AGREEMENT FOR PROFESSIONAL SERVICES (51)�
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AGI2�'FME�T
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PRt�FES�ION�L SER�ICES
This AGFZI:F"MFNT is made and enterec� intc� c�n the :�3 ci�y �f ,,t_.L�,. .?t712
b and bet��een t e Citv af Clearu��ater, Fic►rida {('[T�') �and
: �ENGINEER)andlor {ARCHITECT).
WITNESS�TH:
WHEREAS th� CI'I'� desires ta enga�e the ENGINEER andlor ARCHITCC�T to perfc�rn� certain
prof�ssional s�rvices �ertinent to sucl� wark in accctrdanee with this Agreement, �n�i
WHEREAS the ENGINEER andlor ARC'HITECT desires tc� �ro�ride such prc�fessic�nal services
in ac�c�rdance �writh this �gr�ement; and
WH�REAS the CITY selected the ENGINEER andl�r ARCHiTECT in accc�rdance with the
campetiti��� selectian pr�aeess described in S�ction 287.�55 of the Florida Statut��, and based an
infi�rmatic�n and represtntations �iven by the LNGINEER andlor ARCHITECT in a�arc�pc�sal
dat�d March 26. 20 t 2:
NC�W, THERFF()RE, in c�nsideration c�f the premises and the mutual benefits ���hicl� will �ecrue
to th� parties heretc� in canying out the terms of this A�reements it is mutualty uncierstc�ad ant�
��re�d as fc�ilows:
LO GENFRAL SCOPE QF THIS AGREEMENT
The relatic�nship of' the EI�GINEER andlor ARCHITEC`i` t� t1�e �.'I��Y wi(1 be that c�f �
professional consultant, and the FNGf'�iEER andlor t�RCHI7'EC'T �yi1E provid� the
prc�fessic�nal and technical sen�ices reyuired under this Agre�ment in accQrdancc: witl�
acceptable engin�erin� practices �nd ethical standards.
�
2.0 Pi2CiFE5S[ONAI, TECI3NICAG SEFZtipICES
2.1 It shall be the re�ponsibility of tl�e FNCiII`�EER and,jor ARC I-iIT�,CT tc� �•ark with
and fc�r the C1TY tvward solutions tc� �.ngineering probiems and the �pproacl� ��r
te�hnique to be us�d t��•ard accomplishment af the Cii"Y's ohjective for ea�h �rc��ect
or assignment. The ENGINEER's ar�d�t�r ARCHI�I`E::CI''S sen�ices s}�all incJude
c�evela�aing �tnci �reseniin� advisc�ry a�inions re�ardin� the usefulness aii�i cc�nfinueei
profitability of Water, Sewer and Starmw�at�r Lltiiity System fa�ilities, the prcrper
maintenance of the elem�nts t�f the System and the design of capit:al impr�a�=�m�nts
th�r�to; rc�ads, draina�e, struetural analysis, transparlaTic�n, trai'fic, envir�nmental and
�;as systetns. Representative assi�nznent areas ar� expected to include, but not l�e limited
to, plannin�, siudies or desi�n services as listed belQw:
Prcparatinn of constructican drawin�s, s�recificatic�ns anci t�id dc�tuments fcar �ublic u�c�rks
proj�cts, including but n�t limited ta:
• structural en�in�erin� elements
• strects anci rc�adways, including iniersection imprc��c;meilts
+ parking facilities
• uti(ity ir►frastructure, includin� water, wastewater, natura] �as, storm w�ter and
reclaimed v�rater
2. lartd surveyin� acti��ities, including title sc�rch, a�rial tar�et plaeement, topc��raphic
surv�ys, ri�ht-of-w•a� surveyss preparatian ofright-c�f-way c:ontrc�l surveys, preparatiern c�f
ri�ht-�f-way mapping�parcel descriptie�nslpaxcel sk�tches
3, architectural servic�s
4. transportati�n imprc�V�ment plannin� and studies, includin� Prc�j�ct Develc��ment �:
�nvironm�ni (PD&E) studies
5, appraisals of land under consideration far a�quisition by the C1T1'
6, traf�`ic taperatic�ns activities, inGlu�in;� traffic signal ��arrant analysis, safet� studies.
