AGREEMENT FOR PROFESSIONAL SERVICES (57)EXHIBIT "�1"
AGIZEEMENT
FnR
PROF�SSIONAL SERVICES
This AGREEMENT is made and entered into un the �3 day �f y� ,?��1?
by and bet��een the Gity of Clearwat�r, Flarida (�CIT�,� and
Riller RPinhart Str�Gt��ral �r�i T r inc � i�N������)�d/ar (ARCHITECT�.
WITNESSETH:
WI�3�REAS the CIT�r d�sires to engage the ENG[NEER anci/or ARCHITECT t� perforrn certain
professionat sen�ices p�rtinent to such �v«rk in accc�rdance with this A�reement; and
W'M�REAS the ENCiTNEL-R andCar ARCHITECT d�sires tc� pravic�e such proi:essional s�r4�ices
in accardance «ith this ALreement; and
WNEREAS the CITY selected the ENGINEER andlor ARCHIT�CT in accordance ��-ith the
�ampetitive selection pracess described in Section 2�7,055 of the Florida Statutes, and based c�n
inic�rmation and representatiotts given by the �I�iGINEER anci/ar ,�RCHITEC�1` in a propc�sal
dated March 26, 2Q 12:
NOW, THEREFORE, in consideratie�n of thc pr�:mises and the mutua! benetits ���hicl� ���iU accrue
to the parties hereto in carry�ing c�ut the tern�s of ihis ��reement, it is rnutua(1�• und�rstood and
a�reed as follo��s:
1.0 GENF`12A[. SCO�'E OF TI-I[S AGREFMENT
'Th� relatic�nship ofi the ENGINE�R and�c�r ARCHIT6CT to the CITY �vili be tliat af� a
pr�fessianal e:�nsultant, and thc ENGINEER andtor ARCH[TE;C;`I` ���il! prc.�vide the
professiUnal and technical servires rce�uired under this Agreetnent in accordance t��ith
acceptabl4 engine�rin� practices anci ethical standards.
2.0 PkOFESSIONAL TECNNICAL SFRVICES
Z.l It shatl be the re�ponsihility c�f`the EN��t�I�I�ER andfc�r ARC�I-�I`I�EC'i� tc� wc�rk ��ith
and f�r the t:i'rY toward solutions tc� en�ine�ring prabl�ms and t}ie appr��cll c�r
teehnique to t�� used t�o�kard ar.ca�nplishment c�f the C`1TY's nbj�Ctive for �aeh �roject
or assi�nrnent. The ENGINEER's andlc�r ARC}�I`T���C:�1�'� ser�•ices shall includc.
�feveloping and pr��s�nting advisory opi��i�ns regardiizg the usei'uli��ss and cot�tinuei3
protitability of �Vater. Se«rer and Star�n�w°at�r C��ilitv S}rsCe�n i�acilities, the prc�per
maint��rtance c��i the elen�ents of the System and the design of capital iinprc�c��c�me��ts
dlereta; roads, drainage, structural analtsis, transportatian, traffic, envirnrim�ntal anci
�as syst�nis. Repres�ntati�e assignment areas are e�pecEed tc� inclu�c�, hut nc�t be limited
to, ptannin�, studies or �iesign senrices as list�d belo��:
1. Preparatian of c�nstruction drawin�s, speciYicatians and bid documents i'ar pubiic cvc�rks
�rojects, includin� but not timited to:
• strucwral engineerin� elements
•�treets ai�d rQadwa}rs, includin� intersection imprdven�ents
• parking facilities
* utility infrastructure, includin� water, wastewatcr, naturaI �as, storm water and
reclaim�d water
?. land surveyin� activities, including titl� seacch, aerial tar�et placentent, topo,�ra�hic
surve��s, right-of-�vay survevs, preparation at`ri�ht-of-�4�av cc�ntrol �un•etirs, pre}�aratic�n c�f'
ri�;ht-c�f-��•av mappin�lparcel deseriptic�ns/parcel sketch�s.
3. architectural serviccs
�. trans�artatic�n impro�-ement plannin� and studi�s, inciudin�� Proj�ct U�velc�pment �4�.
