AGREEMENT FOR PROFESSIONAL SERVICES (48)�+tl�.��� 1 Ct A ?71
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Thi� AGREEIvIEt*�`I` is made anGd �nte�ed into c�n t�ie �3 day af ;,� (. c-,- ��q12
b�+ and 1��tween the City of �lear�water, Flor�� ���ITi`) and
AD✓�NC�U EN6"inrEE,e�n/�' � , (�NGII'dE�R)and/t�r (ARC��IITFCT).
?.�SiG�/, i,�c .
WiT�fiESS�TH;
VJ3-�EREAS the CITY desires to enga�e the ENC'i-INE�R andlar ARCHIT�;CT' ta pez�orrn certain
�rcrf�ssional s�rvices pertin�nt tc� such wcarl� in accc�rd�nce with �his Agr�ement, and
VvHERCAS the ENGII�tEER and/c�r ,���:HIT�'CT desires tt� pr���ide such professiona�l services
in �cc�rclan�� with t#�is A�reement; and
WHEREA.� the Gii'Y selected the ENGINEER ar�cilc�r ARCHi'TECT in ac��rd�nce with th�
competitive s�l�ction prc�ce�s described in Secti�n 287.055 t�f the Florida Siatutes, �nd based c�n
"rr�fc�r�nation and representati�r�s given by the I�I�tGI��ER �d/c�r ARC'HITEC'i'" in a prc�pos�[
da#ed M�rch 2Ca 2012.
NC}W, T�iC�tEFtJI�E, in consideration t�f the pret�nis�s and the mutu�l benefits whi�h will accru�
�a the parties hereto'in ca.rryin� c�ut the t�rms c�f this A,�reement, i� is mutually und�rstt��d and
a.�re�d as fotl�ws:
�.0 G�NE��. SC(}PE +�� TH]S AGREF,MENT
The rclati�nship of thc ENGINEER and/c�r ARCHITECT tr� the �ITY will b� that c�f �
professiar�a! �onsult�nt, and th� �NGINEER andlor AItCHIT�CT wili pr�vide the
prnfessic�n�il and technical services required under this A�reement in acccardance wzth
acc�ptable en�inecring practic�s and �thicai stand�rd�.
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Z�� it �hait be the respc�nsibility c�f`the EN�INE�I2 artdlor ARCH�"1`"��T to v►work with
and fcar the CIT'Y tct�vard st�lut�c�ns �O �Cl�tit��i"i�� pYOb��iTlS c`iI1ti L�l� c��J(JTC3�C�1 Ol'
techniqtze tc� be u�ed tov�ard ae€omplishm�nt of the CI1'Y's Qbjective for each prc�}ecfi
or �ss'r ent. The ENGIN�;CR's �nd/c�r A�CHITEGT'S services sh�1l ir�ciucie
devetcr�in� and presentin� advisory c��aini�ets reg,ardin� the us�fulness �nd coutinued
prafitability of W�t�r, �w�r and Stc�rmwaier Ut"tlity System f�cilities, th� proper
r�ainten��e af tY�e elemer�ts �f the Syst�m and the d�esign of eapital imprc�vernents
thereCtiy r�rads, draina�e, structur�I `an�lysis, traz�sp�rtation, trai�ic, envirort�nental and
�as systerns, R�pres�ntativ+� assi�nment area� are exp�cteii tc� includ�, but nut be limited
ta, pl�nning, studi�ss or desi�n servic�s as listed'belc►w:
l, Preparatican c�f eonsicuctic�n dr�wings, specificatic�ns and bid da�uments i+�r �ubli�c wart�s
prc���ctsA includin� but nc�t lirnited to,
• structural �n�in�enn� �lements
• streets and roadways, in�Iudin� intersecticrn i�nprovetnezt#s
• parkin� faciiities
• utiiity iz�i�structure, iz�cluding water, w�sstewater, natur�l ��s, storrm wat�r �d
reciaimed water
2. l�nd surveyira� activities, including ti#lc s�arch, aerial tar�et placemcnt, Ec�po�raphic
