AGREEMENT FOR PROFESSIONAL SERVICES (59)EXHIBIT "A"
A(;ItEEMEN'T
[�i1�7
PROFESSIONAL SERVICE4
1�his ACiRI_;�aMF:N'I� is rnade and entereci into tm Che �i� c��y c�f � . 2t� 1?
___--- - :�-� ____���.
��' �nd het�ve�;n the C'ity ��f Cl�arwater, Flt�rida (('[�I�Y� and
!�F_�n,.�L.....F�ri.IGr���L.�L--�.�a_• t�=NGINEEft}and/c�r {ARC�iITECT).
WITNE'�SFTN:
W�IER�A� the CI']�Y desires to en�a�e the ENC�I�EER andlc�r �RC'NiTI�C'"C to �aeriorn� eer�ain
�r�iessionai scr��ices pc:rtinent to such wc�rk in �t�cc�rciance with this A�r�ernei�t; and
WI��:REtlS the E�IGINF•,L•:R and/c�r ARC:IIIT�;CrC d�sires to prc�vide such �roiessional s�rvic�:s
in accordant� with this Abreem�:nt; and
WHI�.IZI�t�S ihe CITY sel�cted the ENGINEER �ndior AKC:HI'I�ECT' in at�+�rdance with the
cc�mpetitive selection �racess descrihed in Section ?�37.�55 ��'the Fl�ri�� Statut�s, arlci haset� c�n
inft�rnnati�n and representations given b� the �N�INEER �i3dlor �RCHI't`taC'"1' in a prc��ac�sal
dat�d M�trch 2(i. 2012:
N(�W, THERFI�(JRE, in cc�ntiiderati�n c�f iiie �remises ar�ci the mutual bettcfits w�hicll wik} accnie
ta the parties hcreto in carr}rin� out the tenns c�i` this A�rcement, it is muivally understc�c�d ac3c�
agreed as follows:
1.(1 G[�;N�I2AL SC'aPE OF THIS AGREEMENT
"rhe r�l�tic�nship t�f the �N�iII�£"T;R �ndlor ARC'HITCC'I' to tl�c C.ITY will I» tl�at af t�
�rofessicmal con�ultant, and the �N(iiNEF.R andior ARC�{I�I°I�.C"]� will �rc�vide tl��
�r��fessional and technical ser�;�ices req��ired under this Agrec:ment in accordance �ith
acceptable engineering practices and ekhical standarcis.
Z.0 �'RC1F��SIC)N�L TF,CHNIC:AL �E�2'�'tCES
2.l It shall hc the responsibility of th� F.1�GINEE�R and/t�r ARC'HI�(�I;CT tu �vork wiih
and for the CITY to���ard soluiions tc� 4ngin�ering �roblinas vtd the appro�ch c�r
techniyue ta be used to���ard accc�mrlishmet�t of th� C'f"t'Y's ohjective ft�r �ach �rc�j«i
or assi�nment. Tl�e EN(_iIN�'ER's andlor AIZC'H['1�E�:C"I..S serviccs shall include
developi�l� an�l prc�entin� �d���isory� apiniuns re��r�iirl� the ���el�uli7ess and continue�i
pr�fitabilit�� �f� V��atcr. Se�ver anr� St�>rrntiv�ter [.Ttilit�r System tacilitic;s, the �roper
maintenance ai�th� elenients c�f tt7� Srstem and tl�e c�esi�n c�f eapital irnprc���crne��t�
thc�ret�: r�aads. draina�;e, si��ctural analysis. trans�ortatian, iral�Gt. en���ironntental a��J
�as systems. Representati��t assi�nm�nt areas rire e�pcctecl lo include, hut not he limiic:el
to, �lanning, stttdie5 c�r desi�n strvices as �i:�ted below:
1. T�rc;parati��n oi� construcdc�l� drasiri���s, specitications ar�c� t�id documents [��r ��rEEi�lic ���arks
prc�jects, includin� but n«t limit�d ttr:
• struci��ral c����,in�erin�: et�ments
•�tr�ets anci rc��dwa��s, ineluding inters�ctic�n inapra��emerits
• parkin� tacilities
• utilitv infr�stn�cture, inclu�ing �vater, ���asttwater, nattirai �as, 5tc�nn ti�Tsiter ana
re�(aimeci water
2. iand sur��eying activities, includin� titl� se�rcl�. aeria( t�ir�et pla�:ernent, te��c��;ra�hic
surveys. right-of=way surv�ys. preparation of�ri�ht-�f-«�av cc�ntmi survey5, pr��aratic�n c�l'
ri�1�t-of=�aray mappin��parcel dcscriptir�n5l�ar�e1 sketches
3. architectural scrti�ices
�. transpc�rtation im�rovc�nent �lannir��, r�nd studi�s, i���lu�lin� I'rc�j�ct t)�vcic��mc���t c�.
