AGREEMENT FOR PROFESSIONAL SERVICES (36)EXHIBIT "A"
AGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on the AO i- day of 2009
by and between the City of Clearwater, Florida (CITY) and POST, B KLEY, SCHUH &
JERNIGAN, INC. (CONSULTAN'T').
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 or the Florida Statutes, and based on information and
representations given by (lie 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 teens 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 CITI' 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. U PROFESSIONAL TECHNICAL SERVICES
2.1 It shall be the responsibility of the CONSULTANT to work with and for tile 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. ha%aadous materials investigations. mitigation/rentediation 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. developtncnt 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, desist and financing,
including storrnwater utility feasibility and implementation
18. studies related to rates, user charges and impact upon various agreements between the
CITY and its custorners, 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 pen-nits) and construction management
20. aviation services, including piaster 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
pro[essional services hereunder, and shall diligently execute the work to meet the
completion lime established.
2.4 'flte CITY reserves the right to enter into contracts with other engineering and/or
architect (inns 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 'fork Order, in accordance with Paragraph 2.2, above, Receipt of a tally executed
Work Order shall constitute: written notice to proceed.
3 . "? 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 CCrY
4. D INSURANCE REQUIREMENTS
See Exhibit "B" attached.
S.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 CONSIDERA'T'IONS
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 veritication or adaptation by the CONSULTANT far 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 (101/0), the CONSULTANT shall perform a detailed evaluation
of the low bid. 'File evaluation will review the bid prices on a line item basis, identifying
arras 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.
6A Upon the CONSULTANT'S written request, the CITY will furiish 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 ether 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 harnless the CITY. and its
officers and employees, tram 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 tines, 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 Tile CONSULTANT agrees not to engage the services of any person or persons in the
employ of the CITY to all 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 COMPENSA,rION
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? 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 ofreceipt.
7.3 "T"he CONSULTANT agrees to allow full and open inspection of payroll records and
expenditures in connection with hourly rate and cost plus fixed fee work assigtuncnts
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 fin-n. other than a bona tide employee working for the
CONSLLTANT any fee, commission, percentage, gift, or any other coil sideratioil,
contingent upon or resulting from the award or making of this Agreement.
9.0 TERMINATION
This Agreement may be tenninated by either party with seven (7) days prior written
notice, i.n the event of substantial failure to pertbrin in accordance with tile teens 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 ot'tennination.
10.0 SUSPENSION CANCELLATION OR ABANDONMENT
If tllc 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 (i) days prior written notice of such action and shall be conlpcnsated
for professional services provided up to the date of suspension, cancellation or
abandotunent.
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 tennination and specifying the effective date of
such tennination 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 tar
services rendered through the date of tennination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
elate and year first above written.
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WITNESS-
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Countersigned: CITY OF CLEARWATER
By; jaffi,,? 8,
crank Hibbard William B. Horne, 11
Mayor-Councilmember Cite Manager
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A proved as t?r and ATTEST:
eprrectness:
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Camilo Soto `ynthi• oudeau OFIq?C
Assistant City Attorney City Clerk ???
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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 deductibleslself-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 S 100,000 each
accident and 100,000 each ennployee1S500,000 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.
Mirtirlurrn limits of S500,000 per occurrence for all liability must be provided, with excess or urnbrella
insurance making up the difference, ifany, between the policy limits of underlying policies (including
employers liability required in the Workers' Compensation Coverage section) Lund 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.
Comprehensive General Liability
If Comprehensive General Liability coverage is provided it shall include at least:
• Bodily injury and property damage liability for premises, operations,
products/completed operations, independent contractors, and property damage
resulting from explosion, collapse or underground (x,c,u) exposures.
• Broad I=ornt Comprehensive General liability coverage, or its equivalent, with at
least: $ 1,000,000.00
* Broad fora contractual liability covering this agreement or contract, personal
injury liability and broad form property damage liability.
Products/Completed Operations Coverage
The other party is required to continue to purchase products contract or agreement, for a minimum of
three years (3) beyond the City's acceptance of renovation or construction projects.
Business :auto Liability
Business Auto Liability coverage is to include bodily injury and property damage arising out of
operation, maintenance or use of any auto, including owned, non-owned and hired automobiles and
employee nun-ownership use.
i .
Watercraft/Aircraft LiabM
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 dainage
arising out of ownership, maintenance or use of any watercraft or aircraft, including owned, non-
owned and hired.