surv�y�, ri�ht-oF way surv�ys, pr�paration caf ri�ht-+af-�ay cc�ntrol surveys; pre�aracic�r� c�f
righ�-of-way ma�pinglparcel de��riptions/p�rc�l sketch�e�
3, �:rthitecturaT �ervic:�s
4. transporr�tivn iznprovement plantaing �nd studies, inclu�ing Prc�ject I��velapm��t 8�
Environ�xient (PU&E� stud�es
S. apprai�aais �f land under consideratic�n fcar acqui:siti�n by th� CIfiY
6. tra#�ic �perations acii�ities, including tra�c signal ��van'ant analysis, �ety studies,
prep�ratian oi' traffic si�nal �onstru�ti�n documents, �reparation of p�v�meni ma�rki�,g &:
signin� ptans, �ssistance a� needed with th� implem�ntation af timin� plans for and the
�►p�ra�tion of th� Gity's IJr�an Traffic Si�nal C�mputer System
°7. dc�us materi�ls investig�tions, Criitt��Li0ilJ1'�iilCC�i:3t�OTi �?i�YIS �.t1C� �S�OGI�t�4� %c�5�5
8: m�nagemez�t af constructic�n �antracts'
9. r��riew �und assessment c�f the aPplicab�l'rty �f d�si�r�lbuild cc�ntracts andl�r Value
En�ineering'or various CiTY imprc�vements
]U. dev�ic�pmentlprep�ration c�i�rant a�rplzcatians ft�r CITY projects
l i. preparation of permit appiicati+�n p�ckages, includin� water, waste wat�r, suri'a�e wa�e�
managem�n�, �lation�l P�allutia�� [�ischarge Eliminataon Systen� (NPI�ES), an�i wetland
impacts: as�ista�ice in rneetin� r��;ulatory anc� �rant requireeanents, perrnittin� and
preparatic�n of p�rrnit dc��urn�r�t� and representation of �h� GI"['Y �fc�re apprc�priate
regulatary bc�dies
l2. �nviranmcnts�l �udits� ir�cludi.ng evalu�ti�n af haz.�rd�us rnaCerials pc�tertti�.l,
archec�lo�ical: c�r historica� r�st�ur�es, impa�t� to thre�t�ned �+r endang�red speci�s
13. hydr�ulic/hytirc�lo�ic mc�delin� of streams, watershecis, wat�r and wast���ter �aiping
sy�ien�s and m�deling af'treatm�t�i proc�ss�s, ctc.
��. d�velogm�nt tafwetland miti�ation plan�, includin� cumpiiance ms�nifioring
15. w�t�r qu�Iity manit�ring, it�cludin� r�p�rt preparation
16, pre��aarat'ron �nd implernentation of public involvemer►t prog�rar�a�, including; gr�phics
(pres�nt;�tion baards, slides, handi�uts, etc.�
i7. studies relat�� tc� stormwater m�na��ment, masl�r plannin�, d�sign and �nancin�,
'tncluding �tt�rmwater utilit� Feasibility and implementation
1$. stud'tes r�Iated to rat�s, user charg�s and impact upon variou� agre�ments between the
CITY �nd its custc�mers, suppliers anci c�nsul�nts
19. stu�ies c,f recreatiortal facilit�r zrnprav�ments, inciudi�g expansion ar imprQVements tc�
�xistit�g f�t�ilities as w�li as develcrpment of new f�cilities. inciut�es pc�ssibl�; preparati€�n
of construction dc►cum�nis ('rncluding p�rmits} and can�tructit�n mana�ement
20'. avi�tion: s��ric��;. inciuding �naster planning and design t�f planned imprc�v�rn��tts
21. preparatic�n +af traf�� caimin� plans
2�. landsca�a� az�d irri�dtic�n desi�n
2�, c►tt��r wc�rk as m�y b� reas+anably rer�c�ir�c� und�r th� ��neral �op+� o�' professional anci
teehni�al en�ineerin�; s�rvic�s in cor�nection with the CI`� Y's public wc�rks/en�in�ering
sy�[em.
