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AGREEMENT FOR PROFESSIONAL SERVICES (26)E XH..II.BI I' "A" AGREEMENT FOR PROFESSIONAL SERV1C:EaS cnf' "1`hn ' •s AGREEMENT is made . and entered 'into ?nto _ on the l0 ` ? day ... :....._ry(af)?) by and between the City of Clearwater, 1Florida CITY) and KI.. ..::.. CiI1Z C;IMI'( ) R A`iSOC"IA'11 S CORPORATION, (C'ONSUL'rAN"r). W17'NESSETH: WHEREAS tine CITY desires to engage the CONSUI..'rANT to perform certain professional services pertinent. to such work in. accordance with this Agreement, and WI-IER.EAS the CONSU.LTAN"r desires to provide such prot'esslonal services in accordance with this Agreement; and WI-I:EREAS the CITY selected the CONSULTANT in accordance xv.ith the competitive; selection process described in Section 287.055 of the Florida Statutes, and based on innfortttation and representations given by the CO.NSUL'I'AN"r in a Statement ol? Qual.i.fiications dated May 27, 2()09: NOW, TIJEREFORE, in consideration ofthe premises and the mutual benefit:. 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"I'HIS AGREEMEN"1' I.he relationship of the CONSUL"I'ANT 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. d PROFESSIONAL •I ECHNICf1L SERVICES .2 A.- it shall be the responsibility of the CONSULTANT to work with and .-fr 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. I"he CONSULTANrs services shall include developing and presenting advisory opinions regarding the usefulness and continue=d profitability of Water, Sewer and Stormwa.ter Utility System facilities, the sufficiency of the rates and charges for the System services, the prope=r mainteiaanee 017 the elements of the System and the design of capital i?nprovements thereto; roads, drainage, structraral ,analysis, transportation, traffic, environmental and gas systems. Representative assignment areas are expected to include. but not be limited to, planning, studies or design service=s as listed below: 1 . Prepaaraation of construction drawings, specifications and bid docume=nts for public works Projects, including but not limited to: • structural engineering cl.eanean.ts • streets and roadways, including intersection improvements • parking facilities • utility infrastructure, including water, wastewater, natural gas, storrh water and reused water 2.. land surveying activities, including title search, aerial target placement, topographic surveys, right-of-way surveys, pre=paration ofright-of=way control surveys, preparation of right-of-way mappingiparcel descriptions/parcel sketches 3 „ architectural services 4. transportation improvement planning and studies, including Project Development & Environment (PD&E) studies . appraisals of land under consideration for acquisition by the C fl"Yr f:. traffic operations activities, including traffic signal warrant, analysis, safety studies, preparation. oft.raffic :signal construction documents, preparation of pavement marking & signing plans, assistance as needed with the implernentatioll of timing plans for and the operation of the City's Urban Traffic Signal Coanputer System 7 . hazardous materials investigations, mitigation;rem.ediation plans and associated tasks S. management of construction contracts 9- review and assessrnernt of the applicability of design, build contract,, for various CITY improvements C . development/preparation of grant applications for CITNI projec=t=s 1.1 , preparation of permit application packages, including water, Nvaste 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 b? faire appropriate regulatory bodies 1 . environmental audits, including evaluation of hazardous materials potential, archeological or historical resource ti, impacts to threatened or endangered species 13. hydraulic/hydrologic modeling of streams, watersheds, aquifers, etc. 1.4. development of wetland mitigation plans, including compliance tnon.itorittg 15, water quality monitoring, including report preparation 16. preparation and irnpleinentation of public involvement programs, including graphics (presentation boards, slides, htutdouts, etc.) 17. studies related to stortnwater management, master planning, design and financhig, including stormwater t?tility.feasibility and implementation 18. studies related to rates, user charges and impact upon various agreements between tite CITY and its custotners, suppliers and consultants 19. studics 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 ?.naster planning and design of planned improvements , 5 . preparation of traffic calming plans 22 . landscape and irrigation design 23 . construction engineering and inspection 24. other work as rttay be reasonably required under the general scope of' professional and technical engineering or other area of expertise services in connection. with tile 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-L'ipon detailed scope: (if work, fee, and schedule of perforrrlance in accordance with applicable fiscal and budgetary constraints. Total compensation 'for all services shall not exceed $ I UO,000 per Work Order unless specifically authorized by the City Council. 