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AGREEMENT FOR PROFESSIONAL SERVICES (22)EXHIBIT A" AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the /D t-' day of . ?0 jc? by and between the City of Clearwttter, Florida .......?...._.. ........?_.,_ ...................., .. ..(CITY) and B ,1.1-`R )"WHIR' STRUCTURAL GROUP, 1. (CONSULTANT). WITNESS.ETII: 1',' I-1:1 R CwAS thc? CITY desires to engage the CONSULTANT to perform certain professional smices pertinent to such work in .accordance with this Agreement, and WHEREAS the. CONSULTANT desires to provide such professional services in accordance Nvith this Agreement; and Wt1:EREAS'the CITY ;selected the CONSULTANT in accordance with the competitive selection process: described in Section 287.055 of the. Florida Statutes, and based on inforrtiation and representations given by the CONSULTANT in a. Statement of Qualifications dated May 27; 2009: NOW. 'l'C 1I;t? I: l ORE, in consideration of the premiss and the mutual benefits which will accrue it.r the parties.h.creto i.n, carrying out the tennis of this Agreement, it is rntttually understood and agreed as .follows: GE ERAL SCOPE OF THIS AGREEMENT The relationship of the CONSULTANT to the CITY will be that of a professional coYtsultant. and the CONSULTANT will provide the professional and technical services required under this. Agreement its accordance with acceptable engineering or area of expertise practices and ethical standards. i) PROF ESSION:tl.. *I*E ('IINI('At. SFIti"1(*ES 2 - 1 It shall he the responsihility of the CON'SL'I.'rANT to ?%ork x%ith and for the CITY lOWW'd S011.1011S 10 ertyineering Itruhlertts and the approich or tcchnirrluc to he used (on,' rrd accomplishment ill7 the C.°I.TY's objective for each project or assignment. The C ONE: U LT AN "T'S serf ices shrill include developing and presenting Misary opinions regarding the trscfuIRCSS and continued profitability of Water, Senvi- and Stortttwater Utility System 1116 HUM rite sufficiency orthe rates and chug" fur the System sames. the prober niaintenanee of the elements of the System and the design of capital improvements tltereto. roads, drainage, structural analysis, transportation- traffic. er1rirt?rtlltlnlal and gas systems. Representative assignment areas lire etipccted 10 rrlclude, but not he limited to. planning, Studies or design sere ices as listed lteloty: 1... Prep;u-ati m of construction dnimings, specificalions and hid documents fior public monks I)rcljMS. including hilt n+t linlilVd tct: • srruct.tu'al enginecr'ing clemems • streets and roadways, irtelutling intersection inlprovenlents • parking lacilitie • utility in(rastruct.ure, including water, "mmewater, natural gas, storm water and reused water 1311d sura'eyin'4 .divines, including title search. aerial target placement, topographic surveys. right-tl way surveys, preparation ol-rig}tt-ctl=?v:ty control surveys, preparation of r-iOht-of-way inaplting/pareel descriptions. parcel sketches 3 . awhitectural services transportation improvement planning and studies, inelutlittg Praject E)v clopntem & I'rtvironment (11ME:) studies etppral?ais or And under cmuideration for acquisition by the CITY 6 . traffic operations activities. including traffic signal warrant analysis, satrrty studies, prcpara.tion of traffic signal construction documents, preparation bf pavrttTC 11 marking c sigrtitl , plans, assismnee as noWecd with the imple monation of tinting plaits rot' and the uper•atittn of the City's Urban Traffic Signal Computer System hararcdoils ntatet-ials investigations; mitigalion'rernediatinn plans and associated t,rsks 8. rnmugcntent ofcunstruction contracts review and assessment or the applicability of dcsignibuild contracts liar various CITY improvers nts 10. Mdop uenUpreparaiion of grant applications for CITY projects I preparwion or pern it apphcmiun packages, including water, waste grater. surface water man,agcmem, National Pollution Discharge Elimination System (NPDFSh and avctland impacts: assisunlce in meeting regulatory and grant requirements, permitting and prel?araticnt of permit documents and representation tit- the CITY before appropriate regulatory holies 1 . crnlAnmenUtl umUN, including evaluation or hU:trdntas rtlatcrials 1101011ial. archeological ur historical resources, impacts to threatened or endangered species hydraulic/hydrologic modeling of streams, watersheds, atluir'ers, etc. (h vclopattcart crftivctland mitigation plans, including, compliance monitor11.12 +'tier c}ualily monitoring. including report preparation p -ep;uratiott and implementation of pu171ir I -olvement programs, including gaphics (Presentation hoards. Slides. 