AGREEMENT FOR PROFESSIONAL SERVICES (39)E:X.I.I.I.BIT "A"
AGREEMENT
FOR
PROFESSIONAL SERVICES
fRi day ?M'9
'I'hi>? AC;[?FL1??ILN`f is made all(] ent4rcd into on. the _ y .
by and between the City of C.le:ar?vater, Florida (CITY) and CIZA-"f ECH, INC.,
(CW'ONS1. L"I'ANT).
M11ITNESSETH:
WHEREAS the CITY desires to engage the CONSUL"1'ANT to perform certain processional
services pertinent to such work in accordance with this Agreement; and
WHEREAS the COhSU'LTANT desires to provide such professional scrvice:s in accordance'
with this Agreement; and
WHEREAS the CITY selected the CONSUUI" AN'r in accordance with tile competitive selection
process described in Section 2137.055 cif the Florida Statutes, and based on information and
representations. given. by the CONSULTANT in a Statement of Qualifimiti.Oils dates] May 27.
2009:
NOW. `I". EREFORE, in consider9t.ion of the premises attd the trlclt:ual benetits which will accrue,
to the parties hereto in carrying cw the ternis ol-t.his Agrecinent, it is mutually understood and
agreed as follows:
j- o o GENERAL, SCOPE OF 711,11S AGREEMENT
'I'lte relationship Of the CONSULTANT to the CITY will be that of a prok",ssional
c:otlstrltattt, and the C'C)NSt..ll..:.l"A.l\'.l" will provide the prerl:ession, attcl technical services
required under this AL';!'e.c:nicrit In accordance with acceptable engineering or area of
expertisc practices and ethical standards.
2. 0 PROFESSIONAL TECHNICAL SERVICES
2,1 It shall be the responsibility of" the: CONSULTANT to work with acid 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 Witter, Sewer and Stormwater
Utility System facilities, the sufficiency of'the rates and chargos for the System services,
the proper maintenance of the elements al' the System and the design of capital
iirrprovements thereto; roads, drainage, structural analysis, transpotutic)n, 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:
Preparation of construction dr,'Mings, specifications and bid documents 66r public: works
projects, including but not limited to:
* structural engineering elements
• streets and roadways, including intersection improvements
• parking facilities
• utility infrastnicturc, including water, wastewater.. natural gals, storm water and reused
water
. land Surveying activities, including title search, aerial target placement, topographic
surveys, right-of=way surveys, preparation of.ribht-of'waxy control surveys, preparation of
right-of-way mapping/pareerl descriptionslpareel sketches
3 . architectural services
. transportation ii- iprovement planning and studies, ineludi-no Project Development &
Environment (PD&C)studies
5. appraisals of land under consideration for acquisition by the CITY
6, traffic operations activities, including, traffic signal warrant analysis, sa-fcty studies,
preparation of traffic signal construction documents, preparation cif paverrient marking 6L,
signing plans, assistance: as needed with the implementation of': tinning plans for and the
operation of the City's Urban Traffic, Signal Computer Systcna
7. hazardous materials investigations, rnitigatiowre;mediation plans and associated tasks
8. ma?.rtageni.eut orf construction contracts
9. review and assessment of the applicability of design/build c ontricts fbi, various C FrY
improvements
10, clevelopinent;larGparation of grant applications ltrr C'.ITY projects
1.'... preparation of permit application packages, including water, waste Witter, sua-fitcc NV<Iler
management, National Pollution Discharge I-Iin:iination System (N1'D S), and wed"'Irtcl
unpactS: assistance in meeting regulatory and grant requirenients, perini.tti.rig 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 . l: ydra?uhChydrologic niodeluig, of'strear?is, waitursheds_ aquifUtS, ctr..
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, ctc_)
1.7. studies related to storinwatc.r management, master planning, design and fi.naiwin.g,
including stormwater utility feasibility and implementation
8 . studies related to rates. user charges and impact upon various agreements between the
CITY and its customers, suppliers and consultants
9 , studies of recreational facility improvements, inLludin- expansion or improvements to
existing facilities as well as development of new f'actli.ties: includes possible preparation
of construction documents (including permits) and constriction 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 Cl"I'Y'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 1.1 will contain a mutually agreed-upon detailed scope of work, fee, and
schedule of performance in acc:c;?rdance with applicable fiscal. and budgetary constraints.