2,� Th� �I�iGINEER's andl+�r ARCkIIT�:�T�� services und�r this Agr�ern�r�t wi�l b�
�rsavided wader Wark Ord�rs, �iener�Ity, �a�h W�rk Urder will include the �rui��s f�r �
sin�le project c+r assi�nment, �d it wiil contair► a mutually agreed�upon d�tail�d scc�pe of
��rc�rk, F�e, �nd �ch�dtile of performance in accard�nc� with appli�abte fisca� �rnd
budgetar� canstraints. Tofial �om.pensatzon fc�r ali servi��s sha11 not e�c�e�[ �1004flt�Q ger
Wcar�C Urder unless speci�c�lly authariz�d by t�e City Cc�uncil.
�.a The �NCiINEER andl�� ARCHiT�:�T shali m�int�in an adec�u�te and cc�mpetent sta�t o#`
prc�fessionallY qualiFed �aersc�nzael available ta the GITY f�r the purpas� +�f r�ndering the
rec�uired en�ineerin� anc�lc�r archit�ct s�rvic�� he�eund�r, and shail diligentiy execute the
work #o meet the c�rrkpletic�n time established in Work f�rder.
2.� The +�ITY reserv�s the right tt� enter into contracts w�ith c�t�er en�in�erin� and/or
architect firms f�r similar serviees. The �NGINE�.R. andJc�r ,�RCHITEGT wiil, �?hen
dir�cted to d� �a by the �tT"Y, ct�rdinate and w�rk with other engineering andlc�r
archit��tural tirn�s r�tained by the CITY.
3.t� PER.I�� OF aE�V�CE
3.1 The ENCiI�EER ancUor Ai�CHi°��CT' shall begin work pronaptly a�t�r receipt of a t'ulty
e��cut�d cc�py �af each 1�%orl� Urder� in a+ccard�ce with Para�raph 2.2, �bove, Rec�ipt oi'
a fulty e�ecuted V+dc�rk G►�c��r shall canstitute w�itt�n notice to proc�ed.
3.2 If the �I�tGII�iEER's andlt�r ARCHiT'�GT'� services callecl Cor under an� V4�c�rk �rder are
d�layed fc�r r�ast�ns beyrand th� ENtiIN�ER's �r►df�ar ARGHITE�1�'� �c�ntrr,l, the tirne c�f
performan�e shali be adjusteci a� �ppr�priat�.
3.� It is the �atent af th� p�.rrties heretca that thi� �gre�mertt continui� in forc� u�til three (3)
years frorn the date af e�cecution, sub;�e�t t+u tla� prt�visions fi�� tcrmination ct�ntained
k�erein. Assignm�nts that �re in prc�gr��s at the C'-nntraet termirtatic�n dat� u�ll be
campleted by th� ENCIN�'�R andCc�r AIt+�Ht�`ECT unless speci�icaliy tcrminated by the
CTTY.
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a'ee �Xtltbtt r•$" Atti3Cllk>t�.
Prc�fc�sit�nal �ervices provideti under thi� A�re�m�n� are within the scape of the pra�tice
caf architeeture, tands�a�e �rchitecture, prc+fessionat engineeringa or registered land
�urvey�n�, as defined by th� ]�ws af" the St�te c�f Flcrrida. Provisio�� af F.�. 287,{��S
appl}�.