Excess or umbrella Liabilit
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 (1 5) days prior to coverage renewals.` ?) r ?S
- X64 '6
.If requested by the City, the other party shall i'urnish`Foillpletc copies of the other party's insurance
policies, firms, and endorsements.
The address %k-here 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 patty 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
Nvaiver ofthe 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 C ertlticates of Insurance provisions of this agrreeirient 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 HARMLESS/PAYNIEN"r 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 APP-resate Limit
The minimum conunercial 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 Cargo 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 Equipment Insurance
Contractor's Equipment insurance is to be purchased to cover loss of equipment and machinery
utilized in the performance of work by the other party. All risks coverage is preferred.
Fidelitv/Dishonesty Insurance - Coverage for Em lover
Fidelitv/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 /Dishonesty/Liabilit Insurance - Coverage for City
Fidel ityiDishonesty/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 RENOVA'T'ION 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 Asareeate
Because the Commercial General Liability Ibrm 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 Li.abilitv
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 tines, 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 goverment 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 Liabili /Mat ractice/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 tttinimum limits of S 1,000,000 per occurrence.
If a claim's made form of coverage is provided, the retroactive date ofcoverage 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
%vith 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 A.GREEMEN`I'/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 Citv 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 ofthe
following methods:
Method "A" - Costs Tinges Multi tier Basis -
Compensation in the turxn of actual costs times a multiplier as determined by the following
formula:
Actual raw Salary Cost X Multiplier + Subconsultant Cost m Other Direct Costs.
Multiplier 3.14 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 Bay area, printing, copying,
long distance telephone calls, etc., times a factor of 1.00.
Method _`B" - Lump Sum -
Compensation in the term of "lump sum" shall be determined by mutual ageement 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
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
Job Classification
Minimum Rate
(S / hour)
Typical
Maximum
Senior Vice President
Vice President/Officer-in-Charge S67.00
$60.00 $77.00
$66.00 595.00
$72.00
Project Manager/Associate Principal $44.00 $52.00 $60.00
Construction Manager $39.00 $46.00 $53.00
Construction En ineer $27.00 S32.00 $39.00
Senior En ncer/Scientist $41.00 $46.00 $53.00
En ineer/Scientist (UMV) $31.00 $36.00 $41.00
En ineer/Scientist (I-1I1) $23.00 $28.00 $34.00
Plamer 538.00 $35.00 $44.00
Landscape Architect $29.00 $35.00 $44.00
Field Technician $19.00 $23.00 $28.00
Senior Desi ner $28.00 $32.00 $38.00
Drafter/CADD Operator $18.00 S22.00 $26.00
Operations Specialist S25.00 $32.00 540,00
Fiscal/Accounting $22.00 $26.00 534.00
Administrative/Clerical $15.00 $19.00 524.00
MULTIPLIER: 3.14
EXHIBIT "A" 1
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 x163, 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.
f4 Pao.# 46 4
Sea
persaaal injury or- damage to pr-ep@Fty or- less of use r-esulting ther-efie ng-eid of the agrvefflefA
PAYMENT ON BEHALF OF CITY
1702. .44A•IhS 0% lewmS Aaay.,H4 $.*"Y Vow-, `rule Fa"t-1 eF "ruE, v"roax- P,00. -
The other party agrees to pay on behalf of the City, and to pay the cost of the City's legal defense, as
?
maybe selected by the City, for all claims described in the "Hold Harmless" paragraph# A&4?+4
ILL44n.06A (04 cc -run A&2jqALP1WaArT.
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.
8
", ; Excess or Umbrella Liabili
Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed.
Whichever type of coverage is provided, it shall not be more restrictive than the underlying
insurance policy coverage's.
CERTIFICATES OF INSURANCE
Required insurance shall be documented in Certificates of Insurance that provide that the City shall
be notified at least thirty (30) days in advance of cancellation, non-renewal or adverse change. New
Certificates of Insurance are to be provided to the City at least fifteen (15) days prior to coverage
renewals.
Y,j k)
If requested by the City, the other party shall furnish cCAA appa.4,w-47 4- mSPs4
omplete 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.