11:IndUUts, etc.) 17 , steadies related to stonmvater tttanagement, master planning, design curd lirtancin?1. Including stcantmater utility Icasibilit.y and implementation ;rcements between the slutl.ii s rol:atecl tea rate ti. user charges and impact upott various n; CITY ;ancl its customers, suppliers tend consultants 19. studies of recreational facility itttpruvements, including expansion or irrtproveantents to ex.istiatg iacilities its %vell as clevelopmertt of ne%% 111611tics: includes possibly preparation ol'constructictu dtlcunt:nt5 (including permits) and ccnstrttction matt:agenlent ;aN iatictn services, including master planning and design ol" planned improvements ?, - larcparatictn c:rt-traffic cal?tting pluns .;:. , landscape and irrigation design 2 - construction engitaccring anti inspection crthc r •vork us may be reasonably required under tltc gonertal scope. of prof?ssictn;al ;art.cl technical engineering or other area of expertise services in connection with the ('1TN 's public Nvorks engineering system. 2 The CONS L1L TA\T'S services under this Agreement will be provided minter \Vark (")rders, Generally, each Work Order will include the services fur a sinjtle project or assignment, and it xvil.l contain za mutually ;agreed-upon detailed scope of Nwrk. fee. ;teal SVhc:tlnle of pcrlormance in accordance with applicable fiscal and btadgC,tary constraints. Total. c(atttpeny;ttion far all services shall not exceed S100.000 per Work Order unless speciIIcally authorize)) by the City Council. a The CONSULTANT shall maintain an adequate and competent sla.ff of professionally qualified personnel available to the CITY for the purlsosc of renderim-, tilt: required professional services hereunder, and shall diligently execute; the work to 111cel the eontple-tion time established. . 4 The CITY rescl-ves the right to enter into contracts %% itlt other engincering widJor .architect firms for similar services. The CONSULTANT will. when directed to do so by tltc C"1 [ 1' ct7ort.Iinatc and work with other cur ineering arid-`or architectural hunts r4lainett by tint: CITY. PERIOD OF SEIM(1? _ -l he C'ONS(JI_TANT shall begin work promptly alter receipt of a fully execuled copy ol- c:ac:h \Vark Order, in accordance with Paragraph 2.2, above. Receipt of a (tally executed \Vark 0rde • shall constitute writlen notice to proceed. ...: if tltc C,:'O vSI_Il;.'G\NT'S services called for under ;any Work Order arc delayed liar rcason;4 beyond the CONSUL'i-A QT'S control, tine time of perform artce shall be adjusted as appropriate. 3 It is tare intent of tli parties hereto that this Agreement continue in Force until three (?) years loom the date of execution, subject to the provisions for temlination contained herein. Assierlments that are in progress at the Contract termination date will be completed by the C:"ONSULTAN"I" unless specifically tenninated by the CITY. INSURA`CT REQUIRF:MLYI'S tics EX1)Iltiil "13" att;tched. ;.tr PROF F:SSiONAL SHOVICESWONSULTAN`1'S CO. 11'E'1'I"['11- E is (;oTIA*n0N A("1' (C('NA) - Florida Statue 287.055 Professional Services requested in this Rh1' are witttui the scope of the practice of architecture. landscape architecture, professional engineering. or registered land surveying, as delined by the laws of the State of- Florida. Provisions ol" f.S. 2187.035 apply. h. () GEAFRA1. CONSiDERATI0INS 6.1 A H docun)cnts includIlig field books. drawings, specifications. calculations. ctc., supplied by thv C ONSUL'I N'r shall become: the property of the CITY. The CITY acknowledges that such documents are not intended or represented to by suitable for use by the CITY or others for purposes other than those for which the dcrcurnt nts are prepared. Any reuse of these, d0cumenls without written verification or adaptation by the CONSULTANT for the specifie purpose intended will by at the C'i'I'ti'*s sole risk without liahility or legal c.xposUre to the CONS LJUrANT. 