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6,1 Ail dc�cuments i�acluciing field bc��ks, �lrawings, speciticatiansF �alcul�,tic�ns, ge��cchnical
i�nvesti�atian repcarts, etc:, used 'tn the �rr�paratian of t}�e wc�rk shali be suppli�d by th�
EN+��tEER andl�r ARCHiTEGT and sh�ll becc�me the property of the �ITY. The CIT"Y
acknc�wiedges that �uch d�ac�urtents ar� n�t inte�ded c�x repzesented ta be suitable #or use
by the CIT� �r athers fc�r purpc�se� other than those fc�r which t�e dacum�nts ar�
prepar�d. Any reuse af t�t�se dcacuments withc�ut written verificati�►n a� adap#a#ion by the
ENGINEER audlc�r �3RCHITEGT fc�r t1�e sp�cific purpt�se intended will b� at th� GI'�'Y's
sale risk withc�ut 1�ability c�r Ee�al exp��ure to the ENC"rINEER andlc�r ARCHI'T�G°T,
6.2 The EN�II�iEER �ncUor A�.CHITECT shali prepare preliminary �o�►struction c�ast
�stimat�s wit:h �ch desi�;n submittal tc� veri�'y the prr�pt�sed �esign is within th+� City
prt�j�ct budgets. The ENCTNEFF� andlerr ARCI�IT�CT shall pr�par� a fin�l �stimate c�f
prob�bl� constntcti+�n c�sts, fa�lic�wing !�ITY approv�l c�f the bid dcrcuments antE oth�r
pr�bid a�tiuities. The CIT"Y hereby aeknc�wledges that estimates of prt�b�bl� canstructi+�n
costs �not b� gu�raz�ieed, artd suck� estimat�s �u`e nc�t tr► t�e canstrueci �s � promis� that
desi�,n:�d facilities will nt�t exceed � ca�st lirr►itati�n. Shouid the lowest� c�es�n�iv� and
�ccegtabl� bic� prie� r�ceived by the CTTY within three-(3) m�nths from th� date of the
CITY,s apgcaval oftk�e bid documents �xceeti the �NCI�*1EER's �ndtor �R�HITE+�`�"'�
final c�st estimat� 6y more tl�a;n ten p�rcent (lfl°��, the ENGZNEER andl�r AR��ITEC`F
shall p�rform a tietaii�d evaivatir�n af the 1ow bir�. The ev�tuatic�n will rev�ew the b�d
prices on a line item basis, id�ntifying areas of dis��reem�nt and providin� a eati�r�nale far
the dif'ference.
6.3 The EN�iNE�R andlor ARCHIT��`I` wiil provide e�pert witn�ss��, it requir�d, ta
testity in cc�nnectic�n with,any �uit at law, �, supptemental a�,r�ement will be ne�otiated
between the CITY and the ENGINEER and/or ARCHITECT describing the services
desired and providing a basis for compensation to the ENGINEER and/or ARCHITECT.
6.4 Upon the ENGINEER's and/or ARCHITECT'S written request, the CITY will furnish or
cause to be furnished such reports, studies, instruments, documents, and other
information as the ENGINEER and/or ARCHITECT and CITY mutually deem
necessary.
6.5 The CITY and the ENGINEER and/or ARCHITECT 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 andlor
ARCHITECT will assign or transfer its interest in this Agreement without written
consent of the other.
6.6 The CONSULTANT shall indemnify and hold harmless the CITY, and its officers and
employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the CONSULTANT and other persons employed or
utilized by the CONSULTANT in the performance of this AGREEMENT and any
WORK ORDERS issued under this AGREEMENT. (Revised 7/5/12)
6.7 The ENGINEER and/or ARCHITECT 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.
6.8 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: Project Manager and technical experts.
6.9 The ENGINEER and/or ARCHITECT shall attach a brief status report on the project(s)
with each request for payment.
7.0 COMPENSATION
7.1 The ENGINEER and/or ARCHITECT shall be compensated for all services rendered
under this Agreement in accordance with the provisions of each Work Order, upon
presentation of ENGINEER's and/or ARCHITECT'S invoice. An hourly rate schedule
and typical methods of compensation are attached hereto as Exhibit "C".
7.� �xcept as may be �cidr�s�ed in the initi�ting ��ork (�rder, the cvmpensation fr,r se�ices
sh,�ll �e invc�iced by the EI�GI2d�ER �►dJor �1RC�-iITECT and paid by the CrTY c►r�ce
��ch mc�nth. �uch invoices shall be du� �ind payable upon recei�t.