Total compensation for all services shall not exceed $ I QQ,000 per Work Order unless
specifically authorized by the City Council.
2.3 'I'hc C'ONSUL'TANT shall maintain an adequate: and c.oni,I,letent staff of'professionally
qualified personnel available to the CITY for the purpose of rendering the required
professional services hereunder, and shall diligently execute tile; work to tnee.t the
cornpletion time, established.
2.4 The CITY reserves the right to enter i.ii(o contracts with oilier ergineering and' r
a.rebitect firms for similar services. `rhe CONSULTANT will. when directed to do so by
the CIT)', coordinate and work %vith other engineering an&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
Wmk Order shall WnstitutG written notice to proceed.
3.2 IC the CONS ULTANT'S services called for under any Work Order are delayed for
reasons Ueyond, the CONSULTANT'S cotlfiol, the time c?f'pecrl'r?rinauice shall be adjusted
as appropriate.
3 . 3 it. is the intent. of the parties hereto that this Agreement ColltitlLle in Force until three, (3)
years i'roln the. (late: ()f execution, subject to the provisions for termination colltailled
herein. Assignments that are in progress at. the Contract te;rn-tination date will be
completed by the CONS UUFANT unless specifically terminated by the CC'n.
4.0 INSURANCE RE UIR:EI EN S,
Sere Exhibit "B" attached.
5.0 PROFESSIONAL SERVICES/CONSULTANT'S CON"IPE' 'I'1".IN'E
NEGOTIATION ACT CC:NA I<7orida tunic 287 055
professional Services requested in this JZ-Fla are within the scope of the practice (:7f
are.hitecture, landscape al•chitecture, professional engineering, or registered land
surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055
app, y-
fi.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 •T'h.e CT1'Y 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
the;se.docunients without written verification or adaptation by the CONSUL".T"AN'.F for the
;specific purpose intended will be at the CI"T'Y's sole risk without liability or legal
exposure to the CONSU.L,rANT.
0.2 When authorized, the CONSUUMN"T' shall prepare a final estianate; of probable(
construction costs, following C11"Y 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 ,is it promise that
designed facilities will not exceed a cost limitation. Should the lowest, responsive an(l,
acceptable bid price received by the CITY within three (3) montlls from the date of the
CITY's approval of the bid documents exceed the CONSULTANT'S final cost estimate
by more than teal percent (I 01i'(,), the CONSUUFANT shall perform. a detailed evaluation
of the lo,.v bid. The evaluation will review the bid prices can a li.n.e item basis, identifying
areas of disagreement and providing a rationale for the difference,
6.3 The CONSMI'A.NT' will provide expert. witnesses, if re(luired, to testify in connection
with any suit at I lvv. A supplemental agreement will be nc. otlated bet. ,veen the C'Tl`Y
and the CONSI'I.:'1'ANT describulg the services desircd and providing a basis for
conlpcilsation to the C.'UNSIXI'AN 1".
6.4 Upon the CONSULTANT'S written request, the CFFY will furilish or cause to be
l'urnished such reports, studies, instrunients. documents. and other information as the
CONSU1 TANT and C.I°T Y tnutually cleem necessary.
6.6 Tile C lT`Y and the CONSULTANT each bind LhernselveS and their successors, legal
representatives and assigns to the other party to this Agreement and to the partners,
successors, legal representatives and assigms of each other party, in respect to all
covenants of this Agreement; anal, neither the CITY nor the CONSL`i.'.T'ANT will assigtt
or transfer its interest, in this Agreement without written consent of the ether.
6,6 -rhe CONSULTANT hereby agrees to indemnify and hold htrrrnless the CITY, and its
officers and employees. frorn liabilities, damages. lasses 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 catcher .parsons employed
or utilized by the, design professional in the performance of the contract. It is specifically
uridesrstoed and agreed, However, that this indernnifcation agreement does heat cover or
indemnify the CITY for its own negligence. The CONSULTANT berreby further agrees
to indemnify and hold harmless the CITY frorn any and all Cines, costs, and expenses
causcd by, directly or indirectly, with the CONSULTANT'S faihlrc to comply with any
applicable laws,. statutes, ordinances, or government regulations.