6.' Where authorized, the CONSULTANT shall prepare a final estimate of probable cunstrr.tctir?n costs. following CITY approval of the laid documents and other pre•bid . \ hies. I by CITY hereby acknowled cs that estimates of prohablc construction ousts cannot he guaranteed, and such estimates are not to be construed as a promise that designed lacilitics will not exceed a cost limitation. Should the lowest, responsive: and acceptable bid price received by tilt; CITY within three (3) months ti-orn the date 01' (he (1-1,)"s approval of the bid documents exceed the CONSULTANT'S final cost emirnate by more than ten percent (10"",>). the CO.NSLJI.. TANT shall perfurm a detailed evaluation ot't}he low hill. The evaluation vvill review the bid prices on a line item basis. identifying areas ol'disa+veemcnt and providing a rationale for tile differcilce. t?..? The C..'C)NSI-:L-I- ANT will provide expert witnesses, it' required, to testify in connection With .u)y suit !A late. A supplemental agreement will be ntootiated between the CITY and the C'ON'St, LTAN'T describing the services desired and providing it basis for cc)tt)pcnsation to the C"ONSL T'rANT. 6.4 Upon the CONS L.1L.:fANT'S written rer.lucsl. the CITY will furnish or cause to be Iluri)ished such reports, studies. instruments. documents; and other intorimi ion as the: CONS U! T.TAINT and tr'11"Y mutually deem necessary. 0.5 The CITY and the CONSU'l-TANT cacti hind themselves and their successors. legal representatives and assigms to the other Harty to this :Agreement and to the partners, successors. lo-al rgiresentilt ivcs and assigns ell each other party, in respect to all CoVenallts (It' this Agreement; and, Neither the CITY nor the C()NSUI_TANT will assign or tr.ansfir its interest in this Agreement without written consent ofthe other. ~ Flie CONSULTANT hereby agrees to indemnify and hold hanni ss the CITY, and its ofticers and employees, From liabilities, damau(:s, lasses atld costs, including. but not limitccl to, reasonable attorney's fees, to the extent cattscLi by the negligence. recklessness or intenti(lrlally Wrangful eanduct of the design professional and other persons employed or Ul I--XI by the cicsipl prollessional in the performance of t.lle contract. It is speciticall,v undcrstood and agrcCLI. howcvcr. that this indenimficaltion agreement does riot co%cr 01, iIlLlcnulil\- the ("IT Y for HS OW11 IleglrgenLC. 1-lie C ONSL.:L I ANT ltcreby further avrecs to indenlnil;v and hold harmless the CITY from any and all finds, costs, and e:vperlseS Caused bv, directly or Indirectly. with the CONSULTANT'S failure to comply will) aiiy applicable laws, statutes, ordinances, or government regulations. l..? The CONSULTANT agrees not to engage the services Lai" any person or persons in the, e111ploy of tllc CITY to an allied capacity, on either a full 01' hart-time, basis. on the date of the signing of this Agreement. or dUring its term. 6.5 Kcv PCIsonnCI :tSSlg1lCLI to CITY prcl_jects by the CY?NSLIL ANT shall not be removed from [tic pro.lects until alternate personnel acceptable to the CITY arc: approved in wrlt1118 by tilt CITY, Key persomlel are idelllitied in the submitted Statement ofQualification.s. h.`l The CONSULTANT shall attach a linel'status report on the. project(s) \%ith each request for payment. 7.t1 C UNII LENS. F10N, 7.1 The CONSULTANT shall be compensatcd for all services rendered under this Agreement in accordance with tile provisions of cacti Work Order, upon presentation of C'C)N,SLJ1.TANJ.-S invoice. Ail h(rur-ly rate se.hc(IulC an(.t typical nlethOds Of Coll) pensation are allached hereto as L'Allibit ""C.,". 7, ' L:xeel7t as Ina.' lie addressed In tale initiating Work Girder, the compensation tilt sel?Ices Shall be invoiced by the CONSULTANT and 1.1aX1 by the CITY 011C C C3CII 1171111th. Suell irtvoiCCS shall he due and payable within 30 days ofrcceipt. _t The CONSI..-TANT agrees to allow full and Open inspection of payroll records and expenditures in connection with hourly rate and cost plus fixed fee work assi±;n?llcrlts ttl/on request of the CITY. 8.11 P1110111131TION AGAINST CON-1'INGENT FFES -file C'ONS(.:I._7"ANT warrants that it has not employed or retained any company or person, other than it bona fide; employee %vurking solely far the CONSULTANT to solicit or secure this A-retnlcllt and that it has not paid or agreed t?:) pay any persons, conlp:arly: corporation, 'nd'vidu:al or find, other than it bons fide employee working Ior the (J)NSU rAN any Ice, currlmission. percentage. gift. or any other consideration. cnnt'u4"ent upon 01' resulting From the award or making of this Agreement. "J ti '.fEItNIINATIQN This 'A"reerlle.nt rosy be terminated by either party with semen () days prior written not're, in the event ol'suhstantial failure to perform in accordance +vith the. terms hereof' liv the other party through no gull of' the terminalint party. If this A"reemcnt is tcrll1lnatcd, the CONSULTANT shall be paid in accordance. with the provisions ott' outstanding