7.3 Th� E�iGTNFEI� ancllor ARGHi`�'E�T a��s ta allow fuli and c�pen insp�ctit�n �ipayrt�tl
recards an� �xpenditur�s in conne�ti�n w°ith hQUrly rate and cc�st �lus fix�ci F�e urt�rk
assi�rr�rn�ents upon req�est c�f t�t� GITY,
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`T'h� �NGIN�ER �ndlor A�CHTTEC"I� warrants t�ia# it h�s n�t +�mployed c�r reta�ned an�r
cc►mpany or person, t�ther th�n ;� 6on� fitle emptt�y�e workang s�[ely for the GNC�IN�ER
�cU�r �R.CI�ITECT t� sali�it ar secure thi� A�reement and that it has not paid �r �greed
f� pay any �aersons, carnpany, corparation, individual ar f rm� c►thec than a brana ��ie
emplcryee vJOrkin� fcrr the ENGINEER andlar AR�HITECT any f��, corr�missian,
pe�rcentag�z gift, vt any oth�r ccansid�ration, cr�ntingent upcsn c�r resulting trarn the award
or makir�� oithis A�re�z�ez�t,
.� . �
T�iis A�reement may be terminated by �ith�r p�rrcy with s�ven (7) days prit�r 4vr�tten
notice, in the event af substantia3 failure ta perForm in accordance with the terr�xs hereo�
b� the c�ther party throc�gh �ao fault c�f t.�aae termin�ti�� partya If this Agr�em�n� is
te�rrnrninat�ci, the EI�tGINEER andlor ARCHiT��T sha�I be paid in acc�rdan+�� �rith the
prnvi�io�s c�i' outstan�ing Wc�rk Urders f�r �11 work performed u� tr� �ie dat� +�f
terminiati�n.
' 1 � 1 1' � 4 � �
If the pc�ject describe� in any 1iVor�: (7xder i� suspend�d, c�nc�led, or abandoned by th�
CITY, withc�ut a�tectin� any other W4rk Urder or this A�reement7 the El�l'GINE�R
andle�r ARCHIT�CT sh�ll be giv�n �iv� (5) d�ys prior written notice vf such acti�n and
sh�il be comp�nsated for prc�fessian�� services provid�d up to the c�t� o� �usp+ec�sion,
cancellatiar� t�r a�aandc�nment.
This A�reem�nt shall be admini`t�red �nd interpreted und�r the l�w� o� the State c�f
Florida.
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Either the CIT'Y r�r 'the ENGLNEEP �zad/or ARCHTT��T may terminate the Agreernen#
�� an� C�me by givin� written nc�ti�e tc� the c�ther c�f such termination and speci�ying th�e
�ffe�tive date c►Fsueh terr�in�tion at leasi tl�ir�y (30j �lays iaefare said termination dat�. I:f
th� Agre�m�ni i� tetminated by the CIT"Y as prc�vided I�er�in, th� ENCrTN�ER and/r�r
ARCHITECT �ill be paid fc�r services rendered throu�;h the date c�f terrnination.
IN "tVVITNESS tWH�itE�F, th� parties heret� h�ve �nade and �xecuted this A�reem�nt +�� th�
date and year fir�t at>ov� v�ritt�nn,
�truntersigned:
- �P��1t n C�{��S
CleCli�e N. CPeP�k.i3S
l�a:y�r
Camilo Sc�tc+
A�sistar�t Ci#y Att�mey
:_ _�t
f�D✓l�NCED E�t/G'i�✓EE,2/n��' � .�ES/�'�1/, �NC
$ �i(/ _
Y� .�.�..
V4rITNES��
By
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� -�-�..�,,.; .� ��, �
M !
t3y:
Rosemarie Call
City Cierk
EXHIBIT "B"
RISK MANAGEMENT / INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
REVISED PER RISK MANAGEMENT 1/26/2012
STATEMENT OF PURPOSE: The City of Clearwater enters into agreements and contracts
for services and/or products with other parties.
Agreements and contracts shall contain Risk Management/Insurance terms to protect the City's
interest and to minimize its potential liabilities. Whenever applicable, the following terms shall
be included in agreements and contracts.
CITY DEFINED: The term "City" (whenever it may appear in this Exhibit) is defined to mean
the City of Clearwater itself, its Council, the Community Redevelopment Agency of the City of
Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida
Statute, its duly appointed officers, or other public bodies, officers, employees, volunteers,
representatives and agents.
OTHER PARTY DEFINED: The term "Other Party" (whenever it may appear in this Exhibit)
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.