f=:nvircrnment (PD�E} studies
5. appr�isals r.�f land under cc�nsideratic�n ti�r acquisition hv ch� (_'I`I�Y
Er. traffic c�peratic�ns ac#ivities, including traf�ic si�nal warr�ni �nalysi:�. safety studi�s.
pre�aration �f tratfic signal cc�nstruction docurn�nts, pr���ratidcl c�f �avemcnt markin�; &
signin� plans. assistai�ce a� neecicd ���ith the im�lernentatit�n �f timin� plans f�r and the
o�er�tticrn c7f the City's t_Jrb�n Tr�l�ii� Si�nal C�ntputcr �yste��l
7. haz�rdaus materials inve5ti�ati�ns, miti�atiunfremediation }�lan� aiid :�ssc�ciatc;d ta5ks
8. »anagement of�cc�iistnictiun contracts
9. review ��nd assessn�em e�f the ap�lica�ility �f desi�t�/huild cc�ntr�icts ��nci/t�r Value
En�ineerir�� ii�r ��arious CI"rY im}�rc�c�c�n�nt:+
1�. develc�pnlenG�prepar�ti�p t�f �rant a��lic�tions f��r C:I`TY pr�jccts
1 1. preparation a1� �ennit ap�lic�tion packages, includin� water, w�aste water. surface w°ater
mana�*enient, National I'ollution Dischar�c Climination System (NPI��S)� �and ��etla��d
impacts: �is�isiance in meeting reguiatc�n� and grant requirements, perrtiittin�, and
�rrparation OI� (]E;(`I1111 tIt�CU111CT11S �nd representatian o1� the CI'1'Y hefore ap�rc>printe
re�ulatory t�c�dies
l2. envirc»tmental atE�it�, includin� t�T�l��atit�n of l�az.ardous �naleria{s potcnti��l,
archeolo�ical or histc�ric�l re�«urces, i�n�acts t� threat�ned or cnd�rtgered s�eeic;s
13. hy�raulicihydrolc��ic modeling of streams. ti��atersheds, ��ater and ��aste���at�r }�i�it��
SYS1f:Illti and modeling c�f`treatment prc�cr:sse:s. etc.
14. d��felc��ment of�vctland miti�atic�n �lans, includin� com�li�nce rnc�nitnrin�
1�. ���ater �uality rnc�nitr�ring, includin� r��c.�rt preparation
16. preparatit�rl and im�lemtntati�n c�#� public involvement �rograms, including graphics
{presentafic�n E�oarcis, slides. h�n�ic�uts. etc.>
17. studies related ta st�rmwater mana�ement, master plannin�, dcsi�;n and iinancin�,
including storniwater utility fe�siiailitL and irn�lementaticm
18. stcidi�s rclated to rates, us�r charges and impact upon varic�us agreements hct4;�ren tiic
CiTY ar�d its eust�mers, suppiiers and consultants
19. studies c�f recreatianal facility irn}�rov�rnents, inciudir�g expansian ��r in�provemetits t��
cxisting facilities �s well as develc3�an�ent of ne��� facilities: includes �ossil�l� �re�araCian
of cc�nstructian dc�cuments (ineludin� permit5j and ce3nstruction mana�cment
Z0. a��iatic�n ser��iees, ine{udin� master ptanning and design ot �lanned improvcm�nts
2 i. pre�aratic�n af traftic calmin� �lans
?2. landseapc and irri�,ation desi�n
2>. �ther ���c�rk as may E�e reasc�nably rcquircd undcr the �eneral sc�pe �-�f pre�fessic�nal a��ci
tcehnical en�inrerin� ser��iees ii� connecticxl ��v�ith the C"[TY's pu�lie warksl�n�in4ering
5v�iex�i.