6.7 The CONSULT"ANT agrees not to engage the services of any person or persons in the
employ ofthe CFFY to art rallied capacity, an either a full or part-timebasis, on the date of
the signing of this Agreement, or during its team.
6.8 Ivey personnel 18signed to CITE, projects by the C:ONSULJANT shall not be removed
from the projects until aheinate personnel acceptable to the CITY are approved in writing
by die.CITY. Key personnel are identified to the submitted Statement of. Qualifications.
(1.9 The CONSUL'T'ANT shall atttrch a briei'status report on the project(S) with iaelr rcquest
for payment.
7,0 C:ONINENSA'I'ION
shall be compensated for all services re'ndCrCd Under this
7.1 T'hc CONSULTANT
oreerirent in accordance with the provisions of each Work Order, upon presentation of
CONSULTANT'S invoice, An hourly rate schedule and typical methods eel'
compensation are attached hereto as Exhibit "C".
72 Except as may be addressed in the initiating 'Work Order, !lie compensation for services
shall be invoiced by the CONSULTANT and paid by the CITY mice each month. Such
invoices shall be clue and payable within 30 days of rice°.ipt.
73 "I"her CONSUL'i-ANT agrees to allow Rill and e)pen inspection of Payroll records and
expenditures in connection ?N-itlt hourly rate and cost plus fixed tee work assign.rrrents
upon request of the CITY.
8.0 PROHIBITION AGAINST CONTINGENT" FEES
Tlie CONSULTANT warrants that it has not employed or retained atiy cornprariy or
person, other than a. bond fide employee working solely ror the CONSULTANT to solicit
or secure this Agreement and that it has not paid or agreed tc:+ pay any persons, company.
corporation, individual or firiii, other than a bona fide eniployce working, for the
CONSULTANT any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making ofthis Agreement.
9.o rERMINATION
']'his Agreement may be te:rrninated by either party with seven (7) clays prior written,
ilotice, in the event of substmitial failure to perfurin in accordance with the terms hereol`
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 Orden for all work performed up to (lie date oftet-urination.
10.0 SUSPENSION CANCELLATION OR ABANDONMENT
if the project described in any Work Order is suspended, canceled, or abandotaed by (lie
CITY, without afTecting any other Work Order or this Agreement, the CONSULTANT
shall be given five: (5) days prior written notice: of such action and shall be compensated
for professional services provided up to the date of suspension, cancellation or
abandonment.
This Agreement shall be adininistercd 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 elate. If the Agreement
is terminated by the CITY as provided herein, the, CONSUTA"A.NT will be paid rot-
services rendered through the elite of te.rininatiori,
IN W.I"I'N.I SS WHE-Rf.-,01 , the Marries hereto have made aald executed this Agreeitlellt can the
(late and year first above written.
Tetra Tech
I3v:
J nnifer Woo all, P.E
'ce President
WITNESS:
C ountersigned,
CITY OF CLEARWATER
By:
-rank HilabardT_ _? William B. I-Iorne, I.I
M..avor=CULUI :ilrnctnber City Manager
A'I" I'ES T :
C`ynth h ..... ottdca.u
City C erk.
rye
Calnllo Sato
Assistant City Attorney
EXHIBIT "B"
RISK MANAGEII ENT/ INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
s,rATEf19 ENT OF PURPOSE
The City :cif Clearwater enters into agreements and contracts For services and/or products of either
parties:.
Agreements and contracts shall contain Risk )t?araagcittr eat lnsurciiice terms to protect the City's
interests and to minimize its potential liabilities. Whenever applicable. the following terins shall be
included in.agreer7rents and contracts.
CITIF DEFINED
The tenn "City" (wherever it may appear) is defined to mean the City itself, its Council. the
Cutntnunit'y Redevelopment Agency of the, City of0carwater, a Florida governmental agency created
pursuant to Part 1.11, Chapter 163, Florida Statutes, its duly appointed officers, or other public bodies,
officers., employees, volunteers, representatives and agents,
onIER PARTY DEFINED
"I"hc terns ''other paiiy" (wherever it may appear) is defined to mean the other person or cmity wlaich 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
Th.c City shall be li.eld harmless against all claims fear bodily injury, sickness, disease, death or
personal injury or danlage to property or loss of use resulting therefrom,
*see additional text below.
r
u y
F
persons L
If-(raj reniediCs
lable 10
to i y an
* to the extent caused solely by the negligent act, error, or omission of the other party
in the performance of services under this Agreement. If such damage results in part by
the negligence of another party, the other party shall be liable only to the extent of the
other party's proportional negligence.
