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AGREEMENT FOR PROFESSIONAL SERVICES (21)EXHIBIT "AA" AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the /011- day of , 2009 by and between. the City of Clearwater, Florida (CITY) and CUM Y & FAIR, INC. (CONSULTANT). WITNESSETH: WHEREAS the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such. work in accordance with this Agreement; and WHEREAS the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the CONSULTANT in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the CONSULTANT in a Statement of Qualifications dated. May 27, 2009: NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1.0 GENERAL SCOPE OF THIS AGREEMENT The relationship of the CONSULTANT to the CITY will be that of a professional consultant, and the CONSULTANT will provide the professional and technical. services required under this Agreement in accordance with acceptable engineering or area of expertise practices and ethical standards. 2.0 PROFES I© AL TECI••CNICA SERVICES 3.1 It shall be the responsibility of the CONSULTANT .to work with and for the CITY toward solutions: to engineering' problems and the approach or technique to be used toward accomplishment of the CITY's objective for each project or assignment. The CONSULTANT'S services shall include developing and presenting advisory opinions regarding the usefulness and continued profitability of Water, Sewer and Stormwater Utility Systern facilities, the sufficiency of the rates and charges for the :System services; the proper maintenance of the elements of the System and the design of capital improvements thereto; roads, drainage, structural analysis, transportation, traffic, onvironn iental and gas systems. Representative assignment areas are expected to include, but not be limited to, planning, studies or design services as listed below: 1 . Preparation of construction drawings, specifications and bid documents for public works projects, including but not. limited to: * structural engineering elements * streets and roadways, including intersection improvements • parking facilities: i utility infrastructure, including water, wastewater, natural gas, storm water and reused water 2 land surveying activities, including title search, aerial target placement, topographic surveys, right-of-way surveys, preparation of right-of-way control surveys, preparation of right-of-way mapping/parcel descriptions/parcel sketches 3. architectural. services 4. transportation improvement planning and studies, irieluding Project Development & Environment (PD&E) studies 5. appraisals of land. under consideration for acquisition by the CITY 6. traffic operations activities, including traffic signal warrant analysis, safety studies, preparation of traffic signal construction documents, preparation of pavement marking & signing plans, assistance as. needed with the implementation.. of timing plans for and the operation of the City's Urban Traffic Signal Computer System 7. hazardous materials investigations, mitigation/remediation plans and associated tasks B. management of construction contracts 9. review and assessment of the applicability of design/build contracts for various CITY improvements 10. development/preparation of grant applications for CITY projects 11. preparation of permit application packages, including water, waste water, surface water management, National Pollution Discharge Elimination System (NPDES), and wetland impacts: assistance in meeting regulatory and grant requirements, permitting and preparation of permit documents and representation of the CITY before appropriate regulatory bodies 12. environmental audits, including evaluation of hazardous materials potential, archeological or historical resources, impacts to threatened or endangered species 1.3. hydraulic/hydrologic modeling of streams, watersheds, aquifers, etc. 14. development of wetland mitigation plans, including compliance monitoring 15. water quality monitoring, including report preparation 16. preparation and implementation of public involvement programs, including graphics (presentation boards, slides, handouts, etc.) 17. studies related to stormwater management, master planning, design and financing, including stormwater utility feasibility and implementation 18. studies related to rates, user charges and impact upon various agreements between the CITY and its customers, suppliers and consultants 19. studies of recreational facility improvements, including expansion or improvements to existing facilities.as well as development of new facilities: includes possible preparation of construction documents (including permits) and construction management 20. aviation services, including master planning and design of planned improvements 21. preparation of traffic calming plans 22. landscape and irrigation design 23, construction engineering and inspection 24. other work as may be reasonably required under the general scope of professional and technical engineering or other area of expertise services in connection with the CITY's public works/engineering system. 