11
ACORD,M CERTIFICATE OF LIABILITY INSURANCE DA
'
9/30/2009 7/28/20 9
IODUCER Lockton Companies, LLC-1 Kansas City THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
444 W. 47th Street, Suite 900 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Kansas City MO 64112-1906 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
(816) 960-9000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
3URED POST, BUCKLEY, SCHUH AND JERNIGAN, INC. INSURER A: LLOYDS OF LONDON A XV
307320 DBA PBS&J
2001 NW 107 AVENUE INSURER e
MIAMI FL 33172-2507 INSURER C :
INSURER D :
INSURER E
OVERAGES PD THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING
I E ENTATIVE AND TH C OLDE .
'HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
lAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
'OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
R ADD'L POLICY EFFECTIVE POLICY EXPIRATION
R IN5Rp TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY DATE (MMIDD/VY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ XXXXXXX
COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED
PREMISES Ea ..nsnce,
$ XXXXXXX
CLAIMS MADE ? OCCUR NOT APPLICABLE MED EXP (Any one person) $ XXXXXXX
PERSONAL & ADV INJURY $ XXXXXXX
GENERAL AGGREGATE $ XXXXXXX
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ XXXXXXX
PRO-
POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ XXXXXXX
ANY AUTO
(Ea accident)
ALL OWNED AUTOS BODILY INJURY
P $ ?X
SCHEDULED AUTOS NOT APPLICABLE er person)
(
HIRED AUTOS BODILY INJURY
P
id $ X?
NON-OWNED AUTOS er acc
(
ent)
PROPERTY DAMAGE
$ XXXXXXX
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX
NOT APPLICABLE
ANY AUTO OTHER THAN EA ACC $ XXXXXXX
AUTO ONLY: AGG $ XXXXXXX
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX
OCCUR CLAIMS MADE AGGREGATE $ XXXXXXX
UMBRELLA NOT APPLICABLE $ XXXXXXX
?
DEDUCTIBLE FORM $ XXXXXXX
RETENTION $ $ XXXXXXX
WORKERS COMPENSATION AND WC STATU- OTH-
TORY LIMIT
EMPLOYERS' LIABILITY XXXXXXX
ANY PROPRIETORIPARTNER/EJ(ECUTIVE
NOT APPLICABLE
E.L. EACH ACCIDENT
$
OFFICER/MEMBER EXCLUDED?
If
es
describe under
E. L. DISEASE - EA EMPLOYEE
$ XXXXXXX
y
,
SPECIAL PROVISIONS belo E.L. DISEASE -POLICY LIMIT $ XXXXXXX
OTHER LDUSA0800811 9/30/2008 9/3012009 $1,000,000 EACH CLAIM & 51,000,000
CLAIMS-MADE FORM ANNUAL AGGREGATE-
PROFESSIONAL/POLLUTION 11/11/1961 RETRODATE.
LIABILITY
SCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
2009-2012 CITY OF CLEARWATER ENGINEER OF RECORD.
10607446
CITY OF CLEARWATER
ATTN: CITY CLERK
PO BOX 4748
CLEARWATER FL 33758-4748
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -Q„_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
AUTHORIZED
-ORD 25 (2001108) For questions regarding this certificate, comm the number listed in the 'Producer section abow.
0 ACORD CORPORATION 1988
A"R
CERTIFICATE OF LIABILITY INS
RAN DATE
M/04/YY)
.-
U
CE
/28/28/0
077
9
PRODUCER 1-866-220-4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Holmes Murphy and Associates - Omaha ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2637 South 158th Plaza ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 200
Omaha, NE 68130
y INSURERS AFFORDING COVERAGE
INSURED
P
t
B
kl
S
h
h
i INSURER A: Zurich American insurance Com an #16535
os
,
uc
ey,
c
u
& Jern
gan, Inc.