�nvir�rnnent (PD&E) studies
5. appraisals c�f land un��r cnnsiderati�n for acquisitic�n l�y the CITY
6. traffic c�perations activities, inclurlin� traffi� si�nal warrant analysis, �afety studi�s,
preparation c�f traffic signat ecanstruction documents. preparation of� pavement n�arking &
si�ning plans. assistance as needcd 4��ith the im�lementation c�f timing plans i:or and the
c�pecatian of'the City's l.lrban Traffic Signal Computer S�•sie:m
7. ha7�rdous materi�ls im��estigations, initi��tionfremadiatio�a plans aalci assc�eiated tasks
$. mana�emenc of construction cc�ntracts
9, revie�u and assessment af the ap�licabilit}� 01� dc:.si�nibuil�i contracts and/or Value
Engineering f't�r varic�us �1TY improv�ments
1[l. c�eveloprnenVpreparatian �f �rant ap�licatic�ns i«r CITY projects
I i. preparation of pennit �pplicati�n paek�ges, includin� water, ���aste �;jater, surfacc, �•atcr
managemznt, National f'ollution Dischar�e Eliminatic�n Sy�stem (NI'DCS), anci �-E:tland.
impacts: assistance in nteeting re�,ulatc�ry and �rant r�quir�:n�c;nts, permittin� and
preparaticm of pern�it dc�cuments �nc� representatic�n nf tl�e C]T�Y befor� ���ropriate
r�gulatory bodies
��. 411�'IPC1t1R1triial audits, includin� e��aluatic�►i of hazardous m�terials �c�tential,
archeaic��ical or histc�ricat resourr�es, iin�aaets to thrtat�ned c�r enc�angere� s�rcies
13. hydraulic/hydrologic mot�elin� of sirean�s, �iatersh�ds. water and ���aste«rater pipii�g
systenls and mod�ling �f treatment prc�ce�se�, etc.
i�1. cieve(c�pment c�f i��etland mitigation plans, includin� compliance n�onitc�rin�;
1 a. �at�r c�uality manitorin�, incl«din�, r�pc�rt preparratiort
lt��. �rep�ratic�n and impleme��tation of public invalv�ment pr�3�ra�ns, includin� graphics
(presentatic�n k�oar�s, sli�ies, handc�uts, etc.)
17. studies related t� stornywater mana�ement, master plannin�. design and tinancin�,
i�lriudin� stc�rmc�ater utility feasihility ancl implementatic�n
18. studies rclatcd tc� rales, user charges anc� i�npact up�n various a�ree�nents betwecn th�
C1T�' and its custamers, �uppliers and c�nsultants
1�). studies of recreationai facility improvements, including expansioi� vr im�ravements tca
txistin� facilitics �s «�ell a:� develc,pment oi� ne�� facilities: incluc�es �ossibie pre}�aration
of eonstruction �r,cuments {including pernlit�) and construetic�n znanageniei�t
?0. a4iatic�n ser��ices, including master �lannin� anci desi�n �f }�lanned i�z�prcavements
?l. preparatic�n oftraftic ca(ming plans
�2. landscape and irri�;ation desi��n
2�. c�thcr «�ork as may be reasanabt�� rGquircd under the �eneral scc�pe of prc�f�ssion�l and
t�ch.t�ical �t��ineGrin� ser��ices in ct�nnecti�n «�ith th+e CITY's publiG war�sten�±interin�
svstet��.
2.2 'l�he EN4rINEER's an�i/c�r ARCHITECT'S ser�°ices under this A�reetnent will �►e
�rovided under Work Urders. Gencrally, each Wark Ord4r �•ill inclucie ihe services for a
�ingl� prUject ar assi�n�lent, and it will cc�ntain a mutually agree�l-upc��� d�tailed scc��a� c�f
wc�rk. f`�e. and schedule c�f peri'ornlac�ce in accordanez «fith appli4able iiscal and
bud�etary ec�nstraints. T�tal c�mpensation for all services shall nc�t exceed $100.OQ0 per
Wc�rk C)rdtr untess �pecifically authorized by the City Council.
�.3 Tl�e ENG1NErR �nd/ur ARCHITECT shall maint�iri atY acieyuat� and cc�m��t�nt staii`c}i�
prolessionally yualified persar�nel a��ailahle to thc CITY for the purpc�se oi'rencierinL the
re�uireci engineerin� and;t�r architect servviGes hereunder, and sl�all dili�entl�� �xecute the
w��ark to n��et tl�e completinn time esta6lisl�ed in Wcirk Urder.