2.2 The CONSULTANT'S services under this Agreement will be provided under Work Orders, Generally, each Work Order will include the services for a ,single project or assignment, and it will. contain a mutually agreed-upon detailed scope of work, fee, and schedule of performance in accordance with applicable fiscal and budgetary constraints. Total compensation for all services shall not exceed $100,000 per Work Order unless specifically authorized by the City Council.. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required professional services hereunder, and shall diligently execute the work to meet the completion time established. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 3.0 PERIOD OF SERVICE 3 .1. The CONSULTANT shall begin work promptly after receipt of a fully executed copy of each Work Order, in accordance with Paragraph 2.2, above. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3 ,.2 if the CONSULTANT'S services called for under any Work Order. are delayed for reasons beyond. the CONSULTANT'S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force until three (3) years from the date of execution, subject to the provisions for termination contained heroin. Assignments that are in progress at the Contract termination date will be completed by the CONSULTANT unless specifically terminated by the CITY. 4 .0 INSURANCE REQUIREMENTS See Exhibit "B" attached.. 5.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE NEGOTIATION ACT L"CCNA) -Florida Statue 287.055 Professional Services requested in this RFP are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying„ as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 6.0 GENERAL CONSIDERATIONS 6.1 All documents. including. field books, drawings, specifications, calculations, etc., supplied by the. CONSULTANT shall become the property of the CITY. The CITY acknowledges that such documents are notintended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaptation by the CONSULTANT for the specific purpose intended will be at the CITY's sole risk without. liability or legal exposure to the CONSULTANT. 6.2 When authorized, the CONSULTANT shall prepare a final estimate of probable construction costs, following CITY approval of the. bid documents and other prebid activities. The CITY hereby acknowledges that estimates of probable construction costs cannot. be guaranteed, and such estimates are not to be construed as a promise that designed facilities will not exceed a cost limitation. Should the lowest, responsive and acceptable bid price received by the CITY within three (3) months from the date of the CITY's approval of the bid documents exceed the CONSULTANT'S final cost estimate by more than ten. percent (10%), the CONSULTANT shall perform a detailed evaluation of the low bid, The evaluation will review the bid prices. on. a line item basis, identifying areas of disagreement and providing a rationale for the difference. 6.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection with any.suit at law. A. supplemental agreement will be negotiated between the CITY and the CONSULTAN'T' describing the services desired and providing a basis for compensation to the CONSULTANT. 6.4 Upon the CONSULTANT'S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. 6.5 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal re.p.resentatlves and assigris of each other party, in :respect to all covenants of this Artietnent; and; neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other. 6.6 The CONSULTANT hereby agrees to indemnify and hold harmless the CITY, and its officers and employees, from. liabilities, damages, losses and, costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. It is specifically understood and agreed, however, that this indemnification agreement does not cover or indemnify the CITY for its own negligence. The CONSULTANT hereby further agrees to indemnify and bald harmless the CITY froth any and all fines, casts, mid expenses caused by, directly or indirectly, with the CONSULTANT'S failure to comply with any applicable laws, statutes, ordinances, or government regulations. 6.7 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 6_8 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from the projects until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified in the submitted Statement of Qualifications: 6.9 The CONSULTANT shall: attach a brief status report on the project(s) with each request for payment. 