ENGINEERING PROFESSIONAL SERVICES AGREEMENT (11)
AGREEMENT
FOR
PROFESSIONAL SERVICES
7#
This AGREEMENT is made and entered into on this d L/ - day of
20_, by and
Inc.
between the City of Clearwater, Florida (CITY) and
(ENGINEER)
PARSON '
WITNESSETH:
WHEREAS the CITY desires to engage the ENGINEER to perform certain professional services pertinent to
such work in accordance with this Agreement; and
WHEREAS the ENGINEER desires to provide such professional services in accordance with this Agreement,
and
WHEREAS the CITY selected the ENGINEER in accordance with the competitive selection process described
in Section 287.055 of the Florida Statutes, and based on information and representations given by the
ENGINEER in a proposal dated March 31, 2003
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties
hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows:
1. GENERAL SCOPE OF TillS AGREEMENT
The relationship of the ENGINEER to the CITY will be that of a professional consultant, and the ENGINEER
will provide the professional and technical services required under this Agreement in accordance with
acceptable engineering practices and ethical standards.
2. PROFESSIONAL TECHNICAL SERVICES
2A. It shall be the responsibility of the ENGINEER to work with and for the CITY toward solutions to
engineering problems and the approach or technique to be used toward accomplishment of the CITY's
objective for each project or assignment. The ENGINEER'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,
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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 ofland 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 and signing plans, assistance
as needed with the implementation of timing plans for and the operation of the City's Urban Traffic
Signal Computer System
7. hazardous materials investigations, mitigation/remediation plans and associated tasks
8. management of construction contracts
9. review and assessment of the applicability of design/CITY improvements
10. development/preparation of grant applications for CITY projects
11. preparation of permit application packages, including water, wastewater, 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, etc.
14. development of wetland mitigation plans, including compliance monitoring
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15. water quality monitoring, including report preparation
16. preparation and implementation of public involvement programs, including graphics (presentation
boards, slides, handouts, etc.)
17. studies related to stormwater management, master planning, design and fmancing, including
storm water utility feasibility and implementation
18. studies related to rates, user charges and impact upon various agreements between the CITY and its
customers, suppliers and consultants
19. studies of recreational facility improvements, including expanSIOn or improvements to existing
facilities as well as development of new facilities: includes possible preparation of construction
documents (including permits) and construction management
20. aviation services, including master planning and design of planned improvements
21. other work as may be reasonably required under the general scope of professional and technical
engineering services in connection with the CITY's public works/engineering system.
2B. The ENGINEER'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, invoicing method, 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 Commission.
2C. The ENGINEER shall maintain an adequate and competent staff of professionally qualified personnel
available to the CITY for the purpose of rendering the required engineering services hereunder, and shall
diligently execute the work to meet the completion time established.
2D. The CITY reserves the right to enter into contracts with other engineering fIrms for similar services.
PARSONS -will, when directed to do so by the CITY, coordinate and work with other
engineering fIrms retained by the CITY.
3. PERIOD OF SERVICE
3A. The ENGINEER shall begin work promptly after receipt of a fully executed copy of each Work Order, in
accordance with Paragraph 2B above. Receipt of a fully executed Work Order shall constitute written
notice to proceed.
3B. If the ENGINEER's servIces called for under any Work Order are delayed for reasons beyond the
ENGINEER's control, the time of performance shall be adjusted as appropriate.
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3C. 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 ENGINEER unless specifically
terminated by the CITY.
4. INSURANCE REOUIREMENTS
4A. Workers Compensation and Employers Liability. The ENGINEER shall procure and maintain, for the
life of this Agreement, Workers Compensation Insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employers Liability with limits meeting all
applicable state and federal law s.
4B. General Liability. The ENGINEER shall procure and maintain, for the life of this Agreement, General
Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises
and Operations; Independent Contractors; Products and completed Operations and Contractual Liability.
Coverage shall be no more restrictive than the latest edition of the Commercial General Liability polices
of the Insurance Services Office (ISO).
This policy shall provide coverage for death, bodily injury, personal injury or property damage that could
arise directly or indirectly from the performance of this Agreement.