2,2 The EN(iINEER's and�'or ARCI�IITFvC'�l"S ser�ices under this Agr�ement will he
prc�vided uncier Work C7rders. Generall�, e�ch �'l'ork Order w�ii) include, the servi�es �t�r a
single pr�ject or assignment, and it ���ill cuniain a mut��ally a�rc�cd-uE�c�r� �letailkci sc���� c�f
wrc�rk. fre. and schedul� r�f perfi�rmance in ai:cor�tancc w�ith app�ic<�hle fcscal and
bud�et�rv cc�nstraints. T�t�l eompensation fr�r all ��nrices sh�ll nc�t exceed $10(�,040 per
Wc�rk ()rder unless specitically �uthc�rireci by ihe City Council.
2.� The IvNCi1NEEIt and/or t1RCi II7�EC'1� si�all mainiain an ac3eyuatc� ��nd c��n�pctent stafi� c�i�
prof'essic�nally� qualified pers�nn�1 available to thc C[TY fc�r th�: ptlrpc�s� nl` rendering thc�
re�uired engineerin� and/or �rchitect sen-ices llereuncicr, and �11�1i dili�ei�tly �xecute th�
wc�rk to meet the c.ompletic�n tinte esttrblished in VVc�rk C)rd�r.
2.4 Ti�e C[��Y res�:rves the right tc� enter intc� coi�tracts with other enginecrin� and/or
ar�hitect firms far �imilar scn�iccs. Z'h�e F�NGINEER andlor ARC�111'E;�''I� will� whert
directed tc� do s�� b�- the C'1"l�Y, c««rdin�t� and work �vith other et�gineerin� and/c7r
��r�hitecturai firms retaint,t� bt� ttte Ci`I�Y.
3.0 PFR[�D f)F SERVICE
3.l Th� ENGINE�K anc�/c�r ARCI-�I"I���'T shail begin work pro�nptly aftc;r rcceipt €�f a fi�lly
ex�ciited cc��y of each Wark Or��r, in accordance with Paragraph ?.2, ahove. Receipt of
a fully executcd Wc�rk t7rdcr shall constitute ��Titten notice to prc�ceed.
�.2 lf the ENCi1N�,EK's anei/or ARCHI�I�E:.CT'S scrvices called tor under am• Wc�rk ()rdtr are
delat�ed f'or reas�ns bevond the ENGINE�.�;R's anci!or ARCHITE:C"r'S ccmtrc�l. thc ti�ne of
performance shall be adjusted as appropriate.
3.� It is the intent of the parties hereto that thi5 A�r�ement c�ntinue in force until thr�� {;)
��e�rs from ihe J�te of exccution, suhje.ct to the prcnrisians tc�r termin�iic�n cc�nt:�ined
herein. Assicnments that are in pri�gress at the C'�ntract terminati�n date ��i(I be
completec� by thc E:NGINEI;R an�/�?r ARC'I11T'EC'7� u.nless s{�ecificall� tern�inatec� bS` th�
CiTY.
4.() INSURANCF RE(?IJIKF:MENTS
See Exhi�it "I3" attached.
�.0 NROFESSIONAL SE;RVIC'E�;/C:ONSl.11.TANT'S Gt)MPETITIVE
NEC�OTIATION ACT tCCNA) - Flurida Statue 2f3'1.(l5S
i'rofes�ional Sen�ices �ro�ricled ttnder ihis A�reernent arc� within the scc,�e c�f� the practic;e
�t� archit�cturc, landscape arctiitccture, prc�fessional �ngineerin�, or re�ister�:ci ���d
surveyin�, as c�efinec� k�v the laws of the State c�f Florida. f'rc�visican:� c�f F.�. 287.t)i5
appl�.
C�.Cr G�NERAL CONSiUERATIONS
G.l AI} ciocuments includin�, iield l�oal:s, drawin�s, speciticati�ns, calculations, geotechnic�l
inuesti�;aticm repc�ns. etc., usec� in the preparatic�n �f lhe wt�rk �hall t�e sttpplieci �y the
ENGINEER andlc�r �RCHITEC: T and shall hecome the �rc�perty c�f thi CI'i`Y. 'i'he C 1"i'Y
ackn�wlcd�e� th�t su�;h dac:uments are nnt inten�ied flr repr�sentec� ip b� suitab(e f��r t�s�
by t��e C('I'Y ar ot3iers for ��ir}�oscs other th�in thc�se fc�r c��hich th� t�l�CU111eI1[ti �re
prepared. Any reuse �rf�these �iocuments ���itl�out w�-ritt�n ���.zi�icaiian or ada�rtation by tl�e
f:NGTNI:ER and/or A�CIIITE:C"T' f�r the S�ecific pur�ose int�rtd�d �i�ill �� at ti�e CI"CY's
sole ris� c�ithaut liahility or legal cx�o�ure tc� the ENGINEER andlc�r t'�I�C'HITECT.