Work Orders for all work perlormed up to the (late al tcrtl?in:tli?att. l?i.u SLSPENSION, C,%NCE LLATION OR ABANDONMENT If the project described in any Work Order is suspended, canceled. or abandoned by the C'll l %sithout :rl'tcclin_g any other Work Order or Ill's Agreement, Elie CONtit_ILTANT shall he gi?cn five (5) days prior written notice ol*su::l1 action and shall he compensated l'or prol'essional services provided up In the date of SLISPelIS1011, c:ulrcllat1011 ul' abandonment, I his Agreenicnt shall be adimnistercd and Interpreted un.dcr the laws of tile. State c& I' lor'da. I I.0 TERMINATION OF CONVENIENCE Either the CITY ur the CONSULrANT nlay tr:rIllinate the Agrcc111C111 at. any time by :jv'.Itg ??'r'ttctt notice to the other of such lern111tatioll and spcc't,ying the elNicctive date ot" such termination at least thirty (301 days before: said tennination dat'c. If tltc. Agreement is terminated by the CITY as provided herein, the C'ONSLILTAN"l w'll he paid for services rendered through the date of termination. IN 11 ITNFSS Wlli-Rl:-OF', the parties hireto have made and ex da% and %var lirst above written. A A Countersigned: By: l'r?lnk Hibbard Mayorf 1winicilmember Appriwvd Va. t f nt and / Clltilo Soto Assistant C*it%l Attorney By'. _Rob, v ice this Agreement on the ent 13v: CITN' Ql' C'1.EARAVATE:R - U--,L. -w: f -- - ,, . ?, OP."KA -- William B. Houle, 11 City kianagQr ATTEST: rt C.'yntili :. uclcau City C' erk S?A?cftyy v EXHIBIT "B" RISK,MANAGEMENT / INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS ST,\TENIENT O PURPOSE: .Hie (`it% of Cleamater enters into agreements and contracts fior services widior products of o(hcl' parties. i%i'TC menu and contracts shall contain Risk. Nianagement.'Insurance terms to protect the C'ity'y interests and to minimixc its polential liabilities. Whenever applicable, thu 1ollowinp tcrttts shall be included in aUrccments and cotttracls. CITY DF.FI\FD Tic tcrrrt '"City" 00crever it may :appear) is alctincd to mean th.e City itself, its Council„ the Community Redevelopment Aycncv of file City ol'Clearwater. I Florida governmental a-gency created pau-u0171 to I'art Ill. ('hapler 103. Florida Stalutcs. its duly appointed officers, or other public bodies, 0I'1icers, employces. volunteers. representatives and agents. OTHF..R PARTY DEFINED Tic term "other party" (wherever it may appear) is defined to mean the other person or entity which is ;a pally to an ;agreement or rorltr'act Willi tltc Cit)I, any subsidiaries or affiliates, officers, employees, ti Oluntcers. rrpresentallves.:agents, contractors. and Subcontractors. Ilc.)1._D 11ARMLESS The- (`'ity shall he held harmless against all claims for bodily inj'ur'y, sickness, disease. death or pcrsolral injure or dan7age to property or loss of use resulting therefrom, arising chat of the a2?rei:.a1t4nt or Contract unless such claims arc a result of the C'ity''s sole ne?liacncc. Y I-lie other party agrees to pay on behalf of the City, and to pray the cost of tlae City's legal defense. as may be selected by the City, for claims or suits arising from the faatit Of the inter party or other l1el's01ts emhloyt:d Or utilirC(I Irv the other party in the performance of the coulr'act. Such p"aymem kill beball'ol"the (,'ity shall he in additiart to any and all other legal remedies available to the Cily and shall not be cunsidered to be the City.`s cxclusI e remedy^.. I14? 1'12A v(IV -i'ltc other party shall provide the lOllowwing described insurance, except kw co, Qragc's specificallw ww,aiw cd by the City, on lit) hcies and ",I I I I insurers acceptable to the City. These insurance rcquirctaacttts shall riot limit the liability of the other party. The City does not represent those t}pes or amounts ?if insurance to be sufficient or adequate: I(j prolecl the outer party's imerests or liabilities, but are merely minimum. except for \Vorkcrs' Compensa ion and Professional Liability, the other party's insurance policies shall be cndors?:d to name the Citv as an additional insured to th< extent of-tile C'ite's interests unsin, from this contract or a,recnlent. y Fxcept tier Workers* Compensation, the other party wyaiwcs its rube of recovery against tl?c City, to the extent permitted by its instu'anCe paliCies. The other paty shall request that its insurers' policies include or be endorsed to include; a sevcrability of" interetit.cross liability provision so the City will he treated its il'a separate policy were in existence. v Jthoul increasing; the Policy limits: The other party's dcdttctibles.'self-insure(I retentions shall be disclosed to the City and may be disapproved by tile. City. They shall he reduced or eliminated at the option of the City. The other- party is responsible Ior the amount of ally deductible or scl f=insured retention. 