The minimum limits of coverage shall be $500,000 per Occurrence Combined Single Limit for Bodily
Injury Liability and Property Damage Liability.
The CITY shall be included and identified as an Additional Insured under the policy/certificate of
msurance.
4C. Business Automobile Liability. The ENGINEER shall procure and maintain, for the life of the
Agreement, Business Automobile Liability Insurance.
The minimum limits of coverage shall be $500,000 per Occurrence Combined Single Limit for Bodily
Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy.
Coverage shall be no more restrictive than the latest edition of the Business Automobile Practices of the
Insurance Services Office (ISO).
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The CITY shall be included and identified as an Additional Insured under the policy/certificate of
msurance.
4D. Professional Liability Insurance. The ENGINEER shall procure and maintain for the life of this
Agreement, Professional Liability Insurance. This insurance shall provide coverage against negligent
acts, errors or omissions by the ENGINEER in the performance of this contract. The minimum limits of
coverage shall be $1,000,000.
4E. Indemnify. In consideration of the sum of One Hundred Dollars ($100.00), the receipt and sufficiency of
which is acknowledged, payable as part of the fIrst payment for services, the ENGINEER agrees to save
and hold the CITY, its agents, assigns and employees, harmless from all claims or causes of action,
including costs and attorney's fees, and all judgments whatsoever, involving personal injury, bodily
injury, death, or property damage, arising out of any negligent act or omission, or the violation of any
federal, state or local law or regulations by the ENGINEER, its subcontractors, agents, assigns, invitees
or employees in connection with this Agreement. The ENGINEER agrees to indemnify and hold
harmless the City from losses, damages or lawsuits resulting from the ENGINEER's intentional
misconduct or intentional torts com mitted during the performance of this contract.
4F. Hazardous Substances. It is understood and agreed that in seeking the professional servIces of the
ENGINEER under this Agreement, the CITY does not request the ENGINEER to undertake uninsurable
or potentially uninsurable obligations for the CITY's benefit involving or related in any manner to
hazardous substances. Therefore, the ENGINEER undertakes no such obligation hereunder, and the
CITY agrees to hold harmless and indemnify the ENGINEER from and against any and all claims, losses,
damages, liability, and costs arising out of or in any way connected with the presence, discharge, release,
or escape of contaminants or hazardous substances of any kind, or environmental liability of any nature,
in any manner related to services performed by the ENGINEER under this Agreement.
4G. Supplemental Provisions. The insurance coverages and conditions afforded by the above- mentioned
policies shall not be suspended, voided, canceled or coverage reduced except after thirty (30) days prior
written notice by certifIed mail return receipt requested has been given to both the City Engineer and the
Risk Management Offices of the CITY.
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Certificates of Insurance meeting the specific required insurance prOVlSlons specified within this
Contract! Agreement shall be forwarded to both the City Engineer and Risk Management offices of the
CITY and approved prior to the start of any work. After review, the Certificate will be filed with the City
Clerk as a part of the official contract file.
Receipt and acceptance of the ENGINEER Certificate of Insurance, or other similar document does not
constitute acceptance or approval of amounts or types of coverages which may be less than required by
this Agreement.
The City may, at its option, require a copy of the ENGINEER's Insurance Policy(s).
All insurance policies required within this contract shall provide full coverage from the first dollar of
exposure unless otherwise stipulated. No deductible will be accepted without prior approval from the
CITY.
4H. Safety and Health Requirements. It is the ENGINEER'S sole duty to provide safe and healthful working
conditions to its employees on and about the site of Agreement performance. The CITY assumes no duty
for supervision of the ENGINEER. The ENGINEER will provide a "Drug Free" workplace in
accordance with Section 287-987, Florida Statutes.
The CITY may, without any liability to ENGINEER, order that the work stop at the site of Agreement
Performance if a condition of immediate danger to CITY employees, CITY equipment, citizens, or if
property damage exists. This provision shall not shift responsibility for any risk of loss for injuries or
damage sustained from the ENGINEER to the CITY, and the ENGINEER shall remain solely responsible
for compliance with all safety requirements and for the safety of all persons and property at the site of
Agreement Performance until the beginning of construction, which arise out of the ENGINEER's
negligence.
