PROFESSIONAL SERVICES AS ENGINEER OF RECORD
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AGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on this /64A--.. day of ~ ' 1995,
by and between the City of Clearwater, Florida (CITY) and Post, Buckley, Schuh & Jernigan,
Inc. (ENGINEER).
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 January, 1995;
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue
to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and
agreed as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
The relationship of the 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.
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2.0 PROFESSIONAL TECHNICAL SERVICES
2.1 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, drainage, structural analysis, transportation, traffic,
environmental and gas systems. Representative assignment areas are expected to include,
but not be limited to, planning, studies or design services as listed below:
1. Preparation of construction drawings, specifications and bid documents for public
works projects, including but not limited to:
structural engineering elements
streets and roadways, including intersection improvements
parking facilities
utility infrastructure, including water, wastewater, natural gas, storm
water and reused water
2. land surveying activities, including title search, aerial target placement,
topographic surveys, right-of-way surveys, preparation of right-of-way control
surveys, preparation of right-of-way mapping/parcel descriptions/parcel sketches
3. architectural services
4. transportation improvement planning and studies, including Project Development
& Environment (PD&E) studies
5. appraisals of land under consideration for acquisition by the CITY
6. traffic operations activities, including traffic signal warrant analysis, safety
studies, preparation of traffic signal construction documents, preparation of
pavement marking & signing plans, assistance as needed with the implementation
of timing plans for and the operation of the City's Urban Traffic Signal
Computer System
7. hazardous materials investigations, mitigation/remediation plans and associated
tasks
8. management of construction contracts
9. review and assessment of the applicability of designlbuild contracts for various
CITY improvements
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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, etc
14. development of wetland mitigation plans, including compliance monitoring
15. water quality monitoring, including report preparation
16. preparation and implementation of public involvement programs, including
graphics (presentation boards, slides, handouts, etc)
17. studies related to stormwater management, master planning, design and
financing, including stormwater utility feasibility and implementation
18. studies related to rates, user charges and impact upon various agreements
between the CITY and its customers, suppliers and consultants
19. studies of recreational facility improvements, including expansion or
improvements to existing facilities as well as development of new facilities:
includes possible preparation of construction documents (including permits) and
construction management
20. aviation services, including master planning and design of planned improvements
21. 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.
2.2 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, 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.
2.3 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.
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2.4 The CITY reserves the right to enter into contracts with other engineering firms for
similar services. PBS&J will, when directed to do so by the CITY, coordinate and work
with other engineering firms retained by the CITY.
3.0 PERIOD OF SERVICE
3.1 The ENGINEER shall begin work promptly after receipt of a fully executed copy of each
Work Order, in accordance with Paragraph 2.2, above. Receipt of a fully executed
Work Order shall constitute written notice to proceed.
3.2 If the 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.
3.3 It is the intent of the parties hereto that this Agreement continue in force until five (5)
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.
4.0 INSURANCE REOUIREMENTS
4.1 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 laws.
4.2 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 policies 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.
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The CITY shall be included and identified as an Additional Insured under the
policy/certificate of insurance.
4.3 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).
The CITY shall be included and identified as an Additional Insured under the
policy/certificate of insurance.
4.4 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.
4.5 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 defend, 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 judgements 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
committed during the performance of this contract.
4.6 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,
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the ENGINEER undertakes no such obligation hereunder, and the CITY agrees to hold
harmless, indemnify, and defend 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.
4.7 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.
Certificates of Insurance meeting the specific required insurance provisions 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.
In lieu of providing the CITY with copies of its insurance policies, the ENGINEER
agrees, within ten (10) day's of a written request of the CITY, to make available for
inspection and the taking of notes any original policy of insurance that is required by the
terms of this Agreement. Any of the following CITY representatives will be permitted
to inspect the policies of insurance: any member of the CITY'S legal staff or the CITY'S
outside legal counsel, CITY Manager's staff, Risk Management staff, or the CITY
COMMISSION. The policies of insurance to be produced will be made available at the
offices of the ENGINEER in Tampa, Florida during normal business hours of
ENGINEER.
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.
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The ENGINEER has advised the CITY that it carries large deductibles or self-insured
retentions in its policies of insurance. Presently, the liability deductible is $500,000 and
ENGINEER advises that it wants to be in a position to raise the deductible in the future.
