AGREEMENT FOR PROFESSIONAL SERVICES (58)EXHIBiT "A"
AGREEMENT
I�1� �
PROFESSIONAL SERVICES
This AGR.EEMENT is made and entered into on tihe ol � day of 4�,,c,Cr,x , 2012
by and b� ween e City of Clearwater, Floritla (CITYj and
1�_, {ENGINEER)and/or (ARGHITECT).
WtTNESSETH:
WHEREAS the CiTY desires to �ngage'the ENGINEER and/or ARCHITECT to perform certain
prflfessivnal services pertinent to such work in accordance with this Agreement; and
WHERE�S the ENCrINEER andlor ARCHITBCT desires to provide such professional services
ira accordance with this Agreement; and
WHEREAS the CITY selected the ENGINEER �ndlor AR.CHITECT in accordance with the
competitive selection process describ�d in Sectiion 287.455 of the Florida S#.atutes, and based on
informati�n and representatians given by the ENGINEER and/or ARCHITECT in a proposal
dated March 26, 201�.
NOW, THEREFijRE, in consideration of the premiscs and the mutual benefits which will accrue
to the parties heretfl in carrying out the terms of this Agreement, it is mutually understood and
agreed as follows:
lA GENERAL;.SCUPE �F THIS AGREEMENT
The relationship: of the ENGINEER andlor ARCHITECT to the CITY will be that of a
professional consultant, and the ENGINEER and/or AR.CHiTECT will provide the
professianal and technieal services re�uir�d under this Agreement in aeeordance with
accepfia.ble engineering practices and ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVICES
2.1 It shall be the responsibility of the ENGINEER andlor ARCHITECT to work wiih
and for the CITY toward solutions to engineering problems and the approach or
technique to be used taward accom�lishme�t of the CITY's o�jective f�r each praject
or as�ignment. The ENGIIVEER's a�dlor ARCHITECT'S services shall incluti�
developing and presenting advisory apinions regardin� the usefulr�ess and cantinue�i
profitabiiity of Water, Sewer and Stormwater Utility System faciliti�s, the pr4per
maintenanr:� of the elements of the System and the design of �api#al improvements
thereto; roads, drainage, structural analysis, transportation, traffic, environm�ntal and
gas systems. Represernative assignment areas are expected to include, but not be limitEd
to, pl�ning, studies or design services as listed belaw:
l. Preparation vf construction drawings, specifieatians �nd bid dacurnents far publi� warks
projects, including but not limited to:
• structural engineering elements
• streets and roadways; including interseetion im�rovemen#s
• pazking fatcilities
• utility infrastructure, including water, wastewater, natural gas, storm water and
reclaimed water
2. lanc� surveying activities, ineluding title search, aerial target placement, topagrap�ic
surveys, right-of-way surveys, preparation of right-of-way control surveys, preparation nf
right-of-way mapp'uiglpar�el descriptions/parcel sk�tches
3. archit�ctural services
4. transportation improvement planning and studies, inclnding Praject D�velopment &
Environment (PD&E) studies
5. appraisals of land under consideratio� for acquisition by the CITY
6. ttaffic operations activities, ineluding traffic signal warrant analysis, saf�ty studies,
preparation af traffic signal construcrion documents, preparation of pavement marking 8c
signing plans, assistance as neede�l with the implernentation af timing plans for and the
operation of the +City's LJrban Trafiic Signal Computer System
7. hazardous materials inv�stigations, mitigation/remediadon plans and assaciated tasks
8. ma�$gement t�f construction c�niracts
9. review and assessment of the applicability of design/build contracts and/or Value
Engineering fvr various CITY improvements
10, developmenUpt�eparation of grant applications for CITY projects
1 l. preparatian of permit applicatian packages, including water, waste wa#er, sw�face water
management, National Pailution Discharge Elimination System (NPDES), and wetland
impacts; assistance in meeting regulatory and grant requirements, permittang and
preparation of pem�it documents and representation of the CITY before appropriate
regulatory hodies
I2. environmental au;iits, including evaluatinn of hazardous materials potential,
archeologic�l or historicaI resburces, impacts to tt�reatened or endatngered species
13. hydrauliclt�ydrolagic modeling of streams, watersh�ds, water and wastewater piping
s�stems and modeling of treatment processes, etc.
