AGREEMENT FOR PROFESSIONAL SERVICES (65)EXHIBIT "A"
AGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on the -� day of �,,��, , 2012
by �nd between the City of Clearwater, Flo�� (CITY) and
Kinc� Engin�ering Assoc . , Inc � (ENGINEER)and/or (ARCHITECT).
WITNESSETH:
WHEREAS the CITY desires to engage the ENGINEER and/or ARCHITECT to perform certain
professional services pertinent to such work in accordance with this Agreement; and
WHEREAS tl�e ENGINEER and/or ARCHITECT desires to provide such profossional services
in accordance with this Agreement; and
WHEREAS the CTTY selected the ENGINEER and/or ARCHITECT in �ccordance with the
competitive selection process described in Section 287.055 of the Florida Statutes, and based on
information and representarions given by tt►e ENGINEER and/or ARCHITECT in a proposal
dated March 26, 2012:
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue
to the partie� hereto in carrying out the terms of this Agreement, it is mutually understood and
agreed as follows:
1.0 G�NERA�, SCOPE OF T�I� AGREEMENT
The relationship of the ENGINEER and/or ARCHITECT to the CITY will be that of �
profe�sional consultant, and the ENGINEER and/or ARCHITECT will provide the
professional and technical services required under this AgrEement in �ccordance with
acceptable engincering practices and ethic�l stu►dards.
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2.1 It shall be the responsrbility of the ENGINEER �nd/or ARCHTTECT to work with
and far the CITY toward solutians to engineering problems and the approach or
tec�nique to be used towv�rd accamplis�ment of tl�e CI'TY'� objective for �ch project
or assignment. The ENGINEER's and/or ARCHiI'ECT'S services �hall include
developing and presenting advisary op�nions reg�rdiMg tt�o �seiulness and continued
profitability of Water, Sew�r and Starmwater Utility System f�cilities, the groper
maintcnance of the elements of the System and thc dtsig� of capital improvement�
thercto; m�ds, c�rainage, structural an�lysis, tr�n�portation, traffic, environmental and
gas systems. Representative assi�ruuent areas are expccted to include, but nat be limited
to, pla;nning, studies or design services as listod below:
l. Prep�ticm of const�uction cirawings, specific�tions �nd bid documznts for public works
projects, i�cluding but not litnited to:
• structvr�l engineering elcments
• streets snd roadw�ys, including tntersectian irr►provement�
• parking f�cilities
• utility infrastruchtre, �tch�ding water, wastewater, nmtural g�s, storm w�ter and
reclattned water
2. �and surveying activ�ties, �ncl�ding title search, aerial target placement, topographic
surveys, ri�t-of-way s�►rveys, greparation of right-of-w�y control surveys, preparation of
right-of-way mapging/parcel descriprions/parcel skEtches
3. architectural services
4. transport�tian improv�ment planning and studies, including Project Development &
Environment (PD&E) studies
5. agpraisals of land tander eonsideratiat► far acqui�ition by the CI'I'Y
6. tta�'ic operations activities, 'tnc�uc�ing traf�ic sign�l �varrant an$lysis, safety studies,
prep�rian of traffic signat cot�stnsction docurnents, preparation of p�vem�nt marlcing &
signing plans, assist�nce as tiedded wi� the 'tmplementation of timing plans for and the
ager�tion of'the City's Urban Ttatiic Signal Ca�puter Systern
7. h�zardous materials investigafions, tnitiga�ion/remedir�tion plans and associated tasks
�. rr�n�gement of constiuction eazitr�cts
9. review �nd assessmcnt of the applicability of designlbuild contracts and/or V�lue
E�gineEring for vario�ts CITY improvements
10. develapment/pnp�tion of gra�t agplicatians for CITY pmject�
11. prep�ratian of pefmit application packages, including wrater, waste water, surfice water
�nan�gemtnt, N�tional Palluticm Discllarge Elimination SysEem (NPDES), and wetland
imp�cts: assistanee in �nectin� regulatory and graat ra}�ireu�e�ts, permitting and
prcparatian of per�it doc�e�ts �nd r�p�entarion of tthee CITY befor� appropri$te
r��l�tory bodies
12. environm�ntal audits, irich��ng �v��ahon of haz�daus msceria,ls potenti�l,
aFCheologie�l or historical t�sources, im�cts to ��tened or c�i�gered speciea
13. hydr�ulic/hydrologic moc�Eling of streams, w�tersheds, vvater �nd w�stew�ter piping
syst�ms �.nd modeling of treatment processos, etc.