1\ rankers' Compentiation Coverar.e The ottllel- p:u"ty shall purchase and maintain Workers' Compensation Insurance tar all workers contllcnti.uiott obligations imposed by state l;tww and employers liability limits of at Icaat S100.000 Carle aICCHLont and 100.000 each. employec'S51)o.()O0 polie.y limit Ion disease. -["Ile other party shall also purchase any other eoverage:'s required by laww I'm the benefit of the 4111p lovecs. General Autttnmhile anti ,wess or Umbrella IL.iabilit ' Coverage File ottlcr par"',y' shall purcha.sc and maintain coverage on Iiirms no more restrictive than the latest editiotns of the Con?mcrcir.al or Comprehensive (jencral liability and Business ;auto policies of the I rtan-mice Services o 11 ice. tilininturJl limits o1"$ (501.i111t1 per occurrence: for all liability must be provided. with excess or umbrella instu-mice mu?k.ing up the difference. Warty. between the polity linlits of underl}7ng policies (Including emploaycrs liability required ill the 1Vorkcrs' Compensation (:'overage section) and the total amount cif' coverage required. C.'onlmercial (-S neral Livability 1fC.'ommercial Central Liability coverage is provided: Coy crrt;:'c S11a11 include premises, operations, products and completed operations, independent contractors, contractual liability cov ring this :iorccrllertt or contract. and broad farm property damage co% crage's. Coverage _'13": Shall include personal injury. C'o%erage -'C ,M.edical payments are not required. Occurrenee Forth: The occurrence luml L-AfCommercial Gencral Liability nurst bC prm-idc(I. Comprehensive General Unbility 11'C omprehensive General I. iability coverage is provided it shall include at least: Bodily injury and proper[), damage liability liar premises. operations, products`et)nlpleted operations, irtdepencletlt cearltracti.}rs, and prtai?erty ilaala:t?c resulting from explosion. collapse or underground (x,c,tr) exposures. • Broad Form Comprehensive General Liability coverage. or its equivalent. avitlr at Icast.: S1.000.000.00 • Broad l(rin contractual liability covering this agreement or contract, personal injury liability and broad forth property damage liability. ProductsiCompleted Operations Coverage I'lle other pal-ty is required to continue to purchase products contract or agreement. star a mimmum of throe years (z) beyond the City's acceptance of rtltovation or construction projects. Huxiness .,-'tutor Liahilit Busincss Auto Liability, coverage is to include bodily injurv and property danlt?ge arisinu out cal` operation, maintenance or use of any auto, including ONned, Moll-owilecl and hired automobiles and emplovec non-ownership use. Watercrat't/Aircraft Liability 11' the ollwr PWIr " ti p1,0ti lsion ?A" services Involves utiliranon of' "atercrall Or aircraft. %%alcrcrali ifflt[ +r aircralt I ahility coverage must he provided to include headily injur.t and properly damage arlsin;L, Out of ownership. maintenance or use ul' any watercraft or aircraft, irtcltrdi?lg LMncd, non- Occ ned and hired. Excess or Umbrella I.iahili I.Jimbrclla l..icrhility insurance is preferred, but an Excess Liability equivalent na.ay he alk)\ Ged.. Whicheccr type of coverage is provided. it shall not be more restrictive titan the urnlcrlyin,v insurance policy coveraue's. Require+i insurance shall he documented in Certificates of Insurance that provide that the C,'ity shall he notified at least thirty (+U) days in adVancc ofcancellation or non-renewal. C,onsullanl shall he required to provide City with notice of arty adverse change. New Comficales Of 11ISUranCe al-C to be providcd to the 0tv at least lifleen (15) days prior to coverage renewals. 11' requested by thc• City, the other party shall fumish complete copies of-the other party's instu Artce policies. lOrms, and endorsements. The address where all such Certificates of insurance and policies of insurance. k hen requested, shall lie sent ordeliycrcd is as Ioltocys: City of Clearwater Attention: City Clerk P.O. Box 4718 Clearwater, Florida 33758-3748 for C' immercial Gcncral Liability coverage. the other party shall, at the option of the C.