14. development of wetland mikig�tiot� plans, including compliance monitoring
15. wat�r quality monitonng, including report preparation
16. preparation and 'unplementation of public invalvement progr�ms, including graphics
(pxesentation boards, siides, handouts, �tc.)
17. studies �elated to stormwaier mana�ement, master planning, design at�d financing,
including stormwater utility feasibility and implementation
18. stud�es related to rates, user charg�s and impact upon various a�reements betwe�n the
CITY and its custamers, supplier$ and consultants
1�. studi�$ of recreational facility improvement�; including expansion ar improvements to
e�sting facilities as well as development of new facilities: includes �assible preparation
of constructidn documents (including permit�) and cc�nsiruction management
2Q. aviation s�rvices, including master plantting and design of planned improvements
21, preparation of traffic calming plans
22. tandse�pe and imgation design
23. other work as may be reasonably required under th� general scape af pr�f�ssional and
technical engineering services in connection with the CITY's publie works/engineering
syst�em:
2.2 The ENCrII�iELR's and�or ARCHITECT'S servic�s under this Agreemeni will be
provid�d under Work Orders, Generally, each Work 4rder will include the servires for a
single project or assignment, and ii will contain a mutually agreed-upon deta���d scope of
work, fee, and schednle af performance in aceordance with applicable fiscal and
budgetary constraints. Tatai campensation for all services shall not exceed $1 OO,t�00 per
Wark Order unless specifieally authori�ed by the City Council.
�.3 The ENGINEER and/or ARCHITECT stiall maintain an adequate and competent staff �f
professionally qualifie� personnel available to the CITY far the purpose of rendering the
required engineering and/or' architect services hereunder, and shall diligently execute the
wor�C to ineet the comgletion time estal�lished in Work Order,
2.4 The CIT'Y reserves the right to enter into ccm#racts with other engineering andlor
arclutect firms far similar services. The ENGINEER and/or ARCHITECT wili, when
directed to do so by the C1TY, coordinate and work with other engineering and/or
architectural firms retained by th� CITY.
3,0 PERIUD �F SER�ICE
3.1 The ENG�EER and/or ARCHITECT shall begin work promptly at�er receipt of a fully
execc�ted cppy of each Work Order, in accordance with Faragraph 2.2, above. Receipt of
a fully executetl Work Order shall constitute written notice to prcxeed.
3.2 If the ENGINEER's andlor ARCHITE�T'S s�rvices call�d for under any Work Qrder are
delayed for reasdns beyond the ENGINEER's and/or ARCHITECT°5 contral, the tune of
perforniance shall be adj usted as appropriate.
3.�t It is the intent of the parties hereto that this Agreement conrinue in force unril three �3)
years from the date of execution, subject to the prnvisions far termination contained
herein. Assignments that are in progress at the Contract termination date will be
completed by the ENGINEER and/ar ARCHITECT unless specifically terminated by ttae
CITY.
4.Q INSURANCE REOUIREM�NTS
�
S�e Exhibit "B" attached.
Professional Servic�s provided under tlus Agreement are within the scope of the practice
of architecture, landsc�pe architectur�, professional enginecring, or register�d land
surveying, as defin�d by the laws of the State of Florida. Provisivns of F.S. 287.OS5
apply.