2.3 The CONSUUrANT shall. ?maintain an adequate and competent staff of prol.essi on ally qualified personnel available to tile. CITY for Cite purpose of rendering the required professional services hereunder, and shall diligently execute tite work to meet the completion time established. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect fines for similar services. The CONSULTANT will, When directed to do so lay the CITY, coordinate and work with other engineering and/tar architectural li.riiis retained by the CITY. 3. 0 PERIOD OF SERVICE 3 . I 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 It' the CONS UILTANT'S services called for under any Work. Order are delayed. for reasons beyond the CONSUI..TANT'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 tlre:. 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. INSURANCE REQUIREMENTS Ste Exhibit' ' attached. 5.O PROFESSIONA1, SERVICES/CONSULTANT'S COMPETITIVE: NEGOTIATION AC'Ti' CCNA - Florida Statue 287.055 Pro'fetisional Services requested in this RFP area 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 GKINKRA1, CONSIDERATIONS 6.1 All documents including field books, drawings, specifications; calculations, etc., supplied by the CONSULTANTshall become the property of tile CITY. The CITY acknowledges. t}tat 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 Cl FY hereby acknowledges that esti.tnates of probable construction costs caneaot 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 C:I'TY's approval of the bid documents exceed the CONSUL'TANT'S final cost estimate by more than ten percent (10%), tll.e CONSULTANT shall perform a detailed evaluation of tlae loran bid. The evaluation will review the bid prices on a lime item basis, identifying areas of'disagreement and providing it 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; it basis for compensation to the CONSULTANT. 0A Upon the CONSU.I,TANT'S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and otlaer information as the CONSUL"I°ANT rand CITY mutually deem necessary. 6.5 The CITY and the CONSULTANT each bind th.enrselvcs and their successors, legal representatives and assigns to the other party to this Agreement and to tht: partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement- arid, neither the CITY nor tile CONSULTANT will assign or transfer its Interest in this Agreement without written consent of the other. 6.6 The CONS Ut:I"A.N"7' hereby agrees to indcn7ni y and hold harmless the CI'l"Y, and its officers and employees, from liabilities, damages, losses and costs, including, but not lint.ited 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 indernnrf?eation agreement clues riot cover or indemnify the CITY for its own negligence. The CONSULTANT hereby further agrees to .indernnify and hold harmless the CITY front any and all fines, costs, and expanses caused by, directly or indirectly, with the CONSULTANT'S failure to comply with ally applicable laws, statutes, ordinances, or government regulations. 6,7 -rtie CONSUL ANT 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 sigrxing of this.Agreement, or during its term,, 6.8 Key personnel assigned to CITY projects by the C ONSUM°AN"T' shall not be removed froth the projects. utttiI 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 prajec:t(s) with each request fo r payment. 