`ity, l•+ro%ide an indic:atioat of the amount of claims pa}71nents or reserves chargeable to the aggregate anioun? of liability Coverage. Receipt ol" certi licatcs or other documentation c,f insurance or policies Or copies of policies 1)v floc 01y. or by any eat it, repr4se:•aytyalives, that indicate less coverage than required clues not constitute ra %kaAcr of tile ether party's obligation to fulfill the insurance requirements herein. INSURANCE OF 'UHF: OTHER PAR'1'1' PRIMARY Insurance rcgtlired of' the other party or any other insurance of the other party shall he considered pt-irr?:117?., and ilt ur.ance cif the City shall lacy considered excess, as may be applicable to claims that arise. out ul*tlte 1101d liant?less, PaN-incut on Bchalfol"('ity. insurance, and Additional insurance and ('ertilicatcs ol-lnsuranct: provisions of this agreement or contract. LOSS CONTROL / SM-17N Precattlion shall he exercised at all times by the other party for the protection ol' all pcrsints. including citiployees, anti property. The other party shall be expected to comply with all applicable laws. regulations, or ordinances related to safety and hcalth and shall make special efforts where appropriate to detect hazardous conditions and shall take prompt action where loss Coll tral:'safety measures should reasonably be expected. The City. 111,1%- order xrork t« he stopped il'cunditions exist that present immediate danger to persons er p1,0hcr1NI '1'hc ether party acknowledges that such stoppage will not sltil) responsibility Ior ,im damages from the other party to the City. C'O.NSIDIER_ 'HON FOR .HOLD IIARI\1LF:SS/PAY.NIEN'I" ON BEIIIIALF" Applicable to Florida Construction Contracts Tlic other party agrees to accept, and acknowledges as an adequate amount of' remuneration. the cemsideration ol* S l tl0.0(,l For agreeing to the Hold Flarmless. Payment oil Behalf of'City, Insurance and C'erl-11 ales of Irlsurance provisions in this agreement or contract. ADDI'HONAL INSURANCE FOR REPAIR OR SERN'WE. OR OTHER CONTRA("'1"S II' checked helow. the City rcgLlires the follo\%ing additional provisions or types alt insurance (or repair or service or other contracts to aflurd added protection against loss Wliich could al'fiXt tile work being perfonned. C:omniercial General Liability Increased General Aggrcggate Limit "file rrtirtirturrlt co11lrrlercial general liability general aggregate limit shall be 1.31,000.000,01! that is greater than the occurrcllcc limit simply because it is wn annual aggregate limit. insiallatir?n Floater Insurance Installation I'louler insurance is to be provided to cover damage or destruction to eyuipmcm being installed or otherwise being handled or stared by the other party. '['Ile .111101,1111 of'coverage should lie adequate to provide lull replacement value of the cyuipnlcnt being installed, otherwise lacing handled or stored oil Or. Off premises. All risks coverage is preferred. Mulch- I'ruric Cargo Insurance It.,the Installation f=loater inaura11cc does not provide transportation coverage, sep: vote Nfolor "l_ruck Cargo or'IrarlspOrtalion insurance is to be provided 1br materials ur equipment transported in till Other- p.ritr *S yrhicleti fi-Mil place gal" reccipt to building sites or other storage sites. :111 risks covered are prel'G -l,e1l. Contractor's Eguipinent Insurance Contractor'-, C quipmcni insurance is to be purchased to cover loss of equipntcrlt and machincr-V wi li/ed in the perionnance of N%ork by the other party. All risks coN eraee is preterrecd, Fidel ity/i)islion esty insurance - Coverage for Emplove i'Idehty Dishonesty insurance is to be purchased to cover dishonest acts of the other party's employees. including; but not limited to they of vehicles, materials. sul)plics, ccluiprncrtt, tools, etc.- especially property necessary to work perl'onned. FFidelii%/Dishonesty/I.iahility Insurance - C'overa a ror City Ht Iv IIIyDislit.)ncsly 1_iabillIV rnSUrLlllCC is to be I)LINI ased or extended to cover dishoncst acts of the oilier party's cmhloyces restlltiny, in Iris it) the City. X1)1)1"I IC)\r?1. INSURANCE FOR RENOVATION Olt C'ONS'i' IUC4TION C'ON'll-RAC:"I"S Ifchccked below, the City requires the 1161lowing types of insurance for renovation or co?astruction contracts, in addition to required coverage's previously cited, including Additional lttstt-artcc tier Repair or Scry ice or Other Contract. Commercial General C.iahilih' Project A2greQate C3ccausc the Commercial General liability form of coverage includes all annual aptirc?;atc lirttilatiort an the amount 01' insurance provided, a separate project ag-gregate limit is required by the C'iiv for this contract ur agreement. Owners Protective L.iathilih' For renovation