preparation �f traf:tic signal canstruction dc�curnents, preparatian c�f paven�ent markin� &
si�nin�; plans. assistance as needed v+tith the implementatian af timing plans for and the
operat:ion of'th� City's Urban 'Traffic Si,�n�l Cc�rnpuEer System
7. ha�.ardaus mat�rials investi��tians, mitigationlremediation plans and associated t�sks
�. management c�f constructic�n cantr�cts
�. review and assessment of th� applicability of desi�nlbuild contrac�is and/or Value
En�;ineering fc�r varivu� CITY' improvement�
1�. det�elopmentlpr�;paration of grant appiicatians for CITY projects
1 l. preparation of permit a�ap3i�ation �acka�es, including water, u��aste water, surface urater
mana�ement, Natic�nal Polluti�an lJzschar�e L;limination �y=�tem �NPDES}, and �etland
im�acts: assistance in me�ting re�ulact�ry and grani requirements> �ermittin� a,nd
preparatian c�f �ermit dc�cuments and representation c�f the CI7_Y k�efc�re ap�rc��riate
re�ulatory� bt�die5
1�. envire�nmental audit�, includin� evaluatian r�f hazardc�us m�terials pc�zer�ti�l.
archealc��ical c�r historical resouxces, impacts to threat+ened c�r endan�ered �p�cTes
13, hydrauiie/h}Fdrotogi� modelin� af' str�ams, l�-atersheds, u=ater and ���a.ste���ater pipin�
sti�stems and mc�d�lin� �f treatment processes. etc.
14. dev�l�spment of wetland miti�atic�n �lans, includin� eomplianc� monitorin�
l5. u-ater quality� mc�nit�ring, includin� repc�rt pr�paratiQn
i 6. �reparation and implementation c�i �ublic invalvemeilt pro�rams, includin�, graphics
(�res�ntatian bc�ards, slides, hand�uts, etc��
17, studies relaled ta stortn�Tater mana�en7�nt, master planning, d�sign and �narrcin�,
includin� starmwater utility fea�ibilit�� anti implernentatit�n
18. studies rclatcd tn rat�s, user char�es �rtd impact upon variaus a�reements beEween thc
CITY and its custom�rs, suppliers and cansultants
If�. studies of recreatic�nal facility imprt�cements, ineluding expansion c�r imprc�v�ments tc�
existing fa�ilities as weil as dev�lapment t�f new fac-ilities: -ineiuc�es possilai� pr�paratic�n
c�f eonstruction d4cuments (inciuding pertnits} and �anstruction mana�ement
2tJ. aviation services, including master pianning and desigr� of planned irnprcjvements
�l. prepa�ration c�ftraffic caIming pla►as
2�?. landsca}ae anci irri�ation desi�n
23. ather w�ark as may be reasonabiy required undcr ti�e �eneral sc�pe �f profe�sional �nd
techni�al engineerin� servi�es in cannection c��ith the CITY`s public worksien�ineering
system.
2.2 Tt�e ENGINEER's andl�r ARCHITECT"S services under this A�reement r�ill be
prc�l�ided under Work C7rders, Generally, each Work 4r�ier wiil include tiie ser�ices for �
single grojec�t c�r assi�;nment, anei it will contain a mutually agreea-upc�n d�tailed scope c�f
wc�rk, fee, and schedule c�f perfarm�nce in accc�rdance with applicabl� fiscal and
bud�etary ccanstraints. Tatal campensatic�n for all serviccs shall nc�t eaceed $1U0,000 per
Work iJrdc;r unless speGifically� authorized by the City Council.
2.3 °1"he ENGIN�ER �ndlc�r ARCHITECT shall maintain �n adequa�� and cc�mpetent stat�' c�f
prc�fessionally yualified p�rsannei availabl� to th� CITY fc�r the purpQSe of rendering the
requir�d engin�ering anciJor ar�hitect services hereunder, and shall diiigentl}�° execute the
ur+�rk to rneet the c�inpl�tion time established in Work (arder.
