AGREEMENT FOR PROFESSIONAL SERVICES (63)EXHTBIT "A"
AGI2FEMENT
Fnit
PR(JFESSIONAL SERVICES
This AGRFEM�E?�JT is made and entered intc� c�n the oi3 day �f _��� • 2012
by and bctw�een the Cit�� of Glear�vater, Floricia (CITY� and
Leggette, Brashears & Graham, Inc. , (�NGCNEER)andtar (�RCHITECT).
V�'ITNESSETH:
WN�REAS the CfI`Y desires to engage the E"NG[NEER andlor ARCHITECT tc� perform eertain
pr�fessional services pertinent to such wc�rk in accc�rdance with this Agreement; and
WHEREA� the ENGINEER andlor ARCHITECT desires tca pr�vide such prof�ssiona( services
in accordance with this A�reement; and
WHEREAS the C[T'Y selectec� the ENGINEER and/c�r ARC HIT�:C`�I� in accor�ance with the
cornpetiti��c selection process described in Section 287.055 of the Floricja Statutes, and based c�n
inf�rmatican and repcesentations given by the ENCrINEER and�r�r �RCHITECT in a propc�sal
dated March 2fa. 2Q12;
N�W, THEREFt)RE. in c�nsir�eratic�n c�f the premises and the mutual benetzts �ti�hicli 4��i11 �ccrue
to the parti�s hereto in carrying nut the tern�� of this A;�reement, it is mutualt�� unc��rst�od and
agreec� ars fc�llo�ts:
l.Q GENF.RAL �C'OPE OF TNIS AGREEMENT
The rel�ti�nship Uf' thi �NGIN�ER andlc�r ARCHITEC'T to the CI"[�Y �v�ill be tl�at of' a
prof�ssic�na! cc�nsultanl, aY�d the �NCiI�IVEER anttJ�r ARCHITFCT tii�ill provide� the
professic�sl�1 and technical serviees required under this Agreement in �ccordanc� with
ac�eeptablc enginc;�ring practices �nd etl�ical standaxds.
2.0 PROFESSI()NAL TECHNIC;AL SERVICES
2.1 It shall be thr r�sponsibility of th� F;NGIN �ER andlor ARCHI�C'EC'I' to wi�rl: with
�d for the CIT�` towarc� so(utions i� �n�in�eri�7g �rohl�rns and the ap}�roach or
technique to be used io�rard accomplishn�ent c�f the C`ITY's ��bjective for each prc�ject
or a�signment The ENGTNEER's and.tc�r ARCHt����C:'1�"S services shall incluc�e
ciev�lapin� and prc:sentiri� advis�ry ��pinions regardin� the usetuln�ss �ind co���tinuer�
protitability ot Wat�c, Sewer and Stnrrnw�ater Utilit�� System facilitie�, th� �rc�per
maint��:nance c�f the elements �f tt�e S��stem and the desi�Yi af c�apital improvements
thereto; roads, draii�age, structural anal}�si�, transp�rtatiar�, traffic. �nviroitmental anc�
gas systems, Repres�:ntativ� assignment areas are exp�ect�d tc� ii�c.lucie, but not be linlitec�
to, planning, stuciies or desi�n ser�ices �� listed helo��:
l. Preparatic7n of ec�nstnaetion drawin�s, spe�itications azad bid dr�cuments fur public wc�rks
projects, including but not lirnitec� tu:
• stniliural �ngineering elements
• streets anci rc�adwavs, includin� int�rs�ction imprc�vements
• parking tacilities
+ utility infrastructure, including ���ater, ��astetir�atcr, naturaf �as, starni ti��atcr and
rec(aimed wat�r
2. land sur4�eying activities, including titt� search, aerial target plac�rnent. topu�raphic
surveys, righ�t-of-way surv�ys, preparation of right-of-wa� contr�l �un�e�s, �reparatian of
ri�ht-nf-�°ay mapping/parce( ciescriptionslparcel sketclles
3. architectural services
=�. transportation improvemeni plannin� and studies. incluciin� f'roject [��v�lopinent K
En�rir+�nment {PUc�iE) studies
5_ appraisals cat land und�r cc�nsideration for acc�uisiticm by the ('I"CY
C�. traf�c r�perations activities, includin� traffic signal warrant ana(y�sis, sa��Cy� studies.