6.0 GENERAL CONSIIIERATIONS
b.1 t�ll documents inciuding field books, drawings, specifications, calculations, geatechrrical
investigation rep�rts, etc., used in the prepazatian af the work shall be sup�li�d by the
E1�TGTNEER and/ar AR.CHITECT and shall beeome the praperty of the CITY. The CITY
aclrnowledges tfiat such documer�ts are not intended or rep�esented to be suitable for use
by the CITY or others for purpos�s other than those for wluch thc do�uments are
prepaz�d. Any reuse of these doewnents without written venfication or adapt�lion by the
ENGINEER and/or ARGHITECT �or the speeific purpnse intended will be at the �ITY's
sole risk without liability or legal exposure to the ENGINEER and/ar ARCHITECT.
62 The ENGINEER antUor ARCHITECT shall prepare preliminary construction cost
estimates with each design submittal to verify the proposed design is within the Ciiy
project budgets. The ENGINEER andlor ARCHITECT shall prepaze a final estimate of
probable constructian costs, f6llowing C1TY approval of the bid documents and other
prebid activities. The CITY hereby ackr�owledges that estimates of probable r,�nstruction
casts cannot be guaranteed, and such estimates ate not to be construed as a promise that
designed facilities will not exceed a cost limitation. ShouId the lawest, responsive and
acceptable bid price received by the CITY within three {3) months from the date o�the
CITY's approva� of the bid documents exceed the ENGINEER's andlor ARCHITECT'S
finat cost estimate by more than ten percent (10%), the EPJGINEER andlc�r ARCHITECT
�hall perform a deiailed evaluation of the low bid. The evaluation witl review the bid
prices: on a line item basis, identifying areas of disagreement and providing a ratio�ale for
the difference.
6.3 The ENGINEER and/or ARCHITE�T will provide expert witnesses, if required, ta
testify in connection with any suit at law. A supplemental agreement will be negQtiated
between the CITY and the ENGINEER and/or ARCHITECT describing the services
desired and providing a basis for compensation to the ENGINEER andlor 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 offcers 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 andlor 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 identifed 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".
7.2 Exeept as m�y be addressed in the initiating INork Order, the compensation for services
shall be invoiced by the ENGINEER atidlor ARCHI�'ECT and paid by the CITY ance
each month. Such invoices shali be due and payable upon receipt.
7.3 The ENGTI�TEER and/or ARCI�ITfiCT agrees to allow full and op�n inspection of payroll
recr�rds and expenditures in cv�nection with haurly rate and ec�st plus Frxed fe� work
assignir►ents upon reques# of the CITY.
8A PR(3HIBITION AGAINST CONTINGENT FEES
1'he ENGINEER and/or ARCHITECT warrants tha# it has not employed or retained any
company or person, other than a bona fide employ�e working solely for the ENGINEER
andlo� ARCHITECT to soticit or secure this Agreemeat and that it has not paid or agreed
tt� pay any persons, �ompany, corQoration, individual or firm, other than a bona fide
employe� warking for the ENGINEER andlor ARCHITECT any fee, cc>mrnission,
percentage, gift, ar any c�ther +consideration, cantingent upon or resulting from the awazd
or making of this Agreement.
�.0 TERMII'�IATIUN
T'his Ag�ement may be terminated by either party with seven {7) ci�ys prior written
natice, in the event of substaatial failure tc� perfarm in accordance witl� the terms hereaf
by the vther Farty through no fault of the terminating party. if this Agr�ement is
terminated, the ENGINEER and/or ARCHITECT shaU be pai� in accardance with the
provisions of outstanding Wark Urders for ail vti+ork perforrned up to the ciate �f
termination.
10.0 SUSPENSION. CANCELLATION OR ABANDONMENT
If the project described in any Work arder is suspendeci, cancelcd, or abandoned by the
CITY, without affecting any other Work tJrder or this Agreement, the ENCriNEER
and/ar ARCHITECT shall b� given five (5) days prior written notice of such ac�ion and
sh�ll be com�ensated for professional services pravided up to the date of suspension,
can�ellation or abandonment.
This Ageernent shall be administered and interpreted under the laws af the State of
Flarida.