fi.? The ENGINEER and/or ARCHITECI� shall prepar� �relirnin�rv cc�n�truction cea�i
esti►i�atc:s with each design submittal to �{trify the propos�d desi�i� is within the C:ity
�rojcct hudgets. The [:NGINEi�R ancilcjr A�2.C~ill'I'NC"C' shall �rep�re a final estim�te c�l�
probable �o�lstn7�tic�n casts, foltowing CITY apprc�val �f� the l�i�i c�c��urnents and other
�rebid activities. "1'he C'I"1 Y hcreby acknc►w�l�d��s that estiinates ��I�prc�ha�le. �canstniciit�n
costs cann�t he �uarantecd, 1nd st�ch estimates :�re nc�t t� be t;c�nstrued as a�rc�misc that
desi�n�t4 f`acilitie� r��ill nc�t e�ceed a et�st limit�ti�n. ;4hould the li����est. res�onsive �nc]
acce�tahle t�id �ri�e received by ihe t'IT�' �°ithin thr�e (3 j mc�nths f'rt�m th� date at` the
CITY's approv�l �f thc bid dc��uments exce�ci t�t �:NGINEER's andlc,r r�RC� IITeC"T'�
final cc�st �siimate hy more than ien percent (�4%�, the E:NGINEI_:It a��cilc�r ARCI-(IT�E:C�I�
shall per(«rn� a detaileti evaluatian c�f the low �id. The cvaluatis�n will revie��- th� bit#
prices c�n a line it�m �iasis, ider�tifyin� areas ��f disagrcement an�l �r��vid�r�,� a ratic�nale: far
ti�e ditl'erenc�.
b.3 �The E;NCi1NI:E:R ant]Jczr �KCE{ITI?C'T w�i1t provide etperl witnesaes, it' rcquired, to
testif}� in connectinn ���iih anv suit at l�iw. !� su�plemental a�r�enlent ���ill be negatiac�c�
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 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 Exeept as tna�� he acldresscd in the initi�ting l�'ork Urci�:r, the cc�tn�cn5ati�n for sc;r� ices
sl�all be invc�iced bS• the F;NGINI,�;R andl�r .�1RCi-�I"I�EC"I� and paid �y ihe C'[TY c�nce
each me�nth. Sucl� ii�v��ices shall be du�: �ne� }�ay�able upnn receipt.
7. � "Tl�e I.;NG[�iI�I:R a►idlor ,ARCH1�1�1:C"i` ��r�es t� �llow fuii and o��n ins�eeti�an af'payrc�Il
recc�rdw �ind expenditiires in c��nneciion w�ith hc�urly rate and cost �lus t7xec3 f�e �v�rk
assi�nmei�ts upon request of the Cfi'Y.
i3.(l PROHIBIT[ON AG�tNST CONTINCENT FEES
'I��tic E:NGINI�ER and(car AFtC'I�l`t�I�C"I��w�rrants that it has nc�t emplay�ed �,r ��x�ined an�{
crampan�x car persc�n, other than a bc�na tide emplt�yee worki���, 4c�lcl_y fc,r the� ENC:;iNE;ER
andi�r t1RC'HITEC"�1� t�� solicit <�r securc this Agreement and that ii lias nt�t �aid e�r agree�
i�� pa;�� any �ersnns. c�»�pany, cur�oraii��n. indi4�i�ual c�r firan, c�ther th�n �� bcma fide
emplc>yce ���t7rking t-or the LNCtINEER and1c�r ARCIII'I'E;C`r anv fec. c<�n�missioti,
perc�:nta�e, �*if't, c�r any otllcr consicii:raticm. cuntingent uF�on or resultin� frr�m the ati��ard
or makin� ot�this A�reem�ent.
�.() TERMINATION
This A�reement may bz terminated by either �an�• �viti� �eve:n {7) cia�r� �ric�r w-ritt�n
notice, ir� the event oi` substantial t�ilure tc� �erf:c�rm in accardance «rith the terms 1�erc�t'
by thc �thcr �art1� thrc�u�h no fault of tt�e terniinating �arty. If� thi� Agr�:e.���i�:nt is
terminattd, the T;NC:r1NI�I:K and/c�r ARC'Hl"I'ECT shall bc paid in accc�rdance with the
pr�visic�ns of c�utstandin� Work {�rcicrs ti�r all ��c�rk p�rfc�nned u�s tc� the datc� af
terntinatic7tl.