preparatir�n of traftic signal constructic�n dacuments. preparatic�n af pa��em�nt n�arkin� &
si�ning plans, assistanee as needed with the im�lementation of timin�, plans fc�r and the
c�pera�tic�n of�the �'ity's IJrban'Trat�ic Si�nal Ct�m�uter ���stci�t�
7. ha�ardc�us materials investi�ations, mitigationlremediati�n �t�ns and a.�sc�ciat�d tasks
8. manag�ment �� cUnstruction c�ntracts
�. review �nd assessm�nt of the applicabiliry of desi�tv'build contracts andlcar Value
Engineerin� ti�r variuu� CITY impro��em�nts
1 t). d���el�pmentfpreparation af �rant �pplicatic�ns for C:ITY pr�je:�ts
1 l. preparati<�n of pennit� application packa�e�, ineluding w�ater, ��astt wat�r, surface ��ater
mana��ment, Natic�nal Pallution Uisctlarge Elimin�tiQn System (NPD�:S). and wetland
impacts: assistance it� nleeting r��ulatary and �rant rec�uirerner�ts, permittin�, and
preparation of permit documents and representaticm of thc C1TY hefnre appr���ri��te
r�gt�lator�° bc�dies
l?. en��irc�nmental audit�, inefudin� ���aluatian of i�azardc>us rn�iteria(s pc�t4ntiai.
archer�(o�.ical �r historicai resaurres, impacts to t}lreate�ted c�r enclanger�d speci�s
1�. hydraulic�%hydro(ogic mod�lin� of streams. 4��atersheds. ���ater and ��a�,te«�ater }�ipin�
s��stems and mc�d�lin� c�f treatm�nt �re�r�sses. etc.
14. d���elopmznt of u�etlanci mitigatic�n p(ans, includin� cc�rnplian�;e monitc�rin�
15. v�ater qualizy rnc�nitoring, including repc�rt preparatit�n
16. �rcparation anc� implementatian c�f �ublic intiol��einent pr�grarns, incluc�ing �raphics
(presentati�n E�c�ards, sLides,llandc>uts, etc,. )
17. studies related ta st�rmwater mana�ement, master plannin�, desi�n ancl tinancing,
inclt�din� stormwater uti(ity feasibility anc� implementation
1$. studi�s related tc� rates, user char�es and impact upon various a�reements b�t�veen thc,
CITY and its custc�mers, suppliers and c�nsultants
l�. studies of reereationa( facility imprt�vements, includin� expansion or impro��en�ents to
existing facilities as wc:ll as develc�pment �f� new� tacilides: includ�s possible pre�aratic�n
of c�nstru�;tic�n doeum�nis (includin� permits) and eonstniction mana�ement
20. a�•iation sen�ices, includin� master planning and design of planned im�ra<<�ements
2 i. preparaiion of� trattic calmin� plans
?2. lanciscape and irrigation desi�n
23. �ther wc�rk as may be reascmabl�� re�uired under the general sc��pe of prc�fe5si�nal and
techni�al �n�ine�rin� services in connecti�n ti41th the CITY's pu�lic w-orksien�iiic,erin�
svst�m.
2.? The EN�tNEER's andl�r ARC'HITEC7"S ser��ices under Chis Agreement ��<<ill Me
provided imc�er Work ()rders, Generally, each Vl%�ri: Order w-ili include the se��ices fc�r a
single prc�jec�t or assignnlent, and it ���ill cUntain a mutually agre�ed-upon detailed s�.o}�e c�f
wc�rk, fe�. anci schedul� c�f perforrnance in accordance with a�a�licabte tiscal anc�
bud�etary constraints. TUtal compensation for all servires shall nc�t exceec� $100,00(� per
V�ork C)rder un(ess specitically authc�rized bv the City Council.