d/b/a PBS&J
INSURER B' Zurich American Insurance company / #16535
2001 NK 107th Avenue INSURERC:Steadfast Insurance Company/#26387
Miami
FL 33172-2507 INSURER D: ?Y
,
INSURER E:
1'CfVFRA(:FC
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.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
NERAL LIABILITY GLO 9139458-02 09/30/08 09/30/09 EACH OCCURRENCE $ 1,000,000
7 X COMMERCIAL GENERAL LIABILITY FIREDAMAGE(A?anefire $ 1,000,000
CLAIMS MADE ? OCCUR MEDEXP Anyone rson S 25,000
_
, Contractual Liability PERSONAL BADVINJURY $ 1,000,000
GENtTL,8GGREGATE $ 2,000,00 0
GENI AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2,000,000
POLICY F7 PRO- X LOG
B AUT OMOBILE LIABILITY BAP 9139457-02 09/30/08 09/30/09
COMBINED SINGLE LIMIT $2,D00,000
X ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Per person) $
R HIRED AUTOS BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
X Contractual Liability PROPERTY DAMAGE
$
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
C EXCESS LIABILITY AUC 508762104 09/30/08 09/30/09 EACH OCCURRENCE $ 25,000,000
X OCCUR FICLAIMS MADE AGGREGATE $ 25,000,000
DEDUCTIBLE $
RETENTION $ 0 $
A WORKERS COMPENSATION AND WC 9139459-02 09/30/08 09/30/09 X WCSTATU- OTH-
ORY LIMITS FR
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE -EAEMPL
OYEE $ 1,000,000
_
E.L. DISEASE - POLICY LIMIT $ 1,000,000
OTHER
S
S
5
DESCRIPTION OF OPERATIONS/LOCATIGNS/VEHK:LES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RE: 2009-2012 City of Clearwater Engineer of Record Agreement for Professional Services.
The City of Clearwater Florida, 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 are Additional Insureds on the
General Liability including Completed Operations ( GL ONLY) on a Primary Non-Contributory basis and Additional Insureds
on the Automobile Liability on a Primary basis with respect to the operation of the Insured on the above listed project
see attached for additional wording.
VCR I Ir14fi I C r1VLVCR ADDITIONAL INSURED; INSURER LETTER: 4AI49rCLLA11UN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Clearwater, Florida, City of DATE THEREOF, THE ISSUING INSURER WILL 4WT4MAIL 90 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 8Ur3I M1 7M9XffZ&X XNiE1'I XKX
Attn: City Clerk
116$ ?loli?W>till?b[)]MidS?X
P.O. Box 4748
mxmmm"AgzxxxxxxxxxXXXXXXXXXXXXXXXXXXXXXXXXXXX$AXXXXXXX
Clearwater, FL 33758 USA AUTHORIZED REPRESENTATIVE ,2J;:;W
G•???
AL;UKU LO-b ((/Vf) opetersonne
12648601
G ACORD CORPORATION 1988
J
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.
,K%,UKu ca-a t(lai)
J
DATE
SUPPLEMENT TO CERTIFICATE OF INSURANCE 07/28/09
I NAME OF INSURED: Post, Buckley, Schuh & Jernigan, Inc.
d/b/a PBS&J
Umbrella follows form to the Additional Insureds on the General Liability and the Automobile Liability.
Severability of Interest and Cross Liability are included on the General Liability
and the Automobile Liability. Wavier of Subrogation on nthe General Liability and the Automobile Liability in
favor of the Additional Insureds. There are no Deductibles or Self Insured Retentions on the above coverages.
Additional Insured on the General Liability & Auto Liability on a Primary & Non-Contributory basis, including
completed operations "Where Required by Contract" (GL ONLY). General Liabiltty Aggregate limit applies per Project
Blanket Additional Insured Lessor/Loss Payee on the Auto Liability. Waiver of Subrogation on the General Liability
Auto Liability, and Workers Compensation "Where Required by Contract". Umbrella follows form to the Additional
Insureds on the General Liability.
NOTICE OF CANCELLATION WORDING:
SHOULD ANY OF THE DESCRIBED POLICIES ON THE CERTIFICATE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
ISSUING INSURER WILL MAIL 30, 60 OR 90 DAYS WRITTEN NOTICE "WHERE REQUIRED BY CONTRACT" EXCEPT 10 DAYS NOTICE FOR
NON-PAYMENT OF PREMIUM TO THE CERTIFICATE HOLDER NAMED ON THE ATTACHED CERTIFICATE.
"burr (7U/UUJ
Additional Insured - Automatic - Owners, Lessees Or ZURICH
Contractors - Broad Form
Named Insured: Post, Buckley, Schuh & Jernigan, Inc. d/b/a/ PBS&J
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End- Producer Adfl. Prem Return Prem.
GL09139458-02 09/30/08 09/30/09 09/30/08 $ $
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required
to add as an additional insured on this policy under a written contract or written agreement.
B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis-
ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and
Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if
1. The "bodily injury" or "property damage" results from your negligence; and
2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from:
a. Your ongoing operations; or
b. "Your work" completed as included in the "products-completed operations hazard",
performed for the additional insured, which is the subject of the written contract or written agreement.