2.4 The CITY reserves the righi to entcr into cantracts with c�ther en�ine�rin� �ndlor
architect tirms fc�r similar services. The EI'r`GINEEPt andlar ARCf IITEGT will, ��hen
directed tc� dc� st� by� the �'ITY, ct�ordin�te and wark ujith c�ther en�ineering anti�or
architectural �irms retained by the CITY,
�.Q PFRIOD OF 5ERVICE
3.1 The ENGINEER andlc�r AFtCHITECT shali begin work promptly after receipt af � fully
�x��uted cc��}r of cach V4�ark (?rder, in accordance ��ith Paragra�h ?.2, a�o��e. Receipt vf
a fially executed W�ark t�r�er shall constitute written notice to prcaceed.
3.2 Ifthe ENGINEEIZ's �ndlor !�RCHITEC`I"'S s�rvices �alled for under any Work Qrder are
�ielayed for r�ase�ns t�eyond the ENGINE�R's and/t�r ARCHITECT'S cantrcal, the time c�f
performance shall kie adjnsted as apprapriate.
�
�.4 It is the intent of the p�rfies h�reto that this ��reement ct�ntinue in force ur►til thrc� (�}
vears from the date of executian, �ubj�et Eo the prc�visi�ns f'nr termination cnn#a�in�,d
herein. Assignments that are in prc�gress at the Contract t�rrninatic�n �ate will be
ccr�n�leted by th�e ENGINEER andlar ARCI-�IT� CT unless specifically terminated k�v the
CITY.
4.0 INSURANCE REOUIREMEI�iTS
See Exhibit "B" attached.
�.(} PI�tOF`FSSIONAL SEI2VICESICONSUG'1'ANT'S CQMPETITIVE
NEG+DTIATIQN ACT fCCNA) - Florida �tatue 287.Q55
1'ralessic�n�1 Ser�rices provided �xnder this A�reetnent are within the seop� �f th� practi�;e
r,f architecture, landsca�e archilectur�, prafessic�nal engine�ring, c�r regist�red tand
sur��eyin�, as tiefined by the laws of the State oF Fic�ric�a. Prc�visic�n� af F.S. 2$"7.i1S5
applX.
�.0 GENERAL CaNSIDERATI�NS
�i.l Ali do�uments including field boaks, drawings, specifieations, calcu(atic�ns, geotechnical
investi�atic�n reports, etc.* used in th� prepara�ion af the u�ark shall b� supplieci by the
ENGINEER and/or ARCHITECT and shali b�come the �roperty af the CITY. Th� CITY
acknowled�es that such documents are nc�t intended or repres�nted tc� be suita�Ie far us�e
by the �ITY c�r c�thers fc,r purposes other tlian those far w�Fhich the dt�cuments are
preparec�. Any reuse af these documents without w�ritten verificatiQn or adaptati�n by� the
�:NGINEEI� andlc�r �RCHITLC'7' for the speeific pur�c�se intended v�•ill �e at the CITY's
sale ri�k �r�ithput liability ar legal expasure tc� the ENGINEER �ncllor ARC�-iTTEC7',
6.2 �["he �NGINEER andic�r ARCHITECT sha11 prepare preliminary cc�,nstruction ccast
estirnates with �ach desi�r► submittal to verify the praposed desi�n is within the Cit}�
project budgeks. The ENGITIE�R andlor ARC'N1T��°i" �hail prepare a final �s�timate of
probable construction costs, fallowing C'I'TY approval c�f' the �id d�cuments and oiher
prebid activities. The CITY hereby ac}�nc�u�led�es �hai �stimates taf probabie canstruc�ir�n
casts cannc�t ae guarant�ed, and such estimat�s are not tn i�e ccanstrued as a prc�n�ise that
designed faciliti�s v�ril� nat exceed a cost limitatinn. Shc�uld th� lowest, respc�nsive and
�c�eptable bid price received b}� th� CITY wi#hin tl�ree (3) manths frnm the dat� �i the
�ITY's approcral of the bid tiocun�ents e�cce�d the ENGINEER's andlor AR�'HITECT'S
final cc�st estim�te by more than ten per�enl(10°l0), the �NGINEER andJor ARCHITEC"T
�h�ll perfc�rm a detailed evaluation of ihe iow bid. Th� e4aluataon will review the bid
price� +�n a line it�m ba�is, identifyin� areas af disa�re�ment and �rc�vidin�; a ratic�nale fc�r
the difference.