23 The EI*I�'rINFER artdlor ARCHTTECT shall maintain an adequate and cam��ter�t �taff �f
prafessic�nally yualifie�f personnel availahle to th�: CI`TY for the purpose of� renderin� the
requireci �n�ine�ring ancitor archit�ct servi�e� hereunder, an� shall �ili�ently execute tht
work ta me�t the campletion time established in W�rk fJrder.
2.4 The CITY restrves the ri�1�t to ent�r intc� contracts ��ith c�th�r engineering 3n�itor
archite�t tirms fc�r similar servic�s. 'I'he ENGINEER anc�/�r ARCHITEC�"T will, ��her�
directed tc� �o so by the C[T�, co�rdinate and wc�rk with other engineerin� andJor
architeetural tinns retained by the CIT�'.
3,4 PERI�D C1F SERV'ICE
3.1 The ENGINEEK ant�`or ARCHtTFCT 5ha11 he�in work promptly� after recei�t of a ftil!}
execut�d ct�py of each Wt�rk �rder, in accnrdance �•�ith Para�;r�ph 2.2. above. 12ecei�t c�t�
� a fully executed Wark Ordtr shall consdtute written nodce t� �rc�ceed.
3.'? If the ENGINEER's �ndlc7r ARCHITECT'S services callee� E�r under an�� Work t)rder are
de�lati�ed for reasc�ns bevond the ENUINf�ER's ane-i.��c�r ARCHIT'ECT'� controt. tlle time of
perfc�rmanre shall t�c: acijust�:a as apprc��ciate.
3.� It is th� intent of the parties hereto that this Agreement cnntinu� in ti�rce until tliret (3)
��ears from ihe date c�f executic�n, subjeet t� th� proti�isic�ns i"��►r tcrmination contained
herein. :�ssi�nrnents that are in progress at the Contract ternlination datt ���ill he
cc�mpleted by the ENGINEER andle�r ARCHI�CEC'T unless s�eciticall�- t�rminatec� k�y tlie
C[T5�'.
d.0 [i'�1SURANCE RF;QUIREMEI�ITS
See �xhit�it "B�' attached.
5,� NROFESSIONAL SFRVICES/CONSULTANT'S C4MPETITlVE
NEG�TI�ATION AGT (CCNA) - Florida Statue 28'I.�SS
I'r��essional Servites provid�d under this Agreement are tivithin th� seo�e ot� the practi�e
of architecture, landscape architectur�, proft�ssional en�,ineerin�, or re�istered tand
sur4�evin�, as defined l�y the laws of the Stat� t�t' Fl�rida. Prc�visions ati f�.S. 287.05�
apply.
f�.C� GENEf�.AL C�NSIDERATI�'1NS
6.1 All docurnents including field bocaks, dr�wings, specitications, ealculations, geotechnical
invesii�aiivn ceports, etc., used in the preparatian of the vvork shall be suppiie�i �y th�
ENGtI�FEER antilor ARCHITECT and shall beec�me the praperty of the CITY. �i1�� CIT1'
ackne�wled�es that such dacuments are not intenc�ed +or represented ta b� suitable tor use
by� th� CITY or �thers far purposes cather than thnse for w�hich the docunients �u-e
prepared. An�� reuse c�f these d�cuments withc�ut u��t-itten verific�ri�n nr adaptatic�n by the
�;NGINEER andlor r1RC�t�iIT�CT far the speciiic purpc�se intended ����ill t�e at th� CI1�Y"s
sole risk �i�ithout tiabitity or le�al Expasure to the ENCTINEER anctic�r ARCHIT`ECT.