1,0 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 CONSULTAN'lrv'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 PR.01I1131TION .AGAINST CONT.INGEN (" FEES J, lie ('ONSI,ILT.f M" warrants that it has not employed or retained any company or person, other than a bona tide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, companyr, corporation, individual or firm, other than a bona tide employee tivorking for the CONSUIJANT any fee, commission, percentage, gift, or any other consideration, contingent upon or `resulting &orn the award or making of this Agreement, 9.0 TERMINATION This Agrcetnent, 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 terinin ated. the CONS UUl'A.N"1' 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 CANCELI,,.A'riON OR ABANDON'MEN"I' Ifthe project described in any Work Order is suspended, canceled, or abandoned by the Cl`1')', without affecting any other Work Order or this. Agreement, the CONSUUI'A.NI' shall be given five (5) days prior written notice of such action and shall be conipensated 'for protess.i.onal services provided up to the date of suspension, cancellation or abandorianent. This Agreement shall be administered and interpreted under the law's of the State of Florida. 11.0 TERM.1NA1710S OF CONVENIENCE Either the CITY or the CONSULTAN'(' may terminate the Agreement at any Lillie by giving written. notices to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination (late°,. 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 WI°I.L.EE0I', the parties hereto have made aild exee:ritecl this Agreement oil the elate and year first above written. RISINGER CAMPO & ASSOCIATES CORP. ay: Edward D. Burkett Senior Executive Vice President WITNESS: (DSn/ By: / Countersi.gn.ed: CITY O CL ARWATE R _ By: _ _...__.. ? ....._ "rank I"llbbard William B. Home, .ll N.layor-Councilmember City Manager U A proved as t f r n. and rrectness: (.'alntlo Soto Assistant City Attorney ATTEST: I3y: Cynth E. Croul au " City Clerk i??p`0F?, E11I'l I B Y "B" RISK MANAGEMENT / INSURANCE REQUIREMENTS FOR AGREEMENTS AND CUNTRACI`S STA'FEINTENIT OF PURPOSE 1"hc City of Clearwater eaters into agreements and contracts tear services and/or products of other pa rti es. Agreements and contracts shall contain Risk Managetnents'lnsurance tent to proteet the City's interests and to minimize its potential liabilities. Whenever applicable, the following ternis shall be included in agreements and contracts. CI"C"Y DE F NED The tern "City" (wherever it may appear) is defined to rii.can the- City itself', its Council, the Community Redevelopment Agency of the City of Clearwater, a Florida governmental agency created pursuant to Part I'll., Chapter 163, Florida Statutes, its duly appointed officers, or ether public bodies, officers, employees, volunteers, representatives and agents, ont.ER PAR,rV DEFINED The term "other party" (wherever it may appear) is defined to mean the other parson or entity which is a party to an agreement or contract with the City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agcm-ts, 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 the:re.f:roin, arising out of the agreement or contract unless such claims are a result of the City's sole negligence, PAYMENT ON BEHALF OV CITY `.l'lle other party agrees to pay on behalf of the City, and to pay the cost of the City': 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 rather party shall provide the fallowing described insu'ra'nce, except for coverage's specifically -%vaived by the City, on policies and with insurers acceptable to the City. "I"hest insurance requireillents shall not limit the liability of" the other party. The City, dozes not represent these types or amounts of insurance; to be sufficient or adequate to protect the other party's interests or liabilities, but are inerely ininimuin. 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 tile, City's interests wising from this contract or agreement. Except for Workers' Compensation, the other party waives its right of recovery against the City, to the extent peniiitted by its insurance policies. The other party shall request that its insurers' policies include or be endorsed to include a sovcrability of tnterestrcross liability provision so the City will be treated as if a separate policy were in existence without increasing the policy limits. 'I"he other part.y'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. Tile other party is responsible for the amount of any deductible or self4sured retention. Workers' Cain. )ensatioti 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 cacti ernployee/S500,000 policy limit for disease. 