The CITY agrees that ENGINEER may carry its deductible and may double its deductible
during the term of this contract provided it provides satisfactory financial data to the
CITY showing that it has the financial ability to satisfy the deductible. To show its
financial ability to meet the deductible, the ENGINEER will provide balance sheets, and
profit and loss statements for at least three years, together with such other financial data
as deemed necessary by the CITY'S Finance Director to audit the ENGINEER'S financial
condition.
4.8 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 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 regulations
or City safety and health standards.
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5.0 GENERAL CONSIDERATIONS
5.1 All documents including field \looks, 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.
5.2 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 basis, identifying areas of
disagreement and providing a rationale for the difference.
5.3 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.
5.4 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.
5.5 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 written consent of the other.
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5.6 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 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.
5.7 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.
5.8 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:
o John B. Zumwalt, Principal-in-Charge
o James G. Kennedy, Project Manager
o Kenneth E. Wilson, Utilities Engineering Production Manager
o James W. Bishop, Transportation Engineering Production Manager
o Elliot L. Grosh, General Civil Engineering Production Manager
5.9 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.
5.10 The ENGINEER shall attach a brief status report on the project(s) with each request for
payment.
5.11 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.
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6.0 COMPENSATION
6.1 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.
6.2 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.
6.3 The ENGINEER agrees to allow full and open inspection of payroll records and
expenditures in connection with hourly rate and cost plus fixed fee work assignments
upon request of the CITY.
7.0 PROHIBITION 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.
8.0 TERMINATION
This Agreement may be terminated by either party with seven (7) days prior written notice, in
the event of substantial failure to perform in accordance with the terms hereof by the other party
through no fault of the terminating party. If this Agreement is terminated, the ENGINEER shall
be paid in accordance with the provisions of outstanding Work Orders for all work performed
up to the date of termination.
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9.0 SUSPENSION. CANCELLATION OR ABANDONMENT
If the project described in any Work Order is suspended, canceled, or abandoned by the CITY,
without affecting any other work Order or this Agreement, the ENGINEER 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 administered and interpreted under the laws of the State of Florida.
10.0 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 of
termination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date
and year first above written.
Y, SC~ &~IGAN,JNC.
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POST, BUCKL
By:
ESS ~rn~
By:
Countersigned :
CITY OF CLEARWATER
By:
Yh?~
Approved as to form and correctness: Attest:
J~lc~ C~'-\LF.
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EXHIBIT 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 2.96 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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ESTIMATES FOR ACTUAL DIRECT PAYROLL COST (EXCLUDING OVERHEAD,
FRINGE BENEFITS AND OPERATING MARGIN)
The estimated hourly rates below represent PBS&J 1995 costs and categories. Periodic changes
are anticipated and modification can be made annually upon CITY and ENGINEER review.
(Note: All rates are hourly salary rates.)
Rate ($/hour)
Job Classification Minimum Typical Maximum
Senior Vice President 50.00 59.13 73.82
Vice President 33.65 41.89 50.00
Project Manager 32.45 37.65 45.05
Professional III/IV 25.96 31.17 41.68
Senior Professional VII 15.94 21.40 29.81
Professional 11.66 15.85 21.15
CADD Operator 8.53 14.41 17.55
Technician 9.62 13.06 17.07
Clerical 8.87 11.71 17.31
Designer 16.11 18.96 21. 65
3-Man Survey Crew 24.50 26.79 29.70
4-Man Survey Crew 30.50 33.06 36.20
Specialty Subconsultants
Burton & Associates:
Job Classification
Billing Rate ($/hour)
Principal
Senior Consultant
Consultant
Programmer
Clerical
125.00
100.00
85.00
50.00
35.00
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Specialty Subconsultants, continued
Bosek, Gibson and Associates, Inc.:
Job Classification
Billing Rate ($/hour)
President
Senior Vice President
Vice President
Branch Manager
Director
Senior Engineer
Engineer II
Engineer I
Senior Designer
Designer
Senior CAD Operator
CAD Operator
Analyst
Technician
Grant Administrator
Administrative Assistant
Clerical
130.00
110.00
100.00
90.00
85.00
80.00
70.00
60.00
65.00
50.00
50.00
40.00
60.00
60.00
50.00
40.00
35.00
cwater2.ctr
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