AGREEMENT FOR PROFESSIONAL SERVICES (23)EXHIBIT "A"
AGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on the 10zy- day of , 2009
by and between the City of Clearwater, Florida (CITY) and HDR GINEERING, 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 PROFESSIONAL TECHNICAL SERVICES
2.1 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 System 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,
environmental 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
• 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, including 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
8. 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
13. 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
herein. 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 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 not intended 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 CONSULTANT 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 representatives and assigns of each other party, in respect to all
covenants of this Agreement; 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 hold harmless the CITY from any and all fines, costs, and 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 invoiced 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 PROHIBITION 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 accordance 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 (S) 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 TERMINATION 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.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date and year first above written.
HDR E.Vd';01ter;1'j1
%J 4-j
By: r
W:I?ie1?q N? 1?t,?R? swOR? pctGNfi'w vice fW;4er(
WITNESS:
By:
Paul A. Bowdoin, PE
Senior Vice President
Countersigned:
Carnilo Soto
Assistant City Attorney
CITY OF CLEARWATER
By:
William B. Horne, II
City Manager
ATTEST:
City Clerk Frank Hibbard
By: ??- ?2? Z"
Cyn E. oudeau
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 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 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.
Coverage "C": Medical payments are not required.
Occurrence Form:
The occurrence form of Commercial General Liability must be provided.
Com rehensive General Liabili
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: $1,000,000.00
• Broad form contractual liability covering this agreement or contract, personal
injury liability and broad form property damage liability.
Products/Com feted Operations Coverage
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 Liabill
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 Liab
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
ty
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.
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, Florida 33758-4748
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
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 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 shift responsibility for any
damages from the other party to the City.
CONSIDERATION FOR HOLD HARMLESSMAYMENT 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 which 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 $1,000,000.00 that 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.
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 vehicles from place of receipt to building sites or other storage sites. All risks covered
are preferred.
Contractor's E ui ment 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.
Fideli"ishonesty Insurance - Coverage 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.
Fideli/Dishones /Liabili Insurance - Coverage 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 Contract.
Commercial General Liability Proiect Aggregate
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 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.
X Hold Harmless
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 of the design professional and other
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 design professional and other persons or entities
employed, controlled, or utilized by the design professional that failed to comply with
any applicable laws, 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 Liability/Malgractice/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 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 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.
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 Times Multiplier Basis -
Compensation in the form of actual costs times a multiplier as determined by the following
formula:
Actual raw Salary Cost x Multiplier + Subconsultant Cost + Other Direct Costs.
Multiplier 3.10 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 based on
billing rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Say area, printing, copying,
long distance telephone calls, etc., times a factor of 1.00.
Method "B" - Lump Sum --
Compensation in the form of "lump sum" shall be determined by mutual agreement between the
CONSULTANT and the City. The lump sum amount shall 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 CONSULTANT
review. (Note: All rates are hourly salary rates).
CITY OF CLEARWATER ENGINEER OF RECORD RFQ 12-09
2009 DIRECT HOURLY RATES
HDR ENGINEERING, INC.
Job Classification
Minimum Rate
($ / hour)
Typical
Maximum
Senior Vice President $74.00 $87.00 $103.00
Vice President/Officer-in-Charge $58.00 $68.00 $82.00
Project Manager/Associate Principal $50.00 $58.00 $70.00
Construction Manager $46.00 $53.00 $64.00
Construction Engineer $28.00 $34.00 $40.00
Senior Engineer/Scientist $46.00 $54.00 $65.00
Engineer/Scientist (III-IV) $37.00 $43.00 $52.00
En 'veer/Scientist (I-111) $26.00 $31.00 $37.00
Planner $33.00 $38.00 $46.00
Landscape Architect $31.00 $36.00 $43.00
Field Technician $19.00 $22.00 $26.00
Senior Designer $31.00 $36.00 $42.00
Drafter/CADD Operator $20.00 $23.00 $28.00
Operations Specialist $30.00 $34.00 $41.00
Fiscal/Accounting $25.00 $30.00 $36.00
Administrative/Clerical $17.00 $20.00 $24.00
MULTIPLIER: 3.10
_..1.1
ACORDTM CERTIFICATE OF LIABILITY INSURANCE 6/1/2010 DA7/30/2009wv)
PRODUCER Lockton Companies, LLC-l Kansas City
444 W. 47th Street, Suite 900
Kansas City.MO 64112-1906 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.