6.� i"he ENGINE�'R and/t�r ARCHI'I'ECT �vill pravide expert witnesses, i#` rec�uir�d, ta
t�stify in �c�nnec:tion cvith �ny suit �t la�k•. A�v�plemental agr�ement �s-ill be negotiated
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 andlor 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 and/or
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 andlor 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".
7.2 Exc�pt as may be addressed in the initi�tin� �ork tJrc�er, the cc�mpensati�an fc�r sen�ices
slzall be invc�iced b� lhe �;NGIN�`�R andior ARCHI`I"ECT and �aid by tl�e CITY c�nc�
ea�h mranth. Sueh invoice:� shall be due and paya�rle up�n r4ccipt.
?.� The ENGINFER andtor ARGHITE�7` a�recs ta atl�aw fuIi and ogen inspection t�f payroll
records and expenditures in cnnnectic�n with hourly r�te and cost �lus fixed fee ��•orh.
assi�nment� u�on request ofthe C1't'Y.
8,� I'RUHIBITI4N AGAINST CONTINGENT �'EES
Thc ENGINEER and/c►r �RCNIT�CT warrants tl�t it has nc�t �mpl�yed or r�t�ined any
e�m�any or p�rson, other xhail a Faona fid� �rn�loy�e wc�rkin� �alcly for the ENGINEER
�ncL'or ARCHITEGI` to solicit c�r secure this A�reement an�i that ii has not paid or a�reed
to pay any p�rsc�ns, cQmpany, cc�rporatian. indi��iduaC e,r firm, a1h�r than a bnna ficte
emplt�yee working for th� ENGINEER a�dlor ARCHI"T'ECT a�y fee, cc�mir�ission,
percentage, gift, or any c�tller can�ider�tic�n, contin�ent u�on or resulting trc�m the a���ard
c�r makin� c�f this A�reement.
9.0 TER��TCNATION
This A�r��ement may be terminated by either party wi#h seven {7) �avs �rivr wTittea
nc�tice, in th� event �f substantial failure to perfarm in accardance wlth the terms bereof
l�y� th� oth�r party throu�;h no fault af" the terminatin� party. If this A�reement is
terminat�d, th� ENC'rINEER andlc�r ARCHITE�'T shall be pa�d in ac��rdance with th�
prc�tirisi�ns caf �utstan�din� t��rk drders f�r all ti�drk perfarrned up to �he date nt'
terminatior�.
10.0 SU�PENSIaN, CANCELLATION C312 A�3ANDONMENT
If th� projeci described in any� Work i)rcier is sus�end�d, canceled, or ab�ndoned by the
CITY, without affectin� any other Vvork Order or ihis �greement, the ENC'rINE�R
and/or ARCHITECT shall be given fi�=e (�) days prior written natice af sucia actic�n and
shall be compen�ated for proi'essional services pr�vic�ed up tc� the date �f �uspension,
cancellatian ar abantiQnm�nt.
This A�re�m�nt shall be �drninistered an� interpreted under the lai�rs czf' the State of
Flarida.
a ] .0 T�RMINaTION �F C�NVENIEI�CF
Ciiher the C'ITY or the �2�1GFNEER and/or ARCHITE�`T ma}� terminate the I�greement
�i any tizne by giving written notice tt� the atlier of �uch terminati�n and �pe�ifying the
�ffective d�te of such tern7ination at l�ast thirt�� (30} days b�fore said t�rminatian date. 1#'
the A�re�ment is terminated l�y the CITY as prflvided her�in, the �NGINE�R andlQr
ARCHITE�T 4�tiil be paid fc�r $er�rices rendered thrc�ugh the ciate c�f termination.
i� WITNE�S VVHEF��:t7F, the parties hereic� have made anc� exe�cuted this l��reenaent o�.� the
datc and year first above written.