or construction contracts the other party shall provide for the City an O iers Protective Liability insurance policy (preferably through the other party's insurer) to the name of the City. Builders Risk Buildcrs Risk. insurance is to be lurchased to cover the property fur all risks of loss, subject it) a %%uiver of coinsurance, including coverage of risks indicated in the Installation Floater and Motor Truck Cargo insurance previously dcscribcd it' st?cli coserage's are not separately provided. The Buildt;rs Risk insurance is to be endorsed to cover the interests of all parties, including the City and all contractor's and subcontractors; The insurance is to be t,:rrclorsed to grant permission to occupy. PROFFSS1ONAL LIABILITY1IALPRACTICE AND/OR ERRORS OR OMISSIONS If checked l.teloxN, the City requires the fiollowinL terms and types of insurancc Im professional, malpractice. and errors or omissions liability. Bold Ilarmless Iltc Cite shall be 11CILI harmless against liabilities, damages, losses and costs, including, but not limited tu. reasanable attorney's fces, to the extent caused by the negligence. recklessness or Intentionally wrongful conduct of the design proiesstonal and other persons or entities employed. controlled, or utilized by the design prolessional in the perliarmanee of the contract. The C'it% shall also be held harmless against all claims for lines costs, cxpenscs caused hy, directly or indirectly, by the design professional and other persons or entities employed. controlled, or wilized by the design professional that failed to Comply with any applicable laws, statutes, ordinances, or government regulations. attd ,a};aittst colter persons' financial loss with respect to the provision of ur Elilure to provide professio teal or other services resulting, in the design professional's professional. malpractice, errors, or omissions giving rise to liability from the p4r1'orrnancc 47f the agrcentcnt or contract.. lt: is specifically understood and ;agreed, however, that this indemniticationrhold harmless agreement dotes not cover or indemni fy the City for its own negligence. Professional 1._iabilit\'/,Nl a1 ractice/Errors or Omissions Insurance The other party shall purchase and maintain protcssional liability or malpractice or errors or omissions insurance appropriate for the type of business engaged in by the other party with minimum limits of 51.t]t)ll,ooo per occurmice• If a claim's made lorm of covcrage.IS provided, the retroactive date oai'covcrage shall be Ira later than the inception elate of Claims made coverage. unless prior policy was extended indefinitely to cover prior acts. (,'overage shall be extended beyond file policy year either by it supplemental extended reporting period (E;RP) of as great duration as available, and with no less emerage 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 prerN iditt? services or products to the City %r ill he expected lu enter iota a written atgreerntttt, 0111.1'30, Or purchase order ?% itlt the City that incurporatcs. either in writing or by reference, all of the pcrtinent provisican.S relating, to? insUranl`e and insurance requirements as contained herein. A latlure to do so. rrtav. at the sole discretion of the City. disqualify any party From performing services or selling 111'01luctw to the City provide(t. however, the City reserves the right to waive: any such requirements. PROVISION OF PAYMENT BASIS FOR PAYMENT -I`he ow fwr ;hall pay CONSL:.L,TANT and CONSULTANT agrees to accept as lull compensation far its scrvice:s (as established by Work Order) compensation as computed by one of the lolloww Hq; methods; Method •"A" Costs Times ,Multita_liev basis -- Compeniation in the foriii of actual costs times at multiplier as deiennined by the liallowving l(orr11Uh; \ctual raw Salary Cost -X MUlliplier *. subc+onsultant C st + Other Direct Costs. \lultipficr please see attached includes fringe benefit rule, overhead. operating tnar',in wid profit and is subjt;ct to annual reviewv. SUIX011tillltallt Costs afro ;actual costs incurred tittles a factor of 1.00. Actual costs shall be based on hilling rates for required labor classifications. (;Mier Direct Costs are actual C.ostS incun-ed for travel outside of l.ampat Bay area, priming. copying, long distance icleptione calls, etc.. times a factor of I ,00. 