10.� StJ�PENSION, CANCFLLATION OR ABANDONMENT
(i' ihe project describeci in any Worl: C)r�ier is sutipcndcd. caricel�d, c�r a�att��ncc� t�y thc
CITY, without affectin� any` c�ther Wark Urdcr or this 1��ree�ttent, the I:NGIN�,ER
and/or 1LRC'1-�I'rI�CT shail be �ivcn tive (�) da,ys prior u�-itt�n nc�ticc c�t` such �ctic�n an�i
Shall hE comp�nsatec� Ior pre�fessianril ser�rices �rc�vi��ed up to thL date of` sus�ension,
cancellation c>r abancic�nment.
This t��reemet�t shall b� �dministered and inter�+rc.teci under the 1����°s c�i' the State� c}t�
(�forici�.
11.O T�RMtNATION �F CnNVENIENCF
E;ither the Cl�i��' or tht F:NGIIvEL:R and/�r ARCHI"I�FCT may ter�ninafe the 1lgrecrnctlt
at any ti�i�e h}r �i�ring written notice to the c�ther �f such tcrminat�c�n and ��ecifying the
c.tiecti��i date c>f such termination ac least thirty (3�) days before said termin�3tiofl date. [f
the ���recm�r�t is tennin�ted hy= ti�e CIT`l' as pfio<<ided h�rein, the ENGINE���� �nt�i��r
f�RCI-iI�TI:CT Lvill he }�aid ti�r �enfices ren�errd throiigh the c�ate c�(�tennination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date and year first above written.
Countersigned:
" �l'P�p�l� � C�Q,�Q�
George N. Cretekos
Mayor-Commissioner
Camilo Soto
Assistant City Attorney
�n1T�Ft�,_I �,�.,�►l -�' �nll LG.G
By:
WITNESS:
.
By:
CITY OF CLEARWATER
By. ' .
William B. Horne, II
City Manager
ATTEST:
I�.
Rosemarie Call
City 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 ofiicers, 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�ibit) is defined to mean that the Other Party sha11 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:
L PRIMARY INSURANCE COVERAGE: For any claims related to this Agreement,
the Other Party's insurance coverage shall be primary insurance as respects the City,
its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers shall be excess
of the Other Party's insurance and shall not contribute to it.
2. RIGHT OF RECOVERY: Except for Workers' Compensation, the Other Party
waives its right of recovery against the City, to the extent permitted by its insurance
policies.
3. SEVERABILITY OF INTEREST/CROSS LIABILITY PROVISION: The Other
Party shall request that its insurers' policies include or be endorsed to include a
Severability of Interest/Cross Liability provision so the City will be treated as if a
separate policy were in existence without increasing the policy limits.
4. HOLD HARMLESS/INDEMNIFICATION: The Other Party shall indemnify and
hold harmless the City and its officers, employees, from liabilities, damages, losses,
and costs, including, but not limited to reasonable attorneys' fees, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the Other Party
and other persons employed or utilized by the Other Party in the performance of this
Agreement and any Work Orders issued under this Agreement. Other Party
acknowledges that it is solely responsible for complying with the terms of the
Agreement or a purchase order or contract arising out of the Agreement. (Revised
7/9/12)
5. NOTICE OF CANCELLATION OR RESTRICTION: Each insurance policy
required by this clause shall be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days prior written notice sent via certified
mail, return receipt requested, has been given to the City. It is the Other Party's
responsibility to ensure the notice requirement is met.
CERTIFICATE OF INSURANCE/CERTIFIED COPIES OF POLICIES: The Other Party,
if selected, will provide the City with a Certificate or Certificates of Insurance showing the
existence of coverage as required by the Agreement. In addition, the Other Party will provide to
the City, if asked in writing, certified copies of all policies of insurance. The Other Party will
maintain the required coverage with a current Certificate or Certificates of Insurance throughout
the term of the Agreement with the City. New certificates and new certified copies of policies
shall be provided to the City whenever any policy is renewed, revised, or obtained from other
insurers.
The address where such certificates and certified policies shall be sent or delivered is as follows:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, FL 33758-4748
CONSIDERATION FOR HOLD HARMLESS/PAYMENT ON BEHALF: The Other Party
agrees to accept, and acknowledges as an adequate amount of remuneration, the consideration of
$100.00 for agreeing to the Hold Harmless, Payment on Behalf of the City, Insurance and
Certifcates 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.