Cauntersi�ned:
- C�,PAftQ � C�R�C�OS
Cieoe�� Iv. Cretekc�s
Ma}ror
Assi�tant City Attarney
C `�'�S�/.aCCG C G�/rsr/����/�S
CI`I'Y �F CLEAR�YATER
l�y; � r—?� �b�t9-�-tL.�
V1�titliam B. Home. II
City Mana�er
ATTEST;
C3y:
Ras�m�rie Call
�ity Clerk
������f ry`����'�
0.�� V ��1 � /, �
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EXHIBIT "B"
RISK MANAGEMENT / INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
REVISED PER RISK MANAGEMENT 1126/2012
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:
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 utiliza.tion of watercraft 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, non-owned and hired.
6. PRODUCTS/COMPLETED OPERATIONS COVERAGE: The Other Party 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, certifed 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 Workers' Compensation insurance, subject to all of the
requirements stated herein prior to beginning work.
LOSS CONTROL/SAFETY: Precaution shall be exercised at all times by the Other Party for
the protection of all persons, including employees, and property. The Other Party shall be
expected to comply with all applicable laws, regulations, or ordinances related to safety and
health, and shall make special efforts where appropriate to detect hazardous conditions, and shall
take prompt action where loss control/safety measures should reasonably be expected.
The City may order work to be stopped if conditions exist that present immediate danger to
persons or property. The Other Party acknowledges that such stoppage will not shift
responsibility for any damages from the Other Party to the City.
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.
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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.
PROFESSI.ONAL LIABILITY, MALPRACTICE AND/OR ERRORS OR OMISSIONS:
If checked below the City requires the following lerms 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 purcfiase 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.
EXHIBIT "C"
PROVISION OF PAYMENT
BASIS FOR PAYMENT
The owner shall pay ENGINEER and/or ARCHITECT and ENGINEER and/or ARCHITECT
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 detemuned by the following
formula:
Actual raw Salary Cost (Hourly Rate) x Multiplier + Subconsultant Cost + Other Direct Costs.
Multiplier 3.655 includes fringe benefit rate, overhead, operating margin and profit and is
subject to annual review.
Subconsultant Costs are actual costs incuned times a factor of 1.00. Actual costs shall be based on
billing rates for required labor classifications.
Other Direct Costs are actual costs incuned for travel outside of Tampa Bay area, printing, copying,
long distance telephone calls, etc., times a factor of 1.00.
Method "B" -LumA Sum —
Compensation in the form of "lump sum" for all work associated with a Work Order or task and
shall be determined by mutual agreement between the ENGINEER and/or ARCHITECT and the
City. The lump sum amount shall be negotiated based upon the Work Order scope of services and
approved by both the City and the ENGINEER/ARCHITECT..
Hourly Rates -
The estimated hourly rates below represent 2012 costs and categories. Periodic changes are
anticipated and modification can be made annually upon City and ENGINEER and/or
ARCHITECT review. (Note: All rates are hourly salary)
.
GEOSYNTEC CONSULTANTS
CITY OF CLEARWATER ENGINEER OF RECORD
RFQ 16-12 2012 DIRECT HOURLY RATES
Rate
Job Classification Minimum ($ / hour) M�imum
T ical
Senior Vice President 62.12 70.00 76.69
Vice President/Officer-in-Char e 51.68 58.00 75.96
Senior Pro'ect Mana er/Grou Mana er 37.84 50.00 67.79
Pro'ect Mana er/Associate Princi a1 33.17 45.00 52.88
Constmction Mana er 20.67 26.00 40.87
Construction En ineer 37.84 50.00 67.79
Senior En 'neer/Scientist 24.46 40.00 48.08
En 'neer/Scientist III-N 25.00 34.00 45.67
En 'neer/Scientist I-III 16.68 27.00 45.67
Planner N/A N/A N/A
Landsca e Architect N/A N/A N/A
Field Technician 13.00 18.00 24.00
Senior Desi er 19.23 33.00 43.99
Drafter/CADD O erator 19.50 28.00 43.27
erations S ecialist 15.00 21.00 31.10
Fiscal/Accountin 14.50 22.00 35.82
Administrative/Clerical 20.60 21.00 30.27
MULTIPLIER: 3.655