11.0 TERMINATION OF CONVENI"ENCE
Either the CITY or the ENGINEER ani�/or ARCHITECT may terminate the Agreement
at any time by giving written notice to ihe other oi such termination and speciiying the
effective date of sueh terminatioz� at least thirty (30) days before said terrnination date. If
the Agreement is terminated by the CTTY as provi�leci her�in, the ENGIN�ER and/or
AR;CHTTE+CT will be paid for services rendered thrcaugh the date af tern�inati�n.
IN 'WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
dat� and yeaz first above written.
Countersigned:
— C��eAr �� l� cr Q\ ti1�oS
George N. Gretekos
Mayoz
Assis#ant City Attorney
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CITY OF CLEARWATEI7
By: :
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i iam B. Home, II
City Manager
ATTES'T:
By: .�c:�nZLt,� �
Rosemarie Call
Ciry Clerk
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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
E�chibit) 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 sufiicient 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 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 Certifcate 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, certiiied copies of all policies of insurance. The Other Party will
maintain the required coverage with a current Certiiicate 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"
PRQ�ISION (]F PAYMENT
I3ASIS F�R PA�'MEI'�T
1fie ovwner shall pay ENGINEER and/or ARCHITECT and ENGINEER and/�r A,RCHITECT
agrees to acce�t as full compensation for its services (as established by Work Order)
compensation as computed by ane of the followiag methods:
_Me#bod �A" — Costs Times Multinlier Basis —
Campensation in the form of actual costs times a multiplier as �letermined by the following
formula:
Acivai raw Salary Cost (Hourly Rate) x Multiplier + SuUcor►s�,itant Cost + pp�� Dixect Costs.
Multiplier �, U includes fringe benefit rate, overhead, aperating margin and profit and is
subject fo annual review.
Subconsultant Costs are actual costs incuTred times a factor of 1.00. Actual eosts shall be baseci on
bi3ling ra�s fo� required labor classifications.
C}ther Direct Costs aze aactuai costs incuned for travel outside of Tampa Bay area, grirrting, copying,
Iong distance telephone calls, etc.� times a facior af 1.OD.
Methad �B" — Lama Sum —
Compensation in the forrn of "lump 'sum" for all work assaeiate�i with a Work Chder or task �nd
shall be detem�ined by mutual agrreeement i,�etween the ENGINEER annd/or ARCHITECT and the
City. The lump sum amouni shall be negotiated based upon the Work �rder scope of services and
approved by both the City and the ENGiNEERl.ARCHITECT..
Haarlv Rates -
The estimated hourly rates below represe�t 2412 casts and categories. Periodic cl�g�s are
aflticip�ted and madification can be made annually upon Ciry and ENGINEER and/or
AR�HITECT reuiew. (Note: AU rates are hourlp salary)
CITY OF CLEARWATER ENGINEER OF RECORD RFQ 16-12
2012 DIRECT HOURLY RATES (RAW)
H.W. LOCHNER, iNC.
Rate ($/hr)
Job Classification Minimum Typical Maximum
Vice President $64.00 $79.03 $86.54
Project Manager $0.00 $79.80 $0.00
Senior Project Engineer $56.74 $58.58 $61.95
Senior Engineer $46.00 $51.62 $55.31
Project Engineer $26.65 $35.12 $41.48
Senior Environmental Manager $0.00 $50.78 $0.00
Utilities Coordinator $0.00 $40.84 $0.00
Lighting Designer $0.00 $40.84 $0.00
Engineer $26.92 $31.53 $34.32
Planner $38.13 $51.68 $65.22
Certified Bridge Inspectors $28.56 $33.99 $39.42
GIS Specialist $0.00 $29.08 $0.00
CADD Technician $17.00 $24.34 $28.65
Accounting/Coordinator $0.00 $22.07 $0.00
Receptionist $0.00 $12.24 $0.00
Technical Assistant $0.00 $15.95 $0.00
MULTIPLIER: 3.00