INSURANCE
The other party shall provide the fallowing described insurance, except t'c.,)r coverage's specifically
waived by the City. oil policies and with insurers acceptable to the City.
These insurance requirements shall not lirxlit the liability of the other party. The City does not
.rewpresent 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 natne the City its an additional insured to thQ extent of'the City's interests arising
froth tuts contract. or agreement.
Except for Workers' Compensation, the other party waives its right of recovery against file City, to the
extent permitted by its insurance policies.
1'lle other pally shall request that its insurers' policies include or be endorsed to include a severability
of intcresVeross liability provision scar the City will be treated its if a separate policy were in existence
without increasing the policy limits.
",Cite other pasty'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 sell'-insured retention.
Workers' Coinnensafion Coverage
"rhe other party shall purchase and rnaintain Workers' Conrpe:nsation Insurance itrr all workers
compensation obligations ilttposed by state law and employers liability limits elf at least $100,000 each
accident and 100,000 each employee/S500,000 policy limit for disease.
The other party shall also purchase any other coverage's required by law for the benefit of the
employees.
General\utoniohile nncl Excess or Unibrella l iubilit: C'urerir ae
The other {warty shall purchase and maintain coverage oil forrns no incrre restrictive: that') the latest
editions of the Commercial or Comprehensive: General I...iability and Business Auto policies of the
Insurance Services office:.
Minimum .limits of $500,000 per occurrence Ibr all liability must be provided, with excess or umbrella
insurance making up the difference, if any, be(ween the policy li.n,its of underlying.policics (including
ernployer.s liability required irl the \Vorkcrs' Compensation Coverage section) and the' total anlou.nt of
coverage required.
Commercial General Liability
If Commercial. General Liability coverage is provided:
C'overa ze "A": Shall include premises, operations, products and
completed operations, independent contractors, contractual liability covering this
agreement or contract, and broad foran 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.
Cram rehensive General I iabilit
lf'Cornprehensive General Liability coverage is provided it shall include: at IQast:
• Bodily injury and property damage liability for premises, operations,
products/completed operations, independent contractors, and property daanage.
resulting from explosion, collapse or underground (x,c,tt) exposures.
Broad Forin Coanpre liensivc: General Liability coverage, or its equivalent, with at
least: $ 1 .000,000.00
• Broad f.brin contractual liability covering this a8reerrment or contract, personal
injury liability and broad form property damage I.i,abili:ty.
Pro(lucts/Conipleted. Operations Coverage
The other party is required to continua to purclici e products contract or agreement, for a minlnlum of
three years ( 3) beyond the City's acceptance of renovation or construction projects.
Business Auto Liability
1usiness Auto Liability coverage is to include bodily injury and property damage arisinL, out af"
operation, maintenance or use of any auto, including owned, non-awned and hired automobiles and
employer' non-ownership use.
Watercraft/Aircraft Liabilit
If the other party's provision of services involves utilization of watercrafl 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, iaon-
owned and hired.
Excess or Umbretta Liability
Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed.
Vk'hichever type of coverage is provided, it shall not be more restrietive than the undca'Iyin
insurance policy coverage's.
CERTtFICXr ES O.F IN "URANCE
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 nolt-relleA'al. Culliultant shrill be
required to provide City with notice of any adverse change. New Certif:ic:ltes of lnsu.rrata4c are to be
provided) to the City at least fifteen (15) days prior to coverage renewals.
l`f requested by the City, the other party shall tarnish complete copies of the other party'sinsuratace
policies, forms, and endorsements.
The address where -all such Certificates of Insurance and policies of insurance, when requester/, shall
be sent or delivered is as Follows:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, Florida 33758-4748
For Conln-lercial General Liability coverage, the other party shall, at the option of the City, provide.
all indication of the amount of claims payments or reserves chargeable to the aggregate amount of
liability coverage.