The ENGINEER shall comply with the standards and regulations set forth by the Occupational Safety and
Health Administration (OSHA), the Florida Department of Labor and Employment Security, and all other
appropriate federal, state and local reg ulations or City safety and health standards.
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S. GENERAL CONSIDERATIONS
SA. All documents including field books, drawings, specifications, calculations, etc. supplied by the
ENGINEER shall become the property of the CITY. The CITY acknowledges that such documents are
not intended or represented to be suitable for use by the CITY or others for purposes other than those for
which the documents are prepared. Any reuse of these documents without written verification or
adaptation by the ENGINEER for the specific purpose intended will be at the CITY's sole risk without
liability or legal exposure to the ENGINEER.
SB. When authorized, the ENGINEER 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 ENGINEER's final cost estimate by more than ten percent (10%), the
ENGINEER shall perform a detailed evaluation of the low bid. The evaluation will review the bid prices
on a line item bases, identifying areas of disagreement and providing a rationale for the difference.
Sc. The ENGINEER 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 ENGINEER describing the
services desired and providing a basis for compensation to the ENGINEER.
SD. Upon the ENGINEER's written request, the CITY will furnish or cause to be furnished such reports,
studies, instruments, documents, and other information as the ENGINEER and CITY mutually deem
necessary .
SE. The CITY and the ENGINEER each bind themselves and their successors, legal representatives and
assigns to the other party to this Agreement and to the partners, successors, legal representatives and
assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the
ENGINEER will assign or transfer its interest in this Agreement without consent of the other.
SF. The ENGINEER hereby agrees to indemnify, defend, save and hold harmless the CITY from all claims,
demands, liabilities and suits caused by any negligent act, error or omission of the ENGINEER, the
ENGINEER's subcontractors, agents or employees in rendering the professional services called for
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herein. It is specifically understood and agreed, however, that this indemnification agreement does not
cover or indemnify the CITY for its own negligence. The ENGINEER hereby further agrees to
indemnify, defend, save and hold harmless the CITY from any and all fines, costs, and expenses caused
by, directly or indirectly, with the ENGINEER's failure to comply with any applicable laws, statutes,
ordinances, or government regulations.
5G. The ENGINEER agrees not to engage the services of any person or persons in the employ of the CITY to
an allied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or
during its term.
5H. Key personnel assigned to City projects by the ENGINEER 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 as:
.
.
.
.
.
51. The ENGINEER shall execute the appropriate State of Florida sworn statement under Section
287. 133(3)(a), Florida Statutes, Public Entity Crimes prior to the execution of this Agreement.
5J. The ENGINEER shall attach a brief status report on the project(s) with each request for payment.
5K. The ENGINEER shall provide a Certificate regarding a "Drug Free Workplace" per the requirements of
State of Florida directive: City Memorandum No. 23 (90-91) dated December 17,1990, from George C.
Banks, CPPO, Director, Division of Purchasing.
6. COMPENSATION
6A. The ENGINEER shall be compensated for all services rendered under this Agreement in accordance with
the provisions of each Work Order, upon presentation of ENGINEER's invoice. An hourly rate schedule
and typical methods of compensation are attached hereto as Exhibit A.
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6B. Except as may be addressed in the initiating Work Order, the compensation for services shall be invoiced
by the ENGINEER and paid by the CITY once each month. Such invoices shall be due and payable upon
receipt.
Invoices are to be pre-numbered by the ENGINEER and issued per Work Order. Each invoice will
include a summary by CITY charge code as identified in the Work Order or addendums. Copies of
invoices for sub-consultants or other expenses of $50.00 or more per item will be attached to the
ENGINEER'S invoice.
Invoices are to be mailed to the City Invoices are to be mailed to the City of Clearwater,
PWAlEngineering, Administrative Analyst, P.O. Box 4748, Clearwater, FL 33758-4748 or 100 S. Myrtle
Avenue, #220, Clearwater, FL 33756-5520.
6C. The ENGINEER agrees to allow full and open inspection of payroll records and expenditures ill
connection with hourly rate and cost plus fixed fee work assignments upon request of the CITY.