HOLD HARMLESS DEFINED: The term "Hold Harmless" (whenever it may appear in this
Exhibit) is defined to mean that the Other Party shall indemnify and hold harmless the City, and
its officers, employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Other Party and other persons employed or utilized by the Other Party in
the performance of this Agreement and any Work Orders issued under this Agreement. (Revised
7/9/12)
PAYMENT ON BEHALF OF CITY DEFINED: The term "Payment on Behalf of City"
(whenever it may appear in this Exhibit) is defined to mean the Other Party agrees to pay on
behalf of the City, and to pay the cost of the City's legal defense, as may be selected by the City,
for claims or suits arising from the fault of the Other Party or other persons employed or utilized
by the Other Party in performance of the contract. Such payment on behalf of the City shall be
in addition to any and all other legal remedies available to the City and shall not be considered to
be the City's exclusive remedy. (Revised 7/9/12)
INSURANCE: The Other Party shall, at its own cost and expense, acquire and maintain (and
cause contractors and subcontractors, if utilized, to acquire and maintain) during the term with
the City, sufficient insurance to adequately protect the respective interest of the parties.
Specifically the Other Party must carry the following minimum types and amounts of insurance
on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,
then coverage can be obtained on a claims-made basis with a minimum three (3) year tail
following the termination or expiration of the Agreement. These insurance requirements shall
not limit the liability of the Other Party. The City does not represent that these types or amounts
of insurance to be sufficient or adequate to protect the Other Party's interests or liabilities, but
are merely minimums:
1. COMMERCIAL GENERAL LIABILITY: $1,000,000 per occurrence, including
but not limited to, bodily injury, personal injury, property damage, premises-
operations, products/completed operations, contractual liability, independent
contractors, and liability assumed under an insured contract. If Commercial General
Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. AUTOMOBILE LIABILITY: $1,000,000 per accident combined single limit, for
bodily injury and property damage for any owned, non-owned, hired, or borrowed
automobile. �
3. WORKERS' COMPENSATION: Other Party will obtain and maintain during the
life of this contract, Workers' Compensation insurance in accordance with the laws of
the State of Florida, for all of Other Party's employees employed at the site of the
project. Coverage should include Voluntary Compensation and U.S. Longshoremen's
and Harbor Worker's Act coverage where applicable.
4. EMPLOYER'S LIABILITY: $100,000 each employee, each accident, and
$100,000 each employee/$500,000 policy limit for disease, and which meets all state
and federal laws. Coverage must be applicable to employees, contractors, and
subcontractors, if any.
5. WATERCRAFT/AIRCRAFT LIABILITY: 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 properly damage
arising out of ownership, maintenance or use of any watercraft or aircraft, including
owned, non-owned and hired.
6. PRODUCTS/COMPLETED OPERATIONS COVERAGE: The Other Pa.rty is
required to continue to purchase products contract or agreement, for minimum of
three (3) years beyond the City's acceptance of renovation or construction projects.
ACCEPTABILITY OF INSURERS: Insurance must be placed with insurers with a current
A.M. Best's rating of no less than A-VII.
DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductibles or self-insured
retentions must be declared to and approved by the City. The City may require the Other Party
to provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention.
ADDITIONAL INSURED: The City is to be specifically included as an additional insured on
all liability coverage described above except for the Workers' Compensation and Professional
Liability coverage's.
OTHER INSURANCE PROVISIONS: The General Liability and Automobile Liability
policies are to contain, or be endorsed to contain, the following provisions:
1. PRIMARY INSURANCE COVERAGE: For any claims related to this Agreement,
the Other Party's insurance coverage shall be primary insurance as respects the City,
its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers shall be excess
of the Other Party's insurance and shall not contribute to it.
2. RIGHT OF RECOVERY: Except for Workers' Compensation, the Other Party
waives its right of recovery against the City, to the extent permitted by its insurance
policies.