Receipt of certiliettces or other documentation of insurance or policies or copies of policies by the
City, or by ally of its re.prc:sentatives, that indicate less coverage than required does not constitute a
?a•aiver ofthe other party's obligation to full.ill the i.nsuranec requircillents herein,
INSURANCE OF THE OTHER PARTY PRIMARY
hisurance required of the other party or any other insurance of.* the other party shall be considered
primarv, and insurance of the CAN shall be considered exc.css, as may be applicable to c:lainls
that arise: out of the Hold l-larrnicss, l'ayinent can .Behalf of City insurance, and Additional lnsuranc°e
and Certificate=s of'Insurance provisions cif this as,rccmeut or contract.
LOSS CONTROL / SAFETY
Precaution shall be exercised at all times by the other party Ior the protection of all persons,
including entploye.es, and property, The ether party shall be expected to comply with all:applicable
laws, rc:8ti.lations, C1r ordinances related to safety and health and shalII make special efforts where
appropriate to detect .hazardous conditions and shall take prompt action where lass coittrol/safety
ineasures should reasonably be expeetul. Other party shall be responsible solely for the safety
precautions or programs of its employees and no other party.
The City may order work to be stepped if conditions exist that present inin°iediat.e danger to persons
or property. The other party acknowledges that such stoppage Will riot Shift responsibility for any
damages frorn the other party to the City.
CONSIDERATION FOR HOLD HARM LESSIPAYMENTON BERALF
Applicable to Florida Construction Crinta- y its
The other party agrees to accept, rind acknowledges as an adequate amount of remurie:ratio a, the
consideration of 5100,00 for agreeing to the hold harmless, Payment can behalf of City, insurance
and Certificates of Insurance provisions in this agreement or contract.
ADDITIONAL INSURANCE: FOR REPAIR OR SERVICE OR O'T'HER CONTRACTS
If checked below, the City requires the fcillmving additional provisions or types of insurance for
repair or service or other contracts to afford added protection against hiss which could a5ect the
work being performed.
Commercial General Liabilit j Increased General Aggregate Limit
The inininniiiii coniinercial general liability gencral aggregate limit shall be S1,000,000.00 that is
greater than the occurrence limit simply because it is an annual aggregate limit.
I:nstaRation Floater Insurance
Installation floater insurance is to be provided to cover darnage or destruction to equipment being
instal.lerl or otherwise beint; handled or stored by the other party. The aniount of' coverage should be
adequate to provide full replacement value of the equipment being installed, otherwise being handled
or stored on or tiff premises. All risks coverage is preferred.
1'lotor Truck Cargo Insurance
l..l'the Installation Floater insurance does 'lot provide transportation coverage, separate Motor 1-ruck
Cargo or Transportation insurance is to be provided kv materials or equipment transported in the
ether party's vehicles from plaice of receipt to I'?UilCling sites or other storage sites, All risks Covered
are preferred.
Contractor's E ui men.t Insurance
Contractor's Equipment insurance is to be purchased to cover lass of equipment and machinery
utilized in tltc pe1`formance of work by the other party. All risks coverage is preferred.
r
FidGlit /llishoxxest ' .Itasurance -- Coverage for Employe
Fidelity/Dishonesty insurance is to be purchased to cover dishonest acts of the other !Party's
employers. including but not limited to (hell of vehicles, materials, supplies, equipment, tools., etc.,
especially property necessary to work performed.
Fidel ity/Dishonesty/I.,iubiliLv Insurance - Covers ve for City
Fidelity/Dishonestyl.Liability insurance is to be purchased or extended to cover dishonest acts o the
other party's employees resulting in lass to the City.
ADDITIONAL.INSUWkNCE FOR RENOVATION OR CONSTIZUCI ION CONTRAcrS
.[[,'checked beloml, the City requires thr fcall.owing 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 Cencral Liability Pjro"rct Aggregate
Because the Commercial General Liability form of coverage includes an ilClnual
aggregate limitation on the aniovint of insurance provided, a separate prUject aggregate
limit is required by the City for this contract or agreement.