14. development of �vetlaad mitigation plans, including compliance monitoring
1 S. water quality monitoring, mcluding report preparation
16. preparation �nd implement�tion of public involvement prograrns, including gra�hies
(pr�sentation boards, slides, h�n�uts, �tc.)
1 �. studies rel�tEd to stormw�ter managEment, m�.ster plann�ng, desi� and �cing,
including stormwater utility feasibility �sad implement�tion
18. st�uiies related to r�tc�, user charges and irnpact upan various agreement� betweeM the
CI"TY and its c�stome�s, suppliers and co�ultants
19. studies of recrestional f�ci�ity improvements, including exp�nsion or irnprovemonts to
Existing ficilitie� as r�vell as development of new facilitie�: it�cludes possiblE prep�ration
of con�truction docum�nts (including permits) and constructiu� �an�gement
20. avi�rion services, including master pl�nning and design of planned improvements
21. prep�ration of tr�ffic calmi�g pl�ns
22. landsc�pe snd irrigation design
23. other wark as m�y be reasor�ubly rEquired under the general scope af profes�sional and
tec�nical engineering servic�s #n connection with the CITY's p�ablic works/engineering
system.
2.2 The ENGINEER's arxl/or ARCHITECT' S services under this Agreement will be
prowided under Work Orders, Gcnerally, each Work Order vvill �nclude the serviccs for a
single projcct or s�signment, and it will contain � mutually agreed-upon detailed scope of
work, f�e, and sched�le of performance in accordance with applicable fiscal and
budget�ry constraints. Tatal ccrmpensation for all services s�ratl �ot exceed S 100,000 per
Wori� Order unle�.s speeifica�ly authorized by the City CounciL
2.3 The ENGINEER and/or ARCHITECT shall m�int�in an �deq�ate and cornpetent �taff of
profes�ionally qualified ptrs�nnel avai�able to the CITY for tlze purpose of rendering th�
required engineering snd/or architect scrvices hcr�under, and ahall diligently execute tize
work to meet tise completion time establish�d in Work Order.
2.4 The CTTY re�erves the right to enter into contracts with other engineering and/or
architect firms for similar services. The ENGINEER and/or ARCHITECT will, when
directed to do so by the CITY, coordinate and work witil other engineering �nd/or
architectural firms ret�ined by the CITY.
3.0 �ERI4� Ok' SEItVICE
3.1 Thc ENGINEER andJor ARCHTTECT shall begin �vork pramptly �fi�r receipt of � fully
exec�ted copy of Each Work Order, in accardance �vitl� Par�gr�pl� 2.2, above. Receipt of
a fully executed �'Vork Order �hall canstitute written aotice to proceed.
3.2 If the ENGINEER's and/or ARCHTTECT'S serviees call�d f� under any Work Order sre
delayed far rEasons b�yond the ENGINEER's and✓or ARCHITECT'S control, the time of
perfarm�nce sh�ll be adj�stcd as appropriate.
3.4 It is t17e intent of the parties t�ereto that this Agreernent cor�tinue in force ur►til three (3)
years from the date of execution, subject to the provisians for terminarion contained
herein. Assignrr�ents that are in pmgress at the Coatract tern�ir�tion ci�te will be
completeci by the ENGINEER �nd/br ARCHITECT unless specifically terminated by the
CITY.
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See Exlubit "B" attact��.
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Profes�ion�l Services provided under this .�greement are witliin the �cope of the practice
of arcl�itecture, 1�nd�cape architecture, professior�l enginecring, or registcrod land
surveying, as d�fined by the laws of the State of F�or�d�. Provisions of F.S. 287.055
�ly.
