall purchase and maintain professional liability or malpractice or errors or omissions insurance appropriate for the type of business of business engaged in by the other party with minimum limits of $1,000,000 per occurrence. If a claims made form of coverage is provided, the retro- active date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. WRITTEN AGREEMENT/CONTRACT Any party providing services or products to the City will be expected to enter into a written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to do so, may, at the sole discretion of the City, disqualify any party from performing services or selling products to the City provided, however, the City reserves the right to waive any such requirements. Page 18. . . I I EXHIBIT B PROVISION OF PAYMENT Payment for services shall be based on a task-by-task basis according to the percentage completion of each task. The Consultant shall submit monthly bills in regard to work performed in regard to individual tasks along with a sworn statement describing the work performed on each task and the percentage completion of each task. Upon acceptance of the Consultant's sworn statement, the City shall pay the Consultant an amount equal to the percentage completed for each task times the budget amount set out in Exhibit B-1 for such task. The City may withhold ten (10%) percent of the budget amount for a specific task until the City has finally accepted performance of the work on the task. Any changes to the budget amounts in Exhibit B-1 shall be in writing and shall be subject to the approval of the City. Page 19. . ., I I TASK DESCRIPTION BUDGET $ 1.0 CRITICAL REVIEW OF EXISTING PLANS 1.1 Provide Schedule of Tasks 2,000 1.2 Review of Existing Plans 12,000 1.3 Critical Analysis of Existing Plans 10,800 1.4 Identify Plan Elements for Refinement 5,600 1.5 Key Participant Meetings 3,200 1.6 Final Report 3,200 2.0 CLEAR WATER BEACH PLAN REFINEMENT 2.1 Material Preparation 24,000 2.2 Workshop 28,300 2.3 Prepare Preliminary Design 32,500 2.4 Test and Validate Preliminary Design 10,400 2.5 Key Participant Meetings 8,200 2.6 Present Preliminary Design 8,200 3.0 CLEARWATER BEACH PLAN IMPLEMENTATION 3.1 Identify Implementation Actions 13,600 3.2 Prepare Alternatives Assessment 16,300 3.3 Present Assessment to City 5,600 3.4 Prepare Action Plans 18,400 3.5 Key Participant Meetings 8,400 3.6 Present Implementation Programs 8,400 4.0 DOWNTOWN PLAN REFINEMENT 4.1 Material Preparation 22,500 4.2 Workshop 28,300 4.3 Prepare Preliminary Design 28,000 4.4 Test and Validate Preliminary Design 11,200 4.5 Key Participant Meetings 8,400 4.6 Present Preliminary Design 8,400 EXHIBIT B-1 BUDGET Page 20. - .. I I 5.0 DOWNTOWN PLAN IMPLEMENTATION 5.1 Identify Implementation Actions 15,200 5.2 Prepare Alternatives Assessment 16,300 5.3 Present Assessment to City 5,600 5.4 Prepare Action Plans 18,400 5.5 Key Participant Meetings 8,400 5.6 Present Implementation Programs 8,400 6.0 lC1F COORDINATION 6.1 Project Coordination Management 16,400 6.2 Monthly Monitoring 2,400 6.3 Monthly Reports 6,900 6.4 Public Information Support 2,000 7.0 COMMUNITY PARTICIPATION 7.1 Community Consensus Building N/A 7.2 Private Sector Relations N/A 7.3 Grant Applications N/A 8.0 GENERAL CONSULTING 8.1 Travel Expenses / Direct Expenses 20,000 TOTAL $445,900 Page 21.