Owners Protective Liability
For renovation or canstrur:tiOn contracts tilt; Other party shrill provide ("Or the City an
Owners Protective Liability- insui•ttnce policy (preferably through the rather pwu•tv's
insurer) in the name of th.c 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 lac ciiciursed to cover the interests of all parties,
including the City and all contractors and subcontractors. The insurance is to be
endorsed to giant permission to occupy.
PR )FE SIONAL LIABILITY M.ALPRACTICIE AND/OR ERRORS OR OMISSIONS
If checked below, the City requires the following terms and types of insurance fior professional,
malpractice, and errors or ornissions liability,
x Hold.11 artnlcss
The City shall be held harmless against liabilities, damages, lasses 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
perfortrtance of the contract.
The City shall also be held haarrnlcss against all claitns lKar fines, costs, expenses Caused
by, directly or indirectly, by the design professional and other persons or entities
eniploved, controlled,, or utilized by the design professional that failed to comply with
any applicable laws, statutes, ordinances, or government regulations, and against rather
persons' financial loss with respect to the provision of'orfailure to provide professional
or other services resulting in the design professional's professional, malpractice, errors,
or omissions giving rise to liability firom the: performance of the agreement or contract..
It is specifically understood and agreed., however, that this indvmnification/Irold
harmless agreement does not cover or indemnify the City for its own negligence,
Professional Lia bili!ilAlaluractice/Errors or On fissions Insurance
'File other party shall purchase and maintain professional liability or malpractice or
errors or omissions insurance appropriate for th.e type elf business criga?ged in by the
other party with Inanitnutrt Ionia, of$1,000,000 per occ:un,ence,
if a claim's made iorm of overage is provided, the retroactive date of coo eral e 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 pokey year either by a supplemental extended
reporting period (E:.RI') of as great duration as available, and with no less eoverafe and
with reinstated aggregate limits, or by requiring that any new policy provide a
retroactive date no lakes" than the inception dale ofela ims made coverage:.
WRITTEN AGREEMENT/CON'rR.ACT
Anv party providing services or products to tile: City will be expected to enter into at vwri:tten agreena.cnt,
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 sea, may, at t:lac sole discretion of the City, disquali f"y ally party from performing services or selling
products to the City provided; hotivever, the City reserves the right to WOlVe aa1v such requirements.
r XHIBIT "C,,,
PROVISION OF PAYMENT
BASIS FOR PAYMENT
The owner shall pay CONSULTANT and C:ONSULTAN'I agrees to accept as full compensatae?11
for its services (as established by Work. Order) compensation as c mrlputed by one of the
following methods:
Method "A" - Costs Tin_ies Multiplier Basis --
Compensation in the fora, of actual c.()sts times as rnultipliir as determined by the following
l'om1Ula:
Actual raw Salary Cost x Multiplier + Subconsultant Cost + Odier Dircct Costs,
Muld tier 33.1 includes fringe benefit: rate, overhead, operating margin and profit: and is subject to
annual review.
Subconsultant Costs are actual costs incurred tunes a factor of 1.00. Actual Lasts shall be based on
billing rates for required labor classi.ficatior>_s.
Other Direct Costs arc actual costs incurred for travel outside of Tampa Bate area, printing, copyin&
.long distance telepho n.e calls, etc., times a factor of 1.00,
Method "13" - LUn112 Sum
Compensation in the forth of "lump surx," shall be determined by mutual agreement between. the
CONSULTAN"I' and die City. nle. IL1111p sun, arnount shall be negotiated based
.upon a scope of services developed by the CONSULTANT and approved by th.e
City.
ESTIMATES FOR ACTUAL DIRECT PAYROLL COST (EXCLUDING OVERHEAD,
FRINGE BENEFITS AND OPERATING ,MARGIN)
'I'l,e estimated hourly rates below represent July 2009 costs and categones. Periodic chani;cs are
anticipated and modification can bc: Made annually upon City and CONSULTANT
review. (Note: All rates arc, hourly salary rates).
crrv OF CLEARVVA`I'ER ENGINEER OF RECORD RFQ 12-09
20019 DIRECT HOURLY RATES
TETRA-TE CIEI, INC.