(816) 960-9000
INSURERS AFFORDING COVERAGE
NAIC #
INSURED HDR ENGINEERING, INC. INSURER A: Hartford Fire Insurance Company 19682
1013472 8404 INDIAN BILLS DRIVE INSURER B: Allied World National ASSUrancc Company 10690
OMAHA NE 6 81 1 4-4 049 INSURER C New I lam >shire Insurance Company 23841
INSURER D: Insurance Com an of the State of PA 19429
INSURER E Zurich American Insurance Company 16535
1 HIS GERI IFICA1C OF INSURANUCUOCSNU I DUNS 11 I U 1 t A GUN I KAU I WEl WCCN INC 155u1Nu
rnVGaerFC 14r)R INOI \A R RIC1 A nRnan GFwRFAF JTATl1/FfRP Rnn11r FR ANn THE r:FRTIFI ATF Hni nFR
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.
INSR
LTR
DD'
N5R
TYPE OF INSURANCE
POLICY NUMBER OLICY
EFFECTIV
PD ATE (MMIDDNYE
PDATE MMIDDfYYON
LIMITS
GENERAL LIABILITY EACH OCCURRENCE 1,000,000
A X COMMERCIAL GENERALLIABILITV 37CSEQU095(1 6/1/2009 6/1/2010
A" NTFQ
"L ETOaoccurence $ 1,0000()0
CLAIMS MADE M OCCUR MED EXP Any one person) $ 10,000
X Contractual Llab. PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'l. AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY X PELT X LOC
A AUTOMOBILE LIABILITY
X ANY AUTO
37CSEQUO951 (AOS)
09
6/l/2010
COMBINED SINGLE LIMIT
(Ea accident)
$ 2,000,000
A ALL OWNED AUTOS 37CSG000 6/1/2009 6/1/2010 BODILY INJURY
(Per person)
$ xxxxxxx
SCHEDULED AUTOS n
X A
OS ^?
HIRED
UT BODILY INJURY
P
t
id $ XXXXXXX
X NON-OWNEDAUTOS \\?? er acc
)
en
(
`N PROPERTY DAMAGE
EpR
(Per accident) $
xxxxxxX
GARAGE LIABILITY Pv G AUTO ONLY - EA ACCIDENT $ XXXxxxx
ANY AUTO C `
NOTAPPLICABLE OTHERTHAN EA ACC $ xxxxxxx
AUTO ONLY: AGG $ XXXXXxx
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ T 000,000
B X OCCUR L I CLAIMS MADE 0012177/001 6/1/2009 6/1/2010 AGGREGATE $ 1,000,000
(EXCLUDES PROP. L1AB) $ XXXxxxx
UMBRELLA
X
DEDUCTIBLE
FORM $ XXXXXxx
X RETENTION $ 0 $ XXXXXXX
ST
WC
a
C WORKERS COMPENSATION AND 3621195 (AOS) 6/1/2009 7/1!2010
MIT ER
LIMIT ER
7
RY
D EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
3621196 (CA)
6/1/2009
7/l/2010
E.I.. EACH ACCIDENT
$ 1,000,000
OFFICERIMEM13ER EXCLUDED? NO E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, descrihe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
E OTHER EOC9260026-02 6/1/2009 6/1/2010 PF.RCLATM;$1,000,000, AGG:
ARCI4S & ENGS S1,000,000.
PROFESSIONAL
LIABILITY
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
RE: 2009-2012 CITY OF CLEARWATER - ENGINEER OF Rh.CO1ZD AGREE'ME'NT' FOR PROFESSIONr\L SERVICES. THE CITY OF CLEARWATER,
FLORIDA ARE NAMED AS ADDITIONAL INSURED ON GENERAL, AUTOMOBILE, AND EXCESS LIABILITY AS PER WRIT PEEN CON'TRACT', ON A
PRIMARY, NON-CONTRIBU'T'ORY BASIS. WAIVER OF SUBROGATION APPLIES WI IFRE APPLICABLE BY LAW. SEVERABILIT'Y OF INTEREST'S
APPLIES.