3. SEVERABILITY OF INTEREST/CROSS LIABILITY PROVISION: 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.
4. HOLD HARMLESS/INDEMNIFICATION: The Other Party shall indemnify and
hold harmless the City and its officers, employees, from liabilities, damages, losses,
and costs, including, but not limited to reasonable attorneys' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the Other Party
and other persons employed or utilized by the Other Party in the performance of this
Agreement and any Work Orders issued under this Agreement. Other Party
acknowledges that it is solely responsible for complying with the terms of the
Agreement or a purchase order or contract arising out of the Agreement. (Revised
7/9/12)
5. NOTICE OF CANCELLATION OR RESTRICTION: Each insurance policy
required by this clause shall be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days prior written notice sent via certified
mail, return receipt requested, has been given to the City. It is the Other Party's
responsibility to ensure the notice requirement is met.
CERTIFICATE OF INSURANCE/CERTIFIED COPIES OF POLICIES: The Other Party,
if selected, will provide the City with a Certificate or Certificates of Insurance showing the
existence of coverage as required by the Agreement. In addition, the Other Party will provide to
the City, if asked in writing, certified copies of all policies of insurance. The Other Party will
maintain the required coverage with a current Certificate or Certificates of Insurance throughout
the term of the Agreement with the City. New certificates and new certified copies of policies
shall be provided to the City whenever any policy is renewed, revised, or obtained from other
insurers.
The address where such certificates and certified policies shall be sent or delivered is as follows:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, FL 33758-4748
CONSIDERATION FOR HOLD HARMLESS/PAYMENT ON BEHALF: 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 the City, Insurance and
Certificates of Insurance provisions in the Agreement.
SUBCONTRACTORS: Other Party shall require and verify all subcontractors, if used,
maintain insurance, including Warkers' Compensation insurance, subject to a11 of the
requirements stated herein prior to beginning work.
LOSS CONTROL/SAFETY: Precaution shall be exercised at all tirnes 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.
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:
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.
FIDELITY/DISHONESTY INSURANCE-COVERAGE FOR EMPLOYER:
Fidelity/dishonesty insurance is to be purchased to cover dishonest acts of the Other
Party's employees, including but not limited to theft of vehicles, materials, supplies,
equipment, tools, etc.; especially property necessary to work performed.
FIDELITY/DISHONESTY INSURANCE-COVERAGE FOR CITY:
Fidelity/Dishonesty/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 RENOVATION OR CONSTRUCTION
CONTRACTS: If checked below, the City requires the following types of insurance for
renovation or construction contracts. This is in addition to the required coverage's previously
cited and the Additional Insurance for Repair or Service or Other Contracts.
COMMERCIAL GENERAL LIABILITY PROJECT AGGREGATE: Because the
Commercial General Liability form 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 LIABILITY: 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.
BUILDER'S RISK: Builder's Risk Insurance is to be purchased to cover all risks of
loss in the complete and full value of the project with no coinsurance penalty provisions.
This insurance shall insure the interests of the City, the Other Party, and all
subcontractors in the work and shall insure against special form causes of loss (all risk
perils), including collapse during construction, for replacement cost (including fees and
charges of engineers, architects, attorneys and other professionals). The Other Party shall
obtain and maintain similar property insurance on equipment, materials, supplies and
other property and portions of the work stored on or off site or in transit. Builder's Risk
Insurance shall be endorsed to permit occupancy until such time as the facilities are
completed and accepted by the City and written notice of the fact has been issued by the
City.
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 following replaces the previous Hold Harmless wording:
The Other Party shall indemnify and hold harmless the City, and its officers, employees,
from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Other Party and other persons employed or utilized by the
Other Party in the performance of this Agreement and any Work Orders issued under
this Agreement. The intent of this includes all claims for financial loss with respect to
the provision of, or failure to, provide professional or other services resulting in
professional, malpractice, or errors or omissions liability arising out of the negligent
performance of this agreement or contract, unless such claims are a result of the City's
own negligence. (Revised 7/9/12)
X PROFESSIONAL LIABILITY/MALPRACTICE/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 minimum limits of $1,000,000 per occurrence.
If a claims made form of coverage is provided, the retroactive date of coverage shall be
no later than the inception date of claims made coverage, unless prior policy was
extended indefinitely to cover prior acts.