E�HIf3I7' „{">
YROV(SION QF PAYMENT
BASIS FOR PAYMENT
`T'h� �u~n�:�r shall pa�� [=N�i1Nt:l:R artd/��r r�RC'I�11 I���C"1` and I�i�1C�iINE���.ft andlor ��IZC�I�I�I�[1C'.I.
Ei�ree� tc� ��cce�t a� f ull c<�mp�ns�tic�n 1'c�r its �trvices {��s estat�lished by Wc�rk C)r•c�er)
compensatic�n �� c-�amputcd by c�r��: c�f tl�e fullc�win� n�eth�ads:
Method "A" — C'+�s#s 'Timcs Multinlicr 6asis —
C'ompensati�» in th� fi�r�n ��(�aetual eo�ts tirnes a r�ulti}�lier zi� detern�i��cc1 �y the �oll��w�ing
fc�rinula.
tict��al ra��� �alary C'<�st ( I-Ic�urly Rate) x Multiplier -;- Subcorlsultant Cc�st + t)ih�r l�irect Cc��ts.
Multi}�lier 3. 7� i�lclu�l�:s t:rin��� lxnelit r��te.. c�r�F�rhead, c��:rating mar�iri and prc�tii zx�d i�
subject to anntial revie«r.
5«E�c:onsultani CoSts are actuai cc�sts incurred times a i�ctor oC 1.f�U. Ac:tual ct�titti �+ila]� �i� ba�eci ��n
billin�; rates fc�r required labc�r c:lassiiic�ti«tt�.
(athcr I.?ircct Costs ar� actual cust� incurr�:d l�ot• trati�c�l ��ut�id�� of�Ta��lpa 1�3ay �irea. �rinti�l�, copying.
Ic�n� distancc tcleE�honc calls. etc,. times a iactt�r c�f 1.{)().
Method "B" — l,urt�p �um —
C:nmpensati�n in ihe t`�n» of` "I��mp sum" fi�r all ���c�rk assc�ciat�ti ��•it1� :i Wt�rk C:)t•cier oe ttzs}: a�1d
shali be detenTlincd by n�iit��al a�recmcnt bet��•eert the I;NCiTNI:E:R �anc�'c�r AIZC'I II�T'I�.C'T ��d the
C`it�•. The lum� �um timcaunt sh�ill hc ne�otiated hascd u�c�n the i�c�rk t�r�fer sc���e c�f serviccs a�i�i
apprc�vcd h}� both the ('ity ar�ci the I�NGINE��;RlARt'1-��1"I�I:t,"1�..
HaurlF� Rates -
T�he �stimated hourl�� rate4 b�lc����� represcnt 201? cc�sts ar�c� categaries. F'erif�dic ci�a►��es are
anticipaled �nd mc>dific�tic�n c�an bic:lalade annuall}� up�n City �nd E1'VC;lhi[�:?1=.ft �tnd!or
t1RC� If�I�I�=.C�1� revii���. tNii#e: All ra#es are 1�otirly� s�1ar��)
CITY OF CLEARWATER ENGINEER OF RECORD
RFQ 16-12 2012 DIRECT HOURLY RATES
Intertlow Engineering
Rate
Job Classification Minimum ($ / hour) Maximum
T ical
Senior Vice President $45.00 $50.00 $60.00
Vice President/Officer-in-Char e $45.00 $50.00 $55.00
Senior Pro'ect Manager/Group Mana er $45.00 $50.00 $55.00
Pro'ect Mana er/Associate Princi al $40.00 $45.00 $50.00
Construction Mana er $35.00 $45.00 $50.00
Construction Engineer $25.00 $30.00 $38.00
Senior En ineer/Scientist $40.00 $45.00 $50.00
En ineer/Scientist (III-IV $32.00 $35.00 $40.00
En ineer/Scientist (I-III) $22.00 $25.00 $32.00
Planner $29.00 $35.00 $45.00
Landscape Architect $30.00 $36.00 $45.00
Field Technician $15.00 $20.00 $25.00
Senior Desi er $26.00 $32.00 $40.00
Drafter/CADD O erator $18.00 $22.00 $26.00
Operations S ecialist $24.00 $30.00 $38.00
Fiscal/Accounting $22.00 $26.00 $32.00
Administrative/Clerical $15.00 $20.00 $25.00
MULTIPLIER: 3.2