7.0 COMPENSATION 7.1 The CONSULTANT shall be compensated for all services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of CONSULTANT'S invoice. An hourly rate schedule and typical methods of compensation are attached hereto as Exhibit "C" 7.2 Except as may be addressed in the. initiating Work Order; the compensation. for services shall be invpiced.by°.the CONSULTANT and paid by the CITY once each month. Such invoices shall be due and payable within 30 days of receipt. 7.3 The CONSULTANT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost plus fixed fee work assignments upon request. of the CITY. 8.0 PROMBI ION AGAINST CONTINGENT FEES The CONSULTANT' warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to: solicit. or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a. bona fide employee working :for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 9.0 TERMINATION This Agreement. may be terminated by either party with seven (7) days prior written notice, in the event of substantial failure to perform in aecordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed up to the date of termination. 10.0 SUSPENSION, CANCELLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled, or abandoned by the CITY, without affecting any other Work Order or this .Agreement, the CONSULTANT shall be given. five: (5) 'days. prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. This Agreement shall be administered and interpreted under the laws of the State of Florida. 11.0 TERM NATION OF CONVENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination: and specifying the effective date of such termination at least. thirty (30) days before said termination date. 'If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for services rendered through the date of termination. 1N WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above wiittcn. AN D F By: SEAL lp- 1976 ,, ~OR WITNE By: fll / / Countersigned: CITY OF CLEAT WATER By: A. F-rank Hibbard William B. Home, 11 j er-C uncihnember roved as o d ectne Camilo Soto Assistant City Attorney City Manager ATTEST: By: Cynthferk E. udeau City GFty,, ?y ?\?l ff.•?i [.? -cc S-Z EXHIBIT "B" 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 Council, 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 which. 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 claims or suits arising from the fault of the other party or other persons employed or utilized. by the other party in the performance of the contract. Such payment on behalf ofthe 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. 'T'hese 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 minimum. 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 interest/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 employers 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. Coverake "C".1 Medical payments are not required. Occurrence Form: The occurrence form of Commercial General Liability must be provided, Comprehensive General Liability If Comprehensive General Liability coverage is provided it shall. Include at. least: « Bodily injury and property damage liability for promises, operations, .products/completed operations, independent contractors, and property damage resulting from explosion; collapse or underground (x,c,u) exposures. Broad 7~onn Comprehensive General Liability coverage,.or its. equivalent, with at least: $1,000,000.00 • Broad forth contractual liability covering this agreement or contract, personal injury liability and broad form property damage liability. Products/Completed ©parations Cov_erne The other party is required to continue to purchase products contract or agreement, for a minimum of three years (3) 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 automobiles and employee non.-ownership use. Watercraft/Aircraft Liabili; 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..Liabili 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. CERTIFICATES OF INSURANCE Required insurance shall be documented in Certificates of Insurance that provide that the City shall be notified at least thirty (30) days in. advance of cancellation or non-renewal, Consultant Shall, be required to provide City with notice of any adverse change. New Certificates of Insurance are.to be provided to the City at least fifteen (15) days prior to coverage renewals. 