Coverage shall be extended beyond the policy year either by a supplemental extended
reporting period (ERP) of as great a duration as available, and with no less coverage and
with reinstated aggregate limits, or by requiring that nay new policy provide a retroactive
date no later than the inception date of claims made coverage.
WRITTEN AGREEMENT/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 City
that incorporates, either in writing or by reference, all of the pertinent provisions relating to
insurance and insurance requirements as contained herein. A failure to do so 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.
CXt�II31�T' "C"
PROVISI(JN OF PAYMENT
BASIS FOR PAYMENT
"I'he c����ner shall pa�� ENGINf;ER and/ur ARC'iiI'I'�C'�I' and FNGINF_.E:F�t andlt�r AFZC't�I"t�EC1°
a�rees tc� ��ccept as full cc�m�ensation fc�r its services (as establish�d by Vi,'c}rk ()rdec)
compensatio�� as carnputed by one of the [ollt����ing �nethods:
Method "A" — Custs `Times Muitinlier 13asis —
Comp�nsation in th� fonn of'actual costs times a multiplier as determined bv the fi>llcawin,�
formula:
Actual raw Salary C<�st �Ii�7urly Rate) x Multiplier + Sutxonsu(tant Cc�st + Othcr [)irert �"asts.
Multiplier o�� 8�� includes irin�e benclit rate, ov�rheaci, c��rating mar�in and pr��lit zin�i is
subject to annual review.
Suhcansultant Costs arc actual casts incurrcd times a factor aI' 1,00. llctual costs 4hali tx hase� vn
billirrg rates lur required fabc�r classilicatio�ls.
t)ther Direct C'osts are ac;tual costs incurred i:or tra�rel outside c�f� 7�ampa L�aav area, printii��„ cc��yin�,
lc�n� distancc teleph�ne ealls, ete., times a tactc�r uf� 1.�(J.
Methad "R" — Lump Sum —
Gc�m�c:nsation in thc ft�rm c�f "lutnp sum" tcar all work �ssociatcci «�iih �� Wc�rk ()r�icr �r ta.�k ancl
shall tx determin�d by aiutual agnement bNtti�^een �l�e F�NGtNI;I:�R ar�dfor ,�RC'1II I't�C'�I� arid tlte
Gity. The lump sum amt�unt shall be negotiat�ed br�.�ed upon the Work Order scope nf`services ti�t�rj
a�praveci by b�th the City and the [iNGINI�ER�ARCi�ITECT..
Hourtv Rates -
The estinl�ted hourly rates belt�w represent 2012 costs and categaries. PeriUdie changes arc
anticipated and ntc�diticatic�n can be made annuail�� upon Citv anc� ENGINI;I:R ��n�'c�r
�RCHI"['£'.CT review. (Note� All rates �re haurly salary)
ADVANCED ENGINEERING & DESIGN
� � � � � r
� � � � r � � �,
Rat�
Job �la�sificatian i�i�imum (� / hour} Ma�sum
Ty�ic�l
5�nior V ic� i'residen� ��� �V ��4 N�,Q
Vice Presiden#lt)fficer-in-�Char e 5 Z S� � fl
�ninr Pco'e�t Iv� erJ(�rc�u Mat� er � �P `- 3 S�
P'rt�'�ct 1�+1ana erfAssoci�te Princi a1 3� �3 ��
Consm�cticrn Niar�� er � � � 3 �6
Gc�nstructit�n En ineer 3 d .3 `-f 3 7
Se�ic�r En ineerlScientist 3 � �3 �S
En ineerl�ci�r�tist lii-I�' 30 .3 �f 3 7
�n �neerl�ci��tist I-IZI 2-` 2 8 30
Plann�r
�'/A nllA iVl�9
Landss�� Archite�t �✓/,q ��9 �///-�
F��;id Tecchnic�� 2 � 2� 2 8
Senic�r T�►esi er 3O �2 3�f
llrafterlCA�U {7 erat�r 2 2 28 ,3�
U ration� S eciatist ill/,g N/A N/�
����r�����r� N/,� �/� �I,�
Ac�mini�trativ�lClericaf 15 / f 23
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