CIFRTIFICATF HOLDER CANCELLATION LV155091 [N169861
10609419 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CI'T'Y OF CLEARWATER, FLORIDA DATE THEREOF, THE ISSUING INSURER WILLX%XX))MXXMAIL 30 DAYS WRITTEN
ATTN: CITY CLERK NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 11DMKl>MXQ[D(0C9Q)fi}dALX
PO BOX 4748 p0R0u7d?(I?BL7Ca9d7i?lAIICi?f1EZ6A0DQS?10XQQ4T)QIA)6C1? ?74XA4EN71$
CLEARWATER FL 33754
AUTHOR PRESENTATIVE
I _j
ACORD 25 (2001/08) For queatlonsrcgardingtldlcertificate, contectthenumber listed in the'Pmducersactlonabov.and sp?clfylhoclledwda'WRIN01% @ ACORD CORPORATION 1988
POLICY NUMBER: 37CSEQUO950
HARTFORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED BY CONTRACT OR AGREEMENT -
OPTION II
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Blanket coverage as required by written contract-
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule above with whom you agreed in a written contract or written
agreement to provide insurance such as is afforded under this policy, but only with respect to liability
for "bodily injury", "property damage" or "personal and advertising injury" caused by:
1. Your acts or omissions or the acts or omissions of those acting on your behalf:
a. In the performance of your ongoing operations for such additional insured at the project(s) or
location(s) designated in the Schedule;
b. In connection with your premises owned by or rented to you and shown in the Schedule; or
c. In connection with "your work" for the additional insured at the project(s) or location(s)
designated in the Schedule and included within the "products-completed operations hazard", but
only if:
(1). The written contract or agreement requires you to provide such coverage to such additional
insured at the project(s) or location(s) designated in the Schedule; and
(2). This Coverage Part provides coverage for "bodily injury" or "property damage" included within
the "products-completed operations hazard".
2. The acts or omissions of the additional insured in connection with their general supervision of your
operations at the projects or locations designated in the Schedule.
B. The insurance afforded to these additional insureds applies only:
1. If the "occurrence" or offense takes place subsequent to the execution of such written contract or
written agreement; and
2. While such written contract or written agreement is in force, or until the end of the "policy period",
whichever is earlier-
C. With respect to the insurance afforded to these additional insureds under this endorsement, the
following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising
injury" arising out of the rendering of or the failure to render any professional architectural,
engineering or surveying services by or for you, including:
1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders, designs or specifications; and
2. Supervisory, inspection, architectural or engineering activities.
Miscellaneous Attachment : M5509
Certificate ID : 10609419
D. How Limits Apply To Additional Insureds
The most we will pay on behalf of the additional insured shown in the Schedule is the lesser of:
1. The limits of insurance specified in the written contract or written agreement; or
2. The Limits of Insurance shown in the Declarations.
Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations
and described in this Section.
P. Duties Of Additional Insureds In The Event Of Occurrence, Offense, Claim Or Suit
The Duties Condition in Section IV - Conditions is replaced by the following and applies to the
additional insured shown in the Schedule:
1. Notice Of Occurrence Or Offense
The additional insured must see to it that we are notified as soon as practicable of an "occurrence"
or an offense which may result in a claim. To the extent possible, notice should include:
a_ How, when and where the "occurrence" or offense took place;
b. The names and addresses of any injured persons and witnesses; and
c_ The nature and location of any injury or damage arising out of the "occurrence" or offense.
2. Notice Of Claim
If a claim is made or "suit" is brought against the additional insured, the additional insured must:
a. Immediately record the specifics of the claim or "suit" and the date received; and
b. Notify us as soon as practicable.
The additional insured must see to it that we receive written notice of the claim or "suit" as soon as
practicable.