2.� Tl�e CITY � r�set-t�es ihe ri�lit ta enter into contracts ��itt� c�1h�r engineerin� andfar
archit4ct tirms for sitnilar servic�s. 't�h� ENGINEER and/or �'�RCHITECT �vill. «�hen
c�irected tc� d� so bv the CITY, coc�rdinati anci ��ork with other eii�;ineering and/ar
arcl�itectural firn�s retained by th� CITY.
�.� i'ERIt�D OF SERVIC.E
3.1 Tht EI�GINEER an�c,r A�ZC�-IITECT shall be�in �aFork promptl�° afte:r rec��pt c�f a fc�ll�
cxcctited cc�py of cach Work (�rder, in accurdance �ti�ith Para�,raph 2,2, at�c����. I2ecei�t c�st�
a tullv ex�cuted ��Vc�rk t:)rde:r shall constitute w7itten notice to prc�ceed.
3.`? I�'tlte �NGINEER's �tndl��r ARCHITEC'�I"� services called tc�r «ncier any Wc�rk C7rd�r are
de(���ed tar reasons beynnd tl�e EN(r1N��CR`s an�lar ARCI-�ITECT"S cantr��I. the tin�� Ui
perfarr�Yaz�ce shali be �djuste� as appropriate.
�.4 It is d�e intent of the panies hereto that this .�greement continue in force until threc (}}
vears from the aate caF exc�cution, suhjc:ct tc� the pro�°isians Iar terminatian ec�nt3ined
herein. .4ssignntents lhat are in progress at the Contract tern�inati�n date ��ill be
completed by the ENGINEER and/or ARGIIITECT unless speciiically� terminateci bv the
CIT�.
�.Q [NSURANCE RE0t1[R�FMENTS
5�e Exliit�it "B" attached.
S.Q I�ROF`ESSIONAL SERVICESICOI�SULTAN'I''S COMI'ETITIVE
NEGOTIATION ACT (CCN�) - Flr►rida Statuc Z87.(!�5
Professic�nal Services provided under this Agreement are «�ithin the sec�pe af� the practic�
af arehiiecture, landscape architecture, professianal engineerin�, or register�c� l�nd
sunreYin�, as �efined by the ]a�=s of th� State af Florid�a. Yravisions �f l�.�. 2$7.f�a5
�PP��`-
6.0 CENERAL CONSIDERATIONS
6.1 All dacuments includin� field books, c�rawing�, s�citications, calculatic�ns. �e�teehnieal
investigation re}pc>rts, etc., used in the preparatian �C the work shall be supplied b�r the
ENGINEER and/or �ARCHITECT anci shall heccrrne the �raperty of thc� C:1'T'Y. 'I�he CITY
�ckno��ledgc.s that such dc��uments are nc�t intended or represented to be suitable for use
by the CIT� or c�thers for purposes other than those for ���hicl� the documents are
preparec�. Any reuse of these documents without ���ritten verificatic�n or ada�tatian by the
�NGiNF�R andfor ARCHITEC:T For the specitic purlaose intended will be at ti�c� CITY's
sole risk ���ithout liabiiity or legal exposur� to the ENGINEER andlor ARCI-�ITECT.
6.? The ENGINEER andJar .�RCHITECT shall prepare preliminar�� construction cost
estimates with each desi�m submittal to verify the proposed design is u�ithin the City
project budgc:t�. Tize CN�INEER and/ar ARC'HIT�C'I' shall prepare a t7nal estimate of�
�robable eonstruciion casts, foitaw•ing CITY approval of the bid d�cuments and other
prebid activities. "I�he CITY hereby ackncn��led�es thai estimates a1� prabable canstruction
casts cannc�t be guaranteed, and suc:h cstimates �re not to he construed as a promise that
c�esigned tacilit'res «�iil not excee�i a cost limitation. Should the Ic�r��est, res�cm5ive and
accept�l�le bid price recei��ed by th� CITY ��tithin three (3) n�anths iram the d�te of� the
CITY's appraval of the bid dacuments eaceeci the EI�'GINEER's a��dlar ARCHITECT'S
fix�al cc�st estimate by mure ihan ten percent (10°�'0), the ENGINLLR a��d/c�r ARCHITEC."I'
shall perf`urm a detailed �valuation of th� 1��� bid. Tt�e �valuatian ��°ill revic��r tiie bid
priees �� � line item basi�, ie�entifti�ing are�s c�f c�isa�r�ement and �rc��ic�ing a ratic�n�l� fc�r
tiie �iFferene�.
b. � `I'he LNCi1NEER and/or ARC`HiTEC"T «�ill �rovicie e;��eri witctes,�s, if requireci. ta
testif}� in cc�nnection ���ith any suit al law. r�, suppl�m�ntal a�reement �i•ill he negotiatec�
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 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 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.? Ex�ept as n3ay t�e addressed in the initiating V4�c�rk Order, the cornpensation for services
sl�all be in4-oiced bv the FNGINLER ancilor ARCHITEC"I' and p�id hy tlte C["I'�` ance
cach n�t�nth, Sucli inv�ices shall be dii�. and �ayable upon reccipt.