'T'he 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 nio.rc restrictive than tli.e latest editions of the Commercial or Comprehensive General Liability and Business Auto policies of the Insurance Services office. Mininium limits of $500,000 per occurrence for all liability must be provided, with excess or uirib.rella 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 ainount of coverage required. Commercial General J[Aability It Coa niercial General Liability coverage is provided: Coverage "A": Shall include premises, operations, products. and completed operations, independent contractors, contractual liability covering this ac seen-ent or contract, and broad form property damage coverage's. Coverage "B Shall include personal injury. Cove.rag- C": Medical payments are not.rcyuired. Occurrence Form: 'T'he occurrence form of Commercial General Liability must be provided, Comprehensive Genera'l' Uaabt it If'Coaaaprehensivc General Liability coverage is provided it shall include at least; Bodily irajciry and property damage liability for premises, operations, p.roductWcompleted operations, independent contractors, and property damage resulting from explosion, collapse or underground. (x,c;u) exposures. • Broad Portal Comprehensive General Liability coverage, tar its equivalent; with. at least: 51,000,000.00 Broad form contractual liability covering this agreement or contract, personal injury liability and broad Corm property damage liability. Products/Corn leted Operations Coverage 'file other party is required to continue to purchase products contract or agreement; for a ITunitnutaa 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 snit of operation, maintenance or use of zany auto, including owned, nort-owned and hired automobiles and employee non-ownership use. Watercraft/Aircraft Liability if the other patty's provision of services involves utilization of watercraft, or aircrafi, %vatercrali and/or aircrafl liability coverage must be provided to include bodily injury and property da-mage arising, out of ownership, maintenance or use of any watercraft or aircraft, including owned, non- owned and hired. Excess or Umbrella.l.afability 1.3mbrella 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. CERTIFICA,rES OF [NSURANC.E Required insuratce shall be documented in Certificates of Insurances that provide that the City shall be, notified at least thirty (30) clays in advance of cancellation or non-renewal. Consultant shall be required to provide City with notice of any adverse change.. New Certificates of lttsurancc: are to be provided to the. City at least fifteen. (15) days prior to coverage renewals, 14' requested by the City, the other party shall furnish complete copies of the other party's insurance policies. f:or.ins, and endorsements, The address where all such Certificates of Insurance: and policies of insurance, when requested, shall be sent or delive:rcd 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 art indications of the amount of claims payments or reserves chargeable to the aggregate ataac:truat 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 %vaiver of the other party's obligation to fulfill the insurance requirements herein. INSURANCE O 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, Payrnen.t 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 tines by the other party for the protection of all persons, including employees, and property. The other party shall be expected to comply Mth 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 iintltediate danger to persons or property. The other party acknowledges that such stoppage will. not shift responsibility for any damages fi-onl the other party to the City. C"ONSIDERA'rION FOR MOLD 1-IARMLESS/PAYMENT ON BE 1,11ALF Applicable to Florida Construction Contracts The other party agrees to accept, and acknowledges as ail adequate anlotnlt of remuneration, the consideration of $:100.00 for agreeing to the Hold Hann.less, Payment oil 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 ure ate Limit The miniinuin cornmercial general liability general aggregate limit. shrill be 51,000,000.00 thin is greater than the occurrence limit simply because it is an annual aggregate limit. Installation Floater Insurance Installation Floater insuraanee is to be provided to cover dania ge or destruction to cquipment being installed or otherwise being handled or stored by the other party. "File amount of coverage should be adequate to provide hill :rcp1acernent value of the equipment being installed, otherwise being handled or stored oil or off premises. All risks coverage is preferred. jolor'rruck