3. Assistance And Cooperation Of The Insured
The additional insured must:
a. Immediately send us copies of any demands, notices, summonses or legal papers received in
connection with the claim or "suit";
b. Authorize us to obtain records and other information;
c. Cooperate with us in the investigation or settlement of the claim or defense against the "suit";
and
d. Assist us, upon our request, in the enforcement of any right against any person or organization
which may be liable to the insured because of injury or damage to which this insurance may
also apply.
4. Obligations At The Additional Insureds Own Cost
No additional insured will, except at that insured's own cost, voluntarily make a payment, assume
any obligation, or incur any expense, other than for first aid, without our consent.
5. Additional Insureds Other Insurance
If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance
available to the additional insured, such additional insured must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to the extent that you have agreed in a written contract or
written agreement that this insurance is primary and non-contributory with the additional insured's
own insurance.
6. Knowledge Of An Occurrence, Offense, Claim Or Suit
Paragraphs 1. and 2. applies to the additional insured only when such "occurrence", offense, claim
or "suit" is known to:
a. The additional insured that is an individual;
b_ Any partner, if the additional insured is a partnership;
c_ Any manager, if the additional insured is a limited liability company;
d. Any "executive officer" or insurance manager, if the additional insured is a corporation;
e. Any trustee, if the additional insured is a trust; or
f. Any elected or appointed official, if the additional insured is a political subdivision or public entity.
F. Other Insurance
With respect to insurance provided to the additional insured shown in the Schedule, the Other
Insurance Condition Section IV - Conditions is replaced by the following:
1. Primary Insurance
Miscellaneous Attachment : M5509
Certificate Ill : 10609419
a. Primary Insurance When Required By Contract
This insurance is primary if you have agreed in a written contract or written agreement that this
insurance be primary. If other insurance is also primary, we will share with all that other
insurance by the method described in 3. below.
b. Primary And Non-Contributory To Other Insurance When Required By Contract
If you have agreed in a written contract or written agreement that this insurance is primary and
non-contributory with the additional insured's own insurance, this insurance is primary and we
will not seek contribution from that other insurance.
Paragraphs a. and b. do not apply to other insurance to which the additional insured has been added
as an additional insured or to other insurance described in paragraph 2. below.
2. Excess Insurance
This insurance is excess over any of the other insurance, whether primary, excess, contingent or
on any other basis:
a. Your Work
That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your
work";
b. Premises Rented To You
That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied
by you with permission of the owner;
c. Tenant Liability
That is insurance purchased by you to cover your liability as a tenant for "property damage" to
premises rented to you or temporarily occupied by you with permission of the owner;
d. Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent
not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage
Liability;
e. Property Damage To Borrowed Equipment Or Use Of Elevators
If the loss arises out of "property damage" to borrowed equipment or the use of elevators to
the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property
Damage Liability; or
f. When You Are Added As An Additional Insured To Other Insurance
That is any other insurance available to you covering liability for damages arising out of the
premises or operations, or products and completed operations, for which you have been added
as an additional insured by that insurance.
When this insurance is excess, we will have no duty under Coverages A or B to defend the
insured against any "suit" if any other insurer has a duty to defend the insured against that "suit".
If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of
the loss, if any, that exceeds the sum of:
a. The total amount that all such other insurance would pay for the loss in the absence of this
insurance; and
b. The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this
Excess Insurance provision and was not bought specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this Coverage Part.
Method Of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also.
Under this approach each insurer contributes equal amounts until it has paid its applicable limit of
insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit contribution by equal shares, we will contribute by
limits. Under this method, each insurer's share is based on the ratio of its applicable limit of
insurance to the total applicable limits of insurance of all insurers.
Miscellaneous Attachment : M5509
Certificate 1D : 10609419
POLICY NO. 37CSEQUO951
HARTFORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AND
RIGHTS OF RECOVERY AGAINST OTHERS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Any person or organization whom you are required by contract to name as additional insured is an
"insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as
an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE.
B. For any person or organization for whom you are required by contract to provide a waiver of
subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO
US is applicable.
Name of Additional Insured Person(s) of Organization(s):
Blanket coverage as required by written contract.
Miscellaneous Attachment ; M6996
Certificate ID : 10609419