7.3 TiYe ENGItil�,I;R at�d./or �►.RCHI�1'I=:C'C a��rees tc� allow futt and apen ins�eeticfn c�f payrc�ll
recc�rds and �xpenditures in eannectiun ��ith hc�urld r�t� at�d cost plus fixec� fee ��ork
�ssi�nn��nts up�n request of th� C1"rY.
�.t) PRONII3IT1{)N AC:AINST CONTINGENT FEF;S
The �l�fiGII*iCER andlc�r ARCHCT�1�CeC ��-�-r�nts lhat it has not �nlployed �r retained any
c�m�any �r person, other tl�an a bcma lide: emplc�y�ee ��rc�rl:ing solely� for the ENGINEER
anciic�r ARCHITEGT tc� solicit c�r seeure thi� �greement and il�at it I�as n�t paid or a�reed
to pa}� anS' persc�ns, c�mpany, carporati�n. individuat or tinn, oiher than � l�c�n� fide
emplo}�ee �A�orkin� for the ENGINCER and�or r1RCHI'I'ECT any tee, con�ani�,ion,
p�rcenta�c, �ift, or anv other cansider�tic�n, c:e�ntingtnt upc>n or resulting frc�m t�ie ac�>ard
or making c�t this A��re�ment.
9.0 TFItR'I[NATION
This As.�reeme�t mav be terminat�d by eith�er party witl� seven (7) da��s prior writt�n
notice, in the event c�1" substantia) failure to perlarm in aecardance with th� tern�s hercaf
b�� the other party �hrau�h na f�ault of tlie t�rnlinating parCV. If this Agr��ment is
termin�ted, ihe ENGIN�LIZ and/�r ARCHITECT shall b�: paid in accardance �,�ith t4�e
prcnrisions Uf c�utstanding Work {�rders fc�r all t�fork perfonn�ci u� tc� the �ia1e af
ternzination.
1 QO SL1SPEl�SIUN, CANCGLLATtON OR ABANDONMENT
tf� the project descrihet� in any Wark Or�er is su5pen�ied, canceled. ar abandaned hy the
CITY, witl��ut affectin� any other VVork Order or this ,�l�re�ment, the ENGI�NEER
ancilor ARCf�ITEC`� shaE! be �i��en ��re (S) days prior ��-ritten notice ut� sucl� action ai�d
�hall he compensated fc�r profes�ional services prc�vicied up tc� tt�e dat� oi� su�pension.
ca��cellatian c�r abanc�c�nn�ent.
This A�r��n�ent shall t�e administeree� and int�rpretrc� und�r the la�vy c�f the �tat� vf
Florida.
1 i.() TF:RMINATI(3N OF GONVENIEP�CE
Gither tlte CIT`Y or thc; ENGINE�CR and%c,r ARCHITGGT ma� Eern�inatc the !1�reement
ai a�ny tiine by gi��ing «-ritten nc�tice t« th+� e�ti�er oi si�ch tcn��it�ati«�1 and �pecifying tt�c
�l'fective c�ate of'such terminatian at lcast thirt_v (3O) �ays �Sefore said terminatic�n �iate. If
the Agre�n�ent is terminat�ci l�� the C1TY as �1C01`I��CI �'1i:C�111, the ENGINEEK �ndlor
11RCF�Ei'I'I���'T w�il! be paid for s�rviee� ren�Gr�d thrc�u�h the dat� c��t tern�inatic�n,
tN WI'T1v�ESS V4'F(EKEOF. th� parties herzta t�av�
daCe and ti•ear first abovi; ��•ritten.