Czar mo Insurance If the Instaliation Floater insurance does not provide transportation coverage, separate. N10t0r "Truck Cargo or 'I'ra nsportation 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 arc preferred. Contractor's L ui ment Insurance Contractor's Equipment insurance: i.s to be purchased to cover loss of equipment and tnacl.ai.nery Utilized, in the performance of work by the other party. All risks coverage is prelerred. l; idelitvlDishonest 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, Itlaterials, supplieos, txluipment, tools, etc.; especially property ncccsti )ry to work performed. Fidelity/Dishonesty/Litt bilit v Insurance - Covers c for C:it Fidelity,'Disllonest.v`L.i,,tbility° insurance is to be purchased or extended to cover dishonest acts of tile other party's employees resulting in loss to the City. A:DDITIONA.1., INSURANCE FOR RENOVATION OR CONSTRUCTION C,ON'rRACTS 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 lbr Repair or Service or Other Contract. Commercial General Liability Project Auarregate Because; tide Commercial General Liability form of coverage: includes an annual aggregate limitation oil the amount of insurance provided, a separate project aggregate limit is required by the City for this contract or agreement. Owners Protective Ualt ILq For renovation or construction contracts the other party shall provide for the City an Owners Protective Liability insurance policy (prererabl.y through the ether party's insurer) in the name of the, City. Builders Risk Builders Risk insurance is to be purchased to e:over 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 Disk 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 Errant permission to occupy. PROFESSIONAL LIAQII..ITY MALPRACTICE AND/Olt ERRORS OR OMISSIONS If' checked below, the. City requires the following terms and types of insurance for professional, malpractice, and errors or orissions liability. X. Fiord Harmless The City shall be held harinless against liabilities, damages, losses and casts, 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 ptofession.al :in the performance of the. contract. -rhe city shall also be held harmless against all claims l:or fines, costs, expenses ctrused by, directly or .indirectly, by the design professional and other- persons or entities employed, controlled, or utilized by the desigrt.pro.rc;ssional 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'orrailure to provide professional or other services resulting. in the design professional's professional, malpractice, errors, or omissions giving; rise to liability from the perfonnance of the agreement or contract.. It is specifically understood and agreed, however, that this indemnifac:atitawhold harmless agreement does not cover or indeninify the City for its own negligence. X Professional .Liability/Mal ractice/Errors or OnAssions 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 rninimurn limits of $1,000,000 per Occurrence. If a claim's made tbrn 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.indetinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended. reporting period (E R.P) of its great duration as available, and with no less coverage and with reinstated aggregate limits, or by rexluirinb that any new policy provide a. retroactive (late no later" than the inception date of claims made coverage. NVRIT'rEN AGREE:CIIENI'/C:ONTRACT Any party providing services or products to the City will he 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, mav, at the sole discretion of the City, disqualify any party from leer#or7tting services or selling Products to the City provided; however, the City reserves the right to waive any such requirements. EXHII3IT "C" PROVISION OF PAYMENT BASIS FOR. PAYMENT The owner shall pay CONS UL'1°ANI" and CONSULTAN'1" 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" - Casts Times Multi Tier Basis - Compensation in the Conn of actual costs tinges a Multiplier as determined by the following formula: Actual raw Salary Cost x Multiplier i Subconsultant Cast } Other Direct Casts. Multiplier 3.17-15 includes fringe benefit rate, overhead, operating margin and p.rofit and is subject to annual .review. Subconsultan:t Costs are actual costs incurred times a tractor of l.00. Actual costs shall be biased. on billing rates for,required labor classifications. Other Direct Costs are tactual casts incurred lbr travel outside of Tampa Bay area, printing, copying, long distalacc telephone calls, etc., tines a factor of 1.00. illethod "B„ '-' LUMD SUM - Compensation in the tbrm of "lump sum" shrill be determined by mutual agreement between the CONSULTANT aaad the City. The lump sum amount shall be negotisatcd. based upon a scope of services developed by the CONSUL i-ANT and approved by the City. ESTUNMA'1TES FOR A.C:TUAI., DIRECT PAYRO.11, COST (EXC-LU.DING 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 revie,?