;lob Classification
Minimunt Rate
(S / Hour)
Typical
Maximu n
Senior Vicc President $70.00 $50:00 $84.00
Vice Presicient/Of1-icer-iii-Cltar ge S62.50 565.00 $70.00
Prn'ect 1v1ana ger.Associate; Prtnci al S36.50 $58.00 $65.00
Construction. Manager S45.00 $48.50 $50.00
Construction Engineer 535.00 $41.00 $45:00
Senior Engincer/Scientist $36.50 552.00 $65.00
En. ineer/Scie:ntist .111-1V) $35.00 $41.00 $45.00
En pine riScientist (I-Ir1) $25.00 528.00 S3':UO
Planner $45.00 $50.00 $55.0()
Landscape Are biteect 5455.00 $50.00 555.00
Field 1"ecltni6an S16-30 $25.00 $32.00
Senior Designer $30.45 $32:00 $37.98
Drailei'CADD O peratar $17.83 $27.50 $30.00
Operations Specialist 530.00 S37,00 $45.00
l isc:al/Accountin. S1650 $20.00 $22.00
Administrativei(A rical $ 55(5.00 $24.75 $26,30
MUI.a111PLIER 3.1.
ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY9
7/30/2009
Aon Risk Insurance Services West, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
707 Wilshire Blvd., Ste. 2600 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Los Angeles, CA 90017 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
License No- 0363334 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Attn: Ann Whisenhunt COMPANIES AFFORDING COVERAGE
Phone: 213-630-3270 Fax: 847-953-0574 COMPANY
Email: ann_whisenhunt@ars.aon.com A National Union Fire Insurance Company of Pittsburgh, PA
INSURED COMPANY
Tetra Tech, Inc. B Insurance Company of the State of Pennsylvania
4012 Gunn Highway, Suite 140 COMPANY
Tampa, FL 33618 C Lexington Insurance Company
COMPANY
D American International Specialty Lines Ins. Co.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
NOTHWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AN ,
Y 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. LIMITS SHOWN ARE AS REQUESTED.
CO
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MWDDNY) POLICY EXPIRATION
DATE (MMIDDIYY)
LIMITS
GEN ERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
A X COMMERCIALGENERAL LIABILITY PRODUCTS -COMP/OPAGG $ 2,000,000
CLAIMS MADE M OCCUR GL 1982538 10/01/2008 10/01/2009 PERSONAL &ADV INJURY $ 1,000
000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE ,
$ 1,000,000
x Contractual Liability FIRE DAMAGE (Anyone fire) $ 100
000
x X,C,U Coverage MED EXP (Any one person) ,
$ 5,000
X. Gen'I Aggregate Limit
Applies: Per Project/Per Loc
AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000
X ANY AUTO
A X ALL OWNED AUTOS CA 8263140 10/01/2008 10/01/2009 BODILY INJURY $
SCHUDULE AUTOS (Per aeaident)
X HIRED AUTOS BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
EXCESS LIABILITY EACH OCCURRENCE $ 5,000,1700
C UMBRELLA FORM AGGREGATE $ 5,000,000
X OTHER THAN UMBRELLA FORM 2213731 10/01/2008 10/01/2009 $
x 0
C
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EMPLIOYERS?LIABILSTY ION AND
WC4990696
10/01/2008
10/01/2009 T TH
X `wc, LIMU IT OR
EL EACJ ACCIDENT $ 1,000,000
THEPROPRIETOR/
S/
U INCL EL DISEASE - POLICY LIMIT $ 1,000,000
OQ
AWC
TIVE EXCL EL DISEASE-EA EMPLOYEE $ 1,000,000
X OTHER
D Professional Liability/Contractors 1952583 10/01/2008 10/01/2009 Each Claim $5,000,000
Pollution Liability Aggregate $5,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPEC IAL ITEM Stop Gap coverage for the following states: OH, ND, WA, WY
The City of Clearwater is included as additional insured under the Commercial General Liability and Auto policies where required by written
contract and such insurance is rima and non-contribute where required b written contract-
CERTIFICATE HOLDER CANCELLATION
City of Clearwater SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Attn: City Clerk EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
P.O. Box 4748 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
Clearwater, FL 33758-4748 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
- AUTHORIZED REPRESENTATIVE
A V1.4'li ?'t/?
ACORD 25 2001/08 ACORD CORPORATION 1988