1Eethotl "B" -- E umy Suns - core pois,ation in the lip ] 01'1111.11p su111" shall be determined by rnutuaal, agrectlicnt between the C"t)NS L.TAN " and the City. The lump stud amount shall be negotiatcd based upon a scope of services developed by the CONSULTANT and approved by the C itv. Es'E"EmATE:S FOR ACTUAL DIES CT PAYROLL COST (EXCLUDING OVERHEAD, FRINGE BENEFITS AND OPERATING MARGIN) I lie estituc.mal hourly rates below- represent July 2009 costs and calogories: Periodic cll.atl?.es our anticipated and t11t1thficatinn Cali be rlUdC 311TIMIlly upon City and ('ONSt..'LA r1.N1' review-. (Note. All rates are hourly salar}' rates). ACRD, CERTIFICATE OF LIABILITY INSURANCE 7/23/20 9' PRODUCER (201) 262-1200, Fax(201)262-7810 Fenner 6 Esler Agency, Inc. 467 Kinderkamack Road THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 60 Oradell NJ 076490060 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: The Charter Oak Fire Ins. Co. Biller Reinhart Structural Group, Inc. INSURERB:ACe American Insurance 4014 Gunn Highway, Suite 248 INSURER C: INSURER D: Tampa FL 33618 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN 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. REGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DAE MM/DD/YY POLICY EXPIRATION DATE MM/D Y) LIMITS GENERAL LIABILITY 680-87B3L610.-COF-09 03/01/2009 03/01/2010 U CE -EACH $ 2,000,000 X COMMERCIALGENERALLIABILITY PREMI EDAMAGES( oc e RENTED $ 2r000r000 A CLAIMS MADE ? OCCUR MEDEXP An one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: S - COMP/OP AGG $ 4,000,000 POLICY X i LOC . F7 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 2,000,000 A ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIREDAUTOS 680-8783L610-COF-09 03/01/2009 03/01/2010 BODILY INJURY X NON-OWNED AUTOS (Per accident) $ F PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ DEDUCTIBLE $ REJENTjQN $ $ WORKERS COMPENSATION AND ' ATU- OTH- EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DI E SE - EA EMPLOYEE $ If yea, describe under SPECIAL PR V I N E.L. DISEASE -POLICY LIMIT $ $ OTHER Professional Liability Claims Made Form EON N04084925 002 03/01/2009 03/01/2010 Per Claim Limit $1,000,000 Aggregate Limit $1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Additional Insured - Certificate Holder as respects general liability where required by written contract. CERTIFICATE HOLDER rANrFI I ATIAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Clearwater EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL PO Sox 4748 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Clearwater, FL 33758-4748 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE -,P Timothy Esler/KATHY ACORD 25 (2001/08) 1uCn9r mind no.. ® ACORD CORPORATION 1988 0- 1 of 1) 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. ACORN 25 (2001108) IN50251oloai.osa Page 2 of 2 A`? °? CERTIFICATE OF LIABILITY INSURANCE ` 200'9'"' F °Z 3 PRODUCER Phone: 305-421-0900 Fax: 305-421-0999 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Frank Crystal & Co of FL, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 800 Brickell HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 1500 Miami FL 33131 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA:Illinois National Insurance C 3817 DecieionHR, Inc. INSURER B: 100 Carillon Parkway, Suite 350 Saint Petersbur FL 33716 INSURER C: g _ -? INSURER D: 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 DESCRIED HEREIN IS SURLTECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY EFFECTIVE POLICY EXPIRATION L POLICY NUMBER DATE (MMfppryyyyj AT MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIALGENERALLIABILITY DAMAGE RENTED PREMISES Ea occurrence $ CLAIMS MADE ? OCCUR MED EXP An one person $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS - COMP/OP AGG $ IJECT F7 PRO LOC POLICY F AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY - EACH OCCURRENCE $ ICLAIMS MADE OCCUR F AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 013075255 6/1/2009 6/1/2010 VVC STATU OTH- X LIMIT's ER TORY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ? E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1, Q Q Q, 0 0 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS illerReinhart Structural Group, Inc. CERTIFICATE HOLDER rANrFI I ATION-2 n SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE City of Clearwater CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO PQ Rox 4748 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Clearwater FL 33758-4748 THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE jM too q ACORD 25 (2009101) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance 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. At;UKU 25 (ZUUUIU'I)