%,. (Notre: All rates tare hourly salary rates). CITY OF CLEARWATER ENGINEER OF RECORD RI±Q 12-09 2009 DIRECTHOURLY RA'Z'ES KISIbNGER CAMPO & ASSOCIATES CORPORATION Jut) Classificatitatt Minimum Rate (S / hour) Typical Maximum Senior Vice= President 567.00 $77.00 x;05.00 Vice President./Offficer-in-Char e 562.00 568.00 $75.00 project Manager/Associate I'rir)ci al $46.00 $55.00 $6100 Construction Manager $42.00 $58.00 561.00 C'ollstructio 1• mirleer $39.00 $5.1.00 555.00 Senior Engineer/Scientist $11.00 $46.00 553.00 Engineer/Scientist (III-1V) $40.00 x+45.00 551.01 Engineer/Scientist 1-1..1.1) $23.00 532.00 536.00 Plartner $30.00 537.00 546.00 L_andsca e Architect N/A. N/A N/A Field Tec:linician 521.00 $24.00 $30.00 Senior Desi T er 530.00 $3.5.00 $=10.00 Drafter/CADD O7 orator- $20.00 525.00 $25.00 Operations ? cclallst 526.00 532.00 $40.00 fiscal/Accounting 522.00 526.00 $34.00 Administrative/Cle ical S15.00 S19.00 $24.00 MC. LTIPUER: 3.1735 ?.4 ACORD,M CERTIFICATE OF LIABILITY INSURANCE ,D TE(MI ;9"Y) PRODUCER Phone: 727 461-6044 Fax: 727 442-7695 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown Insurance - Clearwater ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2456 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 660 Clearwater FL 33757-2456 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: ford Fire Insurance o. 19682 Kisinger Campo & Assoc. Corp. INSURERB:Hartford Cagualty insurance C 424 KCCS, Inc INSURERC:Continental Casualty Co. 0443 201 N. Franklin Street, Ste 400 Tampa FL 33602 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 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 DD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE iMMDfYYI DATE (MMID A X GENERAL LIABILITY 21UUNAG7547 9/1/2008 9/1/2009 EACH OCCURRENCE $ 1 p 00 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence $1 '000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5 0 D D PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2, 000, O Q GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG $2, Q 0O 000 X POLICY PRO- LOC A X AUT OMOBILE LIABILITY 21UUNAG7547 9/1/2008 9/1/2009 COMBINED SINGLE LIMIT i 000 $1 000 X ANYAUTO dent) (Ea acc , , ALL OWNEDAUT0S OVA BODILY INJURY $ SCHEDULEDAU70S (Per person) X HIREDAUTOS BODILY INJURY $ NON-OWNEDAUTOS (Per accident) PROPERTYDAMAGE $ tl " ` (P accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ 4 ANY AUTO p- OTHERTHAN ? ?,\1 O `.,`?y d TO ONLY: AU R AGG $ B X EXCESS/UMBRELLA LIABILITY 21XHUAG 7 9/l/2008 9/l/2009 EACH OCCURRENCE $3,000,000 OCCUR FICLAIMSMADE AGGREGATE $3,000,000 DEDUCTIBLE $ X RETENTION $10.000 $ A WORKERS COMPENSATION AND 21WSNW1033 10/3/2008 10/3/2009 CRY STIM_C OTH- X WC EMPLOYERS' LIABILITY E.L. EACH ACCIDENT LO-0 D 0 0 5 ANY PROPRIETOR/PARTNER/EXECUTIVE - - - OFFICERIMEMBER EXCLUDED? E.L. DISEASE- EA EMPLOYEE $ 0 D 0 0 0 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ D C OTHER EH288295813 11/2/2008 11/2/2009 Per Claim 2,000,000 Professional Liability Aggregate 5,000,000 Claims Made Deductible 200,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS ertificate Holder is an additional insured with respect to general liability, auto liability and umbrella liability. Endorsements available upon request. waiver of Subrogation applies to general liability and workers compensation. *10 Days for Non Payment. Services under Engineer of Record Agreement, RFQ 12-09 (KCA Project #6200905.00) n C?TICIn ATC ue%i nee r-ANrF1 I ATHIIN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Clearwater WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE Attn: City Clerk CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO P. 0. Box 4748 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON Clearwater FL 33758-4748 THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTNORIZED REPRESENTATIVE ACORD 25 (2001108) ©A(;(JkU CURFURA 1 IUN T VO8 10 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 25 (2001/08)