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6.1 All c�cumcnt� including field boaks, drawings, speci�ications, calculations; geotechnic�l
inv�stigation reports, etc., ased in the preparation of the work shall be supplied by the
ENGINEER and/or ARCHITECT and �hall become the praptrty of the CITY. The CITY
�cknowled�es th�t sueh documents are not intended or represented to be suitable for use
by the CITY ar ot�crs for purposes other than t�wse for wh�ch the documents are
grepared. Any reuse of these documents without written verification or a�apt�tion by the
ENGII�ER andlor ARCFiITECT for the specific purpose mtended will be at the CTTY's
sole risk vvitho�tt li�bility ar �E��1 exposure to the ENGINEER ar►d/or ARCHITECT.
6.2 'Ti�e ENGINEER �nd/ar ARCHI'I'ECT shall prepare preH�nin�ry construction cost
estirnates with each design s�bmittal to verify the pragosed design is within the City
project budgets. The ENGINEER suud/or ARCHITECT sha�l grcpare a final estimate of
prob�ble construcrion eosts, following CITY approval of f�te lr�d documents and other
prebid activities. 'The CITY hereby acknowledges that estimates of probable construcrion
costs c�nnot be guar�nteed, and such estimates are aot to be ca�stlued a� a promise that
designed facilities will not exc�ed � cost limitation. Shou�d the �ow�t, responsive and
acceptablc bid price receivod by the CITY �vithin three (3) �ant�.s from the date of the
CITY's approv�l of the bid documents exceed the ENGINEER's andlor ARCHTTECT'S
fin�l cost estimate by more than ten percent (10%), tl�e ENGIIrTEER and/or ARCHITECT
sh�ll perforcn a detailed eval�tion of the �ow bid. The Eva�uat�on will review the bid
price� on a line itcm basis, identiiying arcas of disagr�meat and grovidin� a rationale for
�►e dif��r�nc�.
6.3 The ENGINEER and/or ARCHTTECT will grovide expert witnesses, if roquired, �o
�estify fn cantiection a+itts any s�it at ��w. A s�gplemcnt�l agreEment will be ndgatiatEd
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 Exc�pt ass m�y be addrESSed in the initi�ting Work Order, �e compensation for services
shall be invoiced by ehe ENGINEER and/or ARCHTTECT �nd paid hy the CITY once
each month. S�cl� invoices sh�ll be d�te and pay�ble upon receipt.
7.3 The ENGINEER and/or ARCHTTECT agrees to allow fi�ll and open inspection of p�yroll
records and expendittu�es in connection with hourly rate and cost plus fixed %e work
�ssignments upctin rEq��t of the CITY.
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The ENGINEER and/or ARCHITECT warrants that 'tt has t�ot employed or rct�inod any
company or persoil, a� th�n a bana fide Employcc worki�ig solely for the ENGINEER
�d/ar AR.CHITECT to solicit ar secure this Agreement and Ehat it h�s not paid or a�
to pay �ny per�onc, comp�y, cvrporation, individual or firm, other th�nn � bon� fide
employee working for the ENGINEER and/or ARCHITECT �ny fee, commission,
gtrc�nt�ge, �ifi, or a�y othtr consider�tion, contingent �tpon ar resu}ting from the award
or making of t�is AgrEeir►cnt.
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This Agrecment m�y be �rmin�ted by either party with seven (7) days prior written
notiee, in the event of a�bstanri�l failure to per�'orm in accordance vvith �he tem�s hereof
by the ather party tZ�rough no fiult of the terminating p�rty. If this Agreement is
terminated, the ENGINEER and/or ARCHITECT shall be paid in accordance with the
provisions of o�tstanding Work Orders for all wor�c performed up to the date of
termination.
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If the project de�cribcd in any Work Order is suspcnded, canceled, or abandaned by �e
CITY, witho�tt a�iccting any other Work Order or this A�reement, the ENGINEER
and/or ARCHITECT ahaH be given five (S) days griar �vvrittcn notice of such action and
shall be compen�ted for profe�sion�l services provided �p to the ciate of suspen�ion,
cancellation or abar►danment.
'Tliis Agr�ement :h�ll be administerod and interpreted under the l�ws of tbe State of
Florida.