1f 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 4745 Clearwater, Florida 337584748 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, that 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 PARTY 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 that arise out of the Hold Harmless, Payment on Behalf of City, Insurance, and 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 laces, 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 control/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 .shaft responsibility for any damages from the other party to the City. CONSIDERATION FOR HOLD HARMLESS/PAYMENT ON BEHALF Annlicable to Florida Construction Contracts The other parry agrees to accept, and acknowledges as an adequate amount of remuneration, the consideration of $100.00 for agreeing to the Hold Harmless, Payment on Behar f 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 which could affect the work being performed. Commercial General Llabill Increased General Aggregate Limit The minimum commercial general liability general aggregate limit shall be $1,000,000.00 that is greater than the occurrence limit simply because it is an annual aggregate limit. Installation Floater I'nsu.rance 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. Motor Truck Caro 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 vehicle from place of receipt to building sites or other storage sites. All risks covered are preferred. Contractor's Equipment Imuranve 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. Fidelitv/Dishonesty Insurance -- Coverapae for Emulover 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/Dishones /LIabili Insurance - Coverage fbr 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 OR..RENOVATION OR CONSTRUCTION CONTRACTS Ii' 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 Contract. Commercial Genera Llahili Project 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 permission to occupy. PROFESSIONAL IABI ITY 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. X Hold Harailess The City shall be held harmless against liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct ofthe design professional and ether persons or entities employed; controlled, or utilized by the design professional in the performance of the contract. The City shall also be held harmless against all claims for fines, costs, expenses caused by, directly or indirectly, by the desip professional and other persons or entities employed; controlled, or utilized by the design professional that failed to comply with any applicable lavers, statutes, ordinances, or government regulations, and against other persons' financial loss with respect to the provision of or failure to provide professional or other services. resulting in the design professional's professional, malpractice, errors, or omissions giving rise to liability from the performance of the agreement or contract.. It is specifically understood and agreed, however, that this indemnification/hold harmless agreement does not cover or indemnify the City for its own negligence. X Professional Lie q /Mal ractice/Errors or Q . "ssions Insurance The other party shall purchase and maintain professional, liability or malpractice or errors or omissions insurance appropriate for the type of business engaged in by the other party with minimum limits of $1,000,000 per occurrence. If a claim's made form of coverage is provided, the retroactive 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:bc extended beyond the policy year either by a supplemental e-xtended reporting period (IRP) 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. EXHIBIT " C" PROVISION OF PAYMENT BASIS FOR PAYMENT The owner shall pay CONSULTANT and CONSULTANT agrees to accept as full compensation for its services (as established by Work Order) compensation as computed by one of the following. methods: Method "A" -- Costs Tithes. Multiplier Basis -- Compensation in the form of actual costs times a multiplier as determined by the following formula:: Actual rave Salary Cost x Multiplier + Subconsultant Cost + Other Direct. Costs. Multiplier. 3_.0 includes fringe benefit rate, overhead, operating margin and profit and is subject to annual review. Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be bated on billing rates for required labor classifications. Other Direct Costs are actual costs incurred for travel outside ofTaznpa Bay area, printing, copying, long distance telephone calls, etc., times a factor of 1.00- Method. "B" - Lum Surn - Compensation in die form. of "lump sum" shall be determined by mutual agreement between the CONSULTANT and the City. The lump sum amount shalt be negotiated based upon a scope of services developed by the CONSULTANT and approved by the city, ESTIMATES FOR. ACTUAL DIRECT PAYROLL COST (EXCLUDING OVERHEAD, FRINGE BENEFITS AND OPERATING MARGIN) The estimated hourly rates below represent July 2009 costs and categories. Periodic changes are anticipated and modification can be made annually upon City and CONSUL'T'ANT review. (Note: All rates are hourly salary rates). CITY OF CLEARWATE'R ENGINEER OF RECORD RFQ 12-09 2009 DIRECT