�a.� Th� ENGINEER and/or �RCHTI'ECT sh�ll prepare preliminar�� cc�nstruetion ccast
estimates with each design submittal tU verity the prop�sed design is within the C�ity°
project buc�gets. T°he ENGtN�ER andfor ARC'Nf"I'EC�C� shall �repare a final estimat� at�
probable construction casts, fc�lto���ing C"1TY a�proval c�f the bid dc�cuments and other
pr�t�id acti�fiCi�s. �I�he CI`I�Y h�rehy ackno��led�es thai estimates af prak�able constructian
costs cannot be �uaranteGd, anc� such estimates are n�t to be cunstrued as a prcan�'rse that
�esi�neci f�cilities u�ill not ex�eed a cost limitati�n. Should the Ic�west, res�aonsive and
�cceptabl� t�id price receiv�d by� the CITY within thre� (3) months f"ratn th� date ot` the
CI�IY�s approval c�f the bid ducuments �xceed the ENUINEER's andlor ARCHITECT'S
tin�i ccist estimate by mc�re than ten percent (10°io), the �:NGINEER andl'c�r ARCHITEC�T�
shall p�erfarm � detaii�c� evatuati�n of the lc���� bid. The evaluatic�n ���ill review the bid
pric�s on �t line item h.�sis, identif��in� ar�as of �isa�r��ment and �rt�vidin� a ratiunal� tt�r
the difference,
6.� �Tl�e E�;N(iII�ECR and`�r f1RC�f�iITEC'"I� ���ill �r����id�: expert ��r�itness�s. if r�quired. to
testity in ��onnection u�ith anv suit at law. �'� supplemental �green�ent ���ill t�� ne�otiate�i
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 parly, 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".
7.2 Except as may be addressed in th� initiatin� Wark C)rder, the cc�mpensation fc�r sen�ices
�h�ll t�e invoiced by the ENG[NE�R andtor ARCHITECT and paid by tt�e C[1�Y c�nce
ea�h month. Such in�roices shall be due and Eaayable upon receipt.
?.3 The EIv�CiINF ER and/c�r ARGHIT[;C'I� a�rees tc� alln�� fuli and open ins�ection af payrc�,ll
tecords and expenditures in cUnraectic�n w-ith haurly rate and cost plus fixe�t %e work
assi�nments upon request of the CI�C�Y.
�.0 PROHIBITION AGA[NST CONTIi�iGENT �FES
Thc �NGINEER �u�dlor ARCI II"CEC'T ��-�rrants that it ha�s n�t employec� c�r retained any�
eai�apany �r pers�n, c�ther than a bona fide em�lc�yee ��c�rkin� solety foc the ENGINEER
and/c�r ARCHITEC�T t� sc�lieit c�r secure this A�reement �nd that it has nc,t paid ar agreed
to pay any perst�ns, camp�iny, corporation, indi4�idual c�r firm, other th���n a bona tide
employ�e ti��arking for the ENGI�iEER and.!or ARCHITECT� ai�y fe�, cc�mrnission,
percentage, gift, ar �nr� ather consideration, eontingent upc�n or resulting trom the awarci
nr making c�f this A�r�;ement.
�.a T�R�tN��rzo�v
This Agr��n�eni ra�ay tae terminated t�y either party with se��en (7) days �arior ��Titt�n
nc�tice, in the event c�i' substantial failure to perf`c�r�n in accordance with the terms hcreof
hy the other party thrc�u�h no fauli of the terniinating party. If this �1�re�m�.nt is
terminat�d, th� ENGINEER and/or ARCI-iIT�CT sl�ali be paid in accarciance with thc
prc�visions �t� t�utstandin� Work Carders tar all w•ark perfc�rnied up to Ehe date of
terrnination.
iQ.(� StfSPENSION, CANCELLATION OR ABANI)ONMENT
If the project d�scribed in any� V1t�rk Order is su�pcnded, cancelec�, or abandon��i by th�
CITY, withc�ut affecting any ather V�ork ()rder or this A�reement, the E�;NCi1I�EFR
�nd./or .�RCHIT�:CT shalf h� gi��en ti�re (�) ci�WS prior ti�rritten noCic� af sucli a�tion ai2t�
shall b� cc�mpensated for prafessional services provic�ed up t� thc; �lat� of susp�nsian.