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Eit�er t�e CTTY vr the ENGINEER and/oz ARCHITECT may terminate the Agrctment
at any timc by jiving written no�ice Eo thc other of a�h termittation and specifying the
�ff'ECtive date of �uch t�nnination at least thirty (30) days bcfor� �aid tcrminatian date. If
the A�em�t is tc�ir�atcd by tlle CITY as providEd herein, the ENGINEER and/ar
ARCHITECT will be paid for servic�s rcndcrod thr�ougt� � date of tcrnurtatian.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date and year first above written.
Christopher F. Kuzler
gy; Sr. Vice Pr��ident
Countersigned:
" C�Q��t4 � C� Q��S
G�orge N. Cretekos
Assistant City Attomey
WITNESS;,
By: �XJ(..Y�J� �C.!e-y' I ' 1
CITY OF CLEARWATER
By: a
William B. Horne, II
City Manager
ATTEST:
By: �-Lk1E.ry(..C�k ic..;
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
�TATEII�N'T UF PURPQSE: The City of Cleatwater enter� into agreements and contracta
fQr services �d/ar product� witt� vt�er paRies.
Agreements and contracts shall cont�in Risk Man�gemcnt/Ins�nce term� to protect thc City's
interest and to min'rmize its potential liabilities. Wl��ever applic�ble, tl�e following terms shall
be included in agreements and coritr�cts.
CITY DEFINE�.1: T'he term "City" (whenever it may epgear in this Exhibit) is defined to mean
the City of C}e�rwater itself, its CQUncil, the Commimity Rodevelopment Agency of the City of
Clearwater, a Florida govet�mental agency created pursu�nnt to Part III, Chapter 163, Florida
Statute, its duly appointed officcrs, or other public bodies, officers, employees, vo�unteers,
rcpreseritatives and agents.
9�HER PA�TY D�FIN�D: The term "Other Party" (whc�ever it may appear in this Exhibit)
is defined to mean the other persan or entity which is � p�rty to an agreement or contract with the
City, any subsidiaries or affiliates, offieers, employces, votunte�rs, representatives, agents,
contractor�, and subcantractors.
�OI.D H�iILMI.ESS DEFII�IED: The term "Hold Harmlcss" (whenever it may �ppear in this
Exhibit) is defined to me�n �hat the Other Party �hall indemriify and hold l�armless the City, and
its offcer:, employees, from liabilities, d�ges, losses, and co�ts, including, but not limited to,
reasonable attomeys' fees, to the extent e�used by the negliget�ce, reckl�ssness, or intentian�lly
wrongful cvnduct of the Other PaRy and other� persons employed or urilized by the Other Party in
thc performance of this Agreement �nd any Work Orders issuai under this Agreemcnt. (Reviscd
7/9/12)
�AXMENT ON BE�1►.I.F OF GITY DEFiNTD: The term "Payment on Beh�lf of City"
(w�enever it may agpear in this Exhibit) is defrr�ed to mean t13e Other Party �grees to pay on
behalf of the City, and to pay the cost of the City's kg�l defcnse, a� may be selected by the City,
for claims or suits arising f�om t�e fault of the Other Party or other person� employed or utilized
by the Other Party in perfar�ance of the cantract. Such p�yment on behalf of the City shall be
�n addition to arry ar�d all othEr kgal rEmedies availabl� to the City and st�all nat be conaidered to
be tlle City's Exchisive remed�+. (REVised 7/9/12)
INSURANCE: The Othcr Farty shall, at it� own cost and Eacpense, acquire and mai�tain (a�d
c�use contractor� and subcontr�ctors, if utilized, to aequire ar�d mair►tain) during tl�e terni wtth
the City, �ufficient insurancc to adequately protect the re�pcctive interest of the p�rrties.
Specifically the Other P�rty must carry the following minimurr� typcs and amounts of ins�rancc
on an occ�rrence basis or in th� case of cover�ge th�t cannot be obtainui on an occiunrlce basis,
then covera�e can be obtaifled on a claims-made b�is wi�h a�ninimtiun thrce (3) ycar tail
following the terminarion or expiration of the Agreeme�t. These i�surance requircincnis sh�tl
not limit the liability of the Ot�er Party. The City �es not reprESent Eh�t tt�ese types or arnu�nis
of insur�ace to be sufficiet�t or adequ�te