Countersi�ned:
. ��r�t n C� C��S
George N. Cretek�s
Mayor
Camilt� Soto
Assistant City� Ait�r�ley
I3v: Robert J. Reinhart PE Vice President
:�u,�:"�a�; HEATtiER E POLAN�
WITNE�S: �•t ;'- MY COMMISSION # EEO '
., EXPIRES April 25, 2015
�ti:
w
GITY OF CLEARVti'ATER
By: L���tQ�ca.+,titi��
Wi[li�am B. Horne, II
Citp Mana�er
ATT�ST:
�`r.
�e
Ras�niarie Cal)
City Cl�rk
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 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 Certifcates 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 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.
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.
EXHIBIT "C"
PROVISION OF PAYMENT
BASIS FC�R PA�MENT
The ar��ner si�all �a}t ENGINEER and/or ARC'��IIT'EC�" and ENGINEER anc�%or ARCHITECT
dgrees tn �ccepi a� ful! cnmpensation far its sern�ic:es (as �stahlished bv Work �rder)
compensation as computed byr one of the fc�llo�t�°ing methc�ds:
Metho� "A" — Custs Times Multinlier Bartis —
C�mpensation in thz furcn ofactual costs tim�s a multiplier a� determined b�� tl�e fc�llo���in�
f�rmula:
Artual raw Salarv Cost (Houriy Rate) x Multipli�r -� Su�onsultant Cost + t�ther Dircct Costs.
v�Yr�s�—p1eo�Se s�� ��-�che�.
Multiplier mctuc�es frin�e benefit rate, o�-erheaci, c�perating n�argin and �rotit and is
su�iject to annaal revie��.
Subconsuitant C�sts are actua! costs incurred times a factor t�f 1.00. rletual custs shall be based c�n
billing rates for required tal�or classifieations.
()ther Direct Costs are lctual casts incurred �'or tra��el �utside �f�Tampa Bay area, printin�, copYin�,
lc�n� distanc� tttephane calls, �te., times a tactcar c�f 1.Q0.
Methad "B" — Lumn Sum —
Gompensation in the fonn o�� "lun�p sum" for all ��c�rk assc�ciated w�ith a Work Order pr task ar►c1
shall t�e det�rnained by ii�utual agr��ment bzt���een ihe ENGINEER anciJor ARC'I-i[T�C:T an�3 the
City. The lump sum amount shall bc ne�otiated based u�n the W ork C�rd�r scope of services and
a��rovcd by both the C:ity and th4 T'NGINEEW�I�CHITECT..
Hourlk Rates -
Th� estimated hourl>� rates belo��• reprisent 20l? ct�sts and cate��ri�s. Periociic c}�anges are
antici�ated and n�<�ditieation can be made annuall�� u�on Citv and ENGINEER ���3c�for
AR� HI'I�EG"t' revie���. (Note: All rates are haLtrly� salary)
�� • *
i er���r� �r
��STRUCTURAL GRC?!JP lNC.
Structural lntegrity is Our Business
CITY OF CLEARWATER ENGINEER OF RECORD RFQ 16-12
2012 DIRECT HOURLY RATES
PROFESSIONAL SERVICES
Job Classification Average Multiplier HOURLY RATE
Hourly Rate
Principal, P.E. $64.96 2.77 $180.00
Project Manager, P.E. $51.78 2.80 $145.00
Threshold Special Inspector, P.E. $51.78 2.61 $135.00
Senior Structural Engineer, P.E. $42.87 2.68 $115.00
Structural Engineer $33.44 2.84 $95.00
Senior Structural Technician $32.94 2.88 $95.00
Threshold Special InspectorAuthorized Representative $33.44 2.54 $85.00
Structural CADD Technician $32.94 2.43 $80.00
Administration $24.61 2.03 $50.00
Expert Testimony and Associated Services 167% of above rates
Time is billed "portal to portal" (starting and ending in Pinellas County)
REIMBURSABLE EXPENSES
Subcontractor, Subconsultant, Outside Services At Cost
Document Reproduction, Shipping Charges At Cost
Expended materials for field or office use, equipment rental, fees At Cost
advanced on clienYs behalf
Airfare, Automobile Rental, Parking, Tolls, Incidental expenses At Cost
incurred during travel
Use of Personal Automobiles, per mile Per current IRS standard
Electronic Data on CD, per disc $50.00
Drawing Plots, per sheet $11.00
Drawing Copies, per sheet (plus time) $4.50
Binding (In-House), each $25.00
Photocopying, per sheet (In-House) $0.35
4014 Gunn Highway, Suite 248, Tampa, Florida 33618
Telephone:813.908.7203 Fax:813.908.7303