C. However, regardless of the provisions of paragraphs A. and B. above:
1. We will not extend any insurance coverage to any additional insured person or organization:
a. That is not provided to you in this policy; or
b. That is any broader coverage than you are required to provide to the additional insured person or organization in the
written contract or written agreement; and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of
a. The Limits of Insurance provided to you in this policy; or
b. The Limits of Insurance you are required to provide in the written contract or written agreement.
D. The insurance provided to the additional insured person or organization does not apply to:
`Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi-
tional insured; or
2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to
render any professional architectural, engineering or surveying services including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders or drawings and specifications; and
U-GL-1175-A CW (9/03)
Pagel of2
b. Supervisory, inspection, architectural or engineering activities.
E. The additional insured must see to it that:
I . We are notified as soon as practicable of an "occurrence" or offense that may result in a claim:
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by
another insurer under which the additional insured also has rights as an insured or additional insured.
F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in-
surance available to any additional insured person or organization unless the other insurance is provided by a contractor
other than you for the same operations and job location. Then we will share with that other insurance by the method de-
scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ-
ten.
Name of Person or Organization:
Clearwater, Florida, the City of, 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.
P.O. Sox 4748
Clearwater, FL 33758
RE: 2009-2012 City of Clearwater Engineer of Record Agreement for Professional Services.
U-GL-1175-A C W (9/03)
Page2 oft
COMMERCIAL
AUTO INSURANCE
COMMERCIAL INSURANCE
ENDORSEMENT
Insurance for this coverage part provided by: Named Insured: Post, Buckley, Schuh
& Jernigan, Inc. d/b/a PBS&J
Zurich American Insurance Policy Number: BAP 9139457-02
Policy Eff/Exp: 9/30/08 - 9/30109
Renewal of Number BAP 9139457-01
ADDITIONAL INSURED
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED BY THE FOLLOWING:
BUSINESS AUTO COVERAGE PART
SCHEDULE
NAME:
Clearwater, Florida, the City of, its Council, the Community Redevelopment Agency of the
City of Clearwater, a Florida governmental agency created pursuant to Part 111, Chapter 163,
Florida Statutes, its duly appointed officers, or other public bodies, officers, employees, volunteers,
representatives and agents.
P.O. Box 4748
Clearwater, FL 33758
RE: 2009-2012 City of Clearwater Engineer of Record Agreement for Professional Services.
WHO IS AN INSURED (SECTION II) IS AMENDED TO INCLUDE AS AN INSURED THE
PERSON (S) OR ORGANIZATION (S) SHOWIN IN THE SCHEDULE BUT ONLY WITH
RESPECT TO THEIR LIABILITY ARISING OUT OF:
A) YOUR WORK FOR THE ADDITIONAL INSURED(S) AT THE LOCATION
DESIGNATED, OR
B) ACTS OR OMISSIONS OF THE ADDITIONAL INSURED(S) IN CONNECTION
WITH THEIR GENERAL SUPERVISION OF "YOUR WORK" AT THE LOCTION
SHOWN IN THE SCHEDULE.
FOR CLAIMS ARISING OUT OF OPERATION, MAINTENANCE OR USE OF A COVERED
AUTO, THIS INSURANCE SHALL BE PRIMARY INSURANCE OVER ANY OTHER INSURANCE
AVAILABLE TO THE SCHEDULED INSURED.
U-CA-388-A (07-94)
V ?
HOLME 3
MURPHV
July 28, 2009
To: Certificate Holder
From: Phillip L. Worley, AAI
Re: Post, Buckley, Schuh & Jernigan, Inc.
d/b/a PBS&I (and all related entities)
2001 NW 107 Avenue
Miami, FL 33172
CERTIFICATES OF INSURANCE
September 30, 2009 Policy Renewal Date
Property & Casualty Insurance (other than Professional/Pollution Liability)
MtK',M.
'RAFN$
00*
WOMRT
PH JET,MA
SLR iA1.iS
5r, units
To Whom It May Concern:
Negotiations are underway for PBS&J and their related entities September 30,
2009 insurance renewal. Once the negotiations are completed, we. will issue
renewal certificates of insurance without a lapse in coverage.
Renewal certificates can be ordered by faxing (402) 697-7026 or e-mailing Laurie
Sopher (IsMher&holrnesmurphy,com) this letter along with a copy of the
expiring certificate(s), If available. Attaching a copy of the expiring certificate will
help expedite the process.
Thank you for your assistance,
Sincerely,
Phil Worley, AAI
Its/plw