cancellation or aban�c�nment. �
T�his A�re�ment shall E�e admir�istercd and interpreted und�r �he (����s e�t� the State at'
F� lorida.
l 1.a TERNtI1�lATION OF CON��NIENCF,
Eith�r the CITY or the ENGINEEK and/or AkCHITECT ma�� terniinat� the ��r�ement
at anr tim�: 6}' �i��ing written nc�ticc to the c�ther �f such t�r►ninatian and specifyir�g the
�t:fective clate �f such tcrminatic�n at least thirtv (3�) day°s hefore sai� t�:rminatic�n c�ate. lf
the A�reeme:nt is tern�in�ted bv the CITY as pro��id�d her�in, tMe ENGf?�IEL•K ��nd/c�r
AFtC'F{1T�C'T �,vi(I he paid for services rendere�i throu�h the date c�f tennin<�tion.
�
IN WI�I`i�ESS WHER�(��, the parties }3�;retU have m�de and ex�cut�:d this Agreen�ent c�n the
date and year first above writt�:n.
Conntersigned:
. G�?Af�Q /� C�Q�2.�s
Gec7r�e N. Cretetcos
Mayor
Ap�rqved as�t�ijform and
CamiTc� �oto
�ssist�nt City Attorne�°
C
�. v 1
t3ti�:
�
. �
�
WITNESS:
�y�� �
('ITY" OF CLEARWATER
��t: __��__._�f ��-�---
Wil[iart� �. Horne. II
City Manager
ATTEST:
��: ,��� �.
Rcasemarie Call
C'it�� Clerk
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7 �y�Y'+ _ � ,�" '.(h
`'� ��,�,���v�, ,
� � � =�� ! r�`�`, �.,z, ,4.�'
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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
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 bonowed
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 Certificates of Insurance showing tfie
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 FOR PAYMENT
The owner shall pay ENGINEER and/or ARCHITECT and ENGINEER and/or ARCHITECT
agrees to accept as full compensation for its services (as established by Work Order)
compensation as computed by one of the following methods:
Method "A" — Costs Times Multiplier Basis —
Compensation in the form of actual costs times a multiplier as determined by the following
formula:
Actual raw Salary Cost (Hourly Rate) x Multiplier + Subconsultant Cost + Other Direct Costs.
Multiplier 3'4 includes fringe benefit rate, overhead, operating margin and profit and is
subject to annual review.
Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on
billing rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying,
long distance telephone calls, etc., times a factor of 1.00.
Method "B" — Lumn Sum —
Compensation in the form of "lump sum" for all work associated with a Work Order or task and
shall be determined by mutual agreement between the ENGINEER andlor ARCHITECT and the
City. The lump sum amount shall be negotiated based upon the Work Order scope of services and
approved by both the City and the ENGINEER/ARCHITECT..
Hourlv Rates -
The estimated hourly rates below represent 2012 costs and categories. Periodic changes are
anticipated and modification can be made annually upon City and ENGINEER and/or
ARCHITECT review. (Note: All rates are hourly salary)
LEGGETTE, BRASHEARS & GRAHAM, INC.
CITY OF CLEARWATER ENGINEER OF RECORD
RFQ 16-12 2012 DIRECT HOURLY RATES
Rate
Job Classification Minimum ($ / hour) Maximum
Typical
Senior Vice President 70 72 74
Vice President/Officer-in-Charge 70 72 74
Senior Project Manager/Group Mana er 57 59 62
Project Manager/Associate Principal 55 57 6�
Construction Manager 28 30 35
Construction Engineer 28 30 35
Senior Engineer/Scientist 28 30 35
Engineer/Scientist (III-IV) 26 28 30
Engineer/Scientist (I-III) 24 26 28
Planner
Landsca e Architect
Field Technician 26 28 35
Senior Desi ner
Drafter/CADD O erator 26 28 35
O erations S ecialist
Fiscal/Accountin 20 22 30
Administrative/Clerical 2� 22 30
MULTIPLIER� 3.4