HOURLY RATES CUMBEY & FAIR, INC. Rate Job Classification Minimum ($ / hour) Maximum Typical Senior Vice President 62.00 62.00 62.00 Vice President/Officer-in-Charge 54.:00 54.00 54.00 Project Manager/Associate Principal 43.00 43.00 50.00 Construction Manager 43.00 43.00 50.00 Construction Engineer 40.00 43.00 45.00 Senior En lneer/Scientist" 43.00 45.00/48.00* 50.00 En ineer/Scientist 111-1V 40.00 42.00 / 4&00* 42;00 En ineer/Sciientist- I-III 33.00 35.00148,00" 35.00 Planner 43.00 45.00 50,0.0 Landscape Architect" 45.00 45.00** 45.00 Field Technician 30.00 35.00 35.00 Senior Designer 35.00 38.00 38.00 Drafter/CA00 Operator 28.00 31.00 33.00 O erations Specialist 25.00 25.00 25.00 Fiscal/Accountin 20.50 2Q.50 20.50 Administrative/Clerical 16.50 18.50 20.50 MULTIPLIER: 3.00 Scientist rate is for H.W. Lochner (subconsultant) Landscape Architect rate is for Terra Tectonics (subconsultant) C:wvcwm?ts ?rtd 5rrta ngsiF?rhYeart.eedras?laeal WnaslTemWery"WM FODeConfenl,000a%ULtfA)gJkC1w-EQR RIM WO 12,0(2),40C Page °I o 2 CITY OF CLEARWATER ENGINEER OF RECORD RFQ 12-09 2009 DIRECT HOURLY RATES CUMBEY & FAIR, INC. Rate Job Classification Minimum ($ / hour) Maximum Typical Sr. Project Surveyor 35.00 43.00 45.00 Project Survs or 30.00 35.00 40.00 Office Support Surveyor 25.00 30.00 35.00 Surve Tech 20.50 25.00 27.00 Sr. CADD Tech 28.00 31.00 33.00 CARD Tech 27,00 27,50 28.50 Part Chief 17.00 22.00 26.00 Instrument Man 10.50 12.00 14.00 Rod Man 9.00 9.75 10.50 Utilities Designator 29.00 31,00 35.00 3-Man Survey Crew 36.50 43.75 50.50 4-Man Surve Crew 45.50 53.50 61.00 Administrative / Clerical 16.50 18.50 20,50 MULTIPLIER: 3,00 C'1iJ mmenfs and Sett ngsU6akhleen. niV Cpl Se#npkTeftw&y Iriwnel Res?Coniem.OuaookMZLUVUBADr-F_OR Rales RFO 1?-" (2) dw Page 2 of 2 -010,, ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID BP DATEIMMIDD/YYYY) CUM&F-i 07/30/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wallace Welch & Willingham Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 300 First Avenue South, 5th Fl HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 33020 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Petersburg FL 33733 Phone: 727-522-7777 Fax: 727-521-2902 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Nat -I Fire Ina Cc of Hartford 01505 INSURER B: Architects & Engineere Ins Co 44148 Cumbey & Fair, Inc. INSURER C: Transportation Ins. Co. 20494 2463 Enterprise Rd. Clearwater FL 33763 INSURER D: Florida Rotail Fadaration SIF - INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE y DATE yylppl LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1 OOQ 000 A X COMMERCIAL GENERAL LIABILITY 2086949437 03/16/09 03/16/10 PREMISES Eaocc,`rence $ 300,000 CLAIMS MADE I OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER, PRODUCTS - COMP/OP AGG $ 2 , O00 , 000 POLICY }[ JEC"0- 7 TT LOC Em Ben. 1,000 000 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accide t $1,000,000 A X ANY AUTO 2088208783 03/16/09 03/16/10 ( n ) ALL OWNED AUTOS D BODILY INJURY SCHEDULED AUTOS ? N (Per person) $ N HIRED AUTOS BODILY INJURY NON-OWNEDAUTOS (Par accident) S ' ;"J 1 PROPERTY DAMAGE 3 S (Per accident) GARAGE LIABILITY `' r"' 0 AUTO ONLY - EA ACCIDENT $ ANY AUTO C"o-P" P0 ` ` OTHER THAN EA ACC $ .Q AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY w\C1?? EACH OCCURRENCE s2,000,000 C X OCCUR LICLAIMSMADE F 2086949471 03/16/09 03/16/10 AGGREGATE $ 2,000,000 $ H DEDUCTIBLE $ X RETENTION $104000 g WORKERS COMPENSATION AND ' X TORY LIMITS ER D EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE 052024651 03/16/09 03/16/10 E.L. EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 , 000 , 000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S 1 , 00O 000 OTHER B Professional Liab AEICPG08 03/16/08 03/16/11 Ea Claim 1,000,000 $25,000 Deductible CLAIMS MADE Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is additional insured on a primary and noncontributory basis with respect to General Liability if required by written contract per form G17957G and certificate holder is additional insured with respect to auto liability and Excess policy per coverage forms, waiver of subrogation applies to to General Liability & Auto Liability if required by ->->-] CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Clearwater NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City Clert P.O. Box 4748 IMPOSE NO OBLIGATION OR UAMUIY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Clearwater FL 33758--4748 REPRESENTATIVES. AUTH D RESE E AcURU 25 (2001108) L..? ®ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26 (2001108) NOTEPAD: INSUREDS HOLDER CODE NAME Cumbey & Fair, Inc. COMP-1 PAGE 3 OP ID SP DATE 07/30/09 written contract. 10 day notice of cancellation applies for non payment of premium.