7. PROmBITION AGAINST CONTINGENT FEES
The ENGINEER warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the ENGINEER, to solicit or secure this Agreement and that it has not
paid or agreed to pay any persons, company, corporation individual or firm, other than a bona fide
employee working for the ENGINEER any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
8. TERMINATION
This Agreement may be terminated by either party with seven (7) days prior written notice, in the event of
substantial failure to perform in accordance with the terms hereof by the other party through no fault of
the terminating party. If this Agreement is terminated, the ENGINEER shall be paid in accordance with
the provisions of outstanding Work Orders for all work performed up to the date of term ination.
9. SUSPENSION. CANCELLATION OR ABANDONMENT
If the project described in any Work Order is suspended, canceled or abandoned by the CITY, without
affecting any other Work Order or this Agreement, the ENGINEER shall be given vie (5) days prior
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written notice of such action and shall be compensated for professional services provided up to the date
of suspension, cancellation or abandonment.
This Agreement shall be administered and interpreted under the laws of the State of Florida.
10. TERMINATION OF CONVENIENCE
Either the CITY or the ENGINEER may terminate the Agreement at any time by giving written notice to
the other of such termination and specifying the effective date of such termination at least thirty (30) days
before said termination date. If the Agreement is terminated by the CITY as provided herein, the
ENGINEER will be paid for services rendered through the date or termination.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and
year above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
BY~..~:a. ~.%
Wi liam B. Home, II
City Manager
(Seal)
Attest:
By:
Countersigned:
~thia K ~~~.d
Approved as to form:
~~f]) 2//-
Assistant City Attorney
(Engineer must indicate whether
Corporation, Partnership, Company
or Individual.)
-PA~50"'5 \V~l~~&.
w.Y~~5TtzUc;TU~e
~
By: .' ~ (SEAL)
(The person signing shall, in his
own handwriting, sign the Principal's
name, his own name, and his title;
where the person is signing for a
Corporation, he must, by Affidavit,
show his authority to bind the
Corporation).
S. ~1JOY ~HOSJf
. .
V'C~ ~f:5IDENI
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EXIDBIT A
PROVISION OF PAYMENT
BASIS FOR PAYMENT
The OWNER shall pay ENGINEER and ENGINEER agrees to accept as full compensation for
its services (as established by Work Order) compensation as computed by one of the following
methods.
METHOD A - COSTS TIMES MULTIPLIER BASIS
Compensation in the form of actual costs times a multiplier as determined by the following
formula:
Actual Raw Salary Cost x Multiplier + Subconsultant Cost + Other Direct Costs
Multiplier 3.10 includes fringe benefit rate, overhead, operating margin and profit and is
subject to annual review.
Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be
based on billing rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing,
copying, long distance telephone calls, etc., times a factor of 1.00.
METHOD B - LUMP SUM
Compensation in the form of "lump sum" shall be determined by mutual agreement between the
ENGINEER and the CITY. The lump sum amount shall be negotiated based upon a scope of
services developed by the ENGINEER and approved by the CITY.
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.~ Clearwater
u
EXHIBIT B
City of Clearwater Engineer Of Record - RFQ 21-03
2003 Direct Hourly Salary Rates
CATEGORY MINIMUM PROBABLE MAXIMUM
Sr. Vice President $62.00 $71.00 $94.00
Vice PresidentlOfficer-in-Charge $52.00 $56.00 $65.00
Project Manaaer/Assoc. Principal $42.00 $47.00 $54.00
Construction Manaaer $32.00 $38.00 $48.00
Construction Engineer $24.00 $28.00 $36.00
Senior EngineerlScientist $37.00 $41.00 $49.00
Engineer/Scientist (III-IV) $30.00 $33.00 $38.00
Engineer/Scientist (1-11) $22.00 $26.00 $33.00
Planner $27.00 $34.00 $42.00
Landscape Architect $28.00 $32.00 $41.00
Field Technician $17.00 $20.00 $25.00
Senior Designer $24.00 $28.00 $34.00
Drafter/CADD Operator $16.00 $20.00 $24.00
Ooerations Soecialist $22.00 $30.00 $39.00
Fiscal/Accounting $22.00 $26.00 $35.00
Administrative/Clerical $14.00 $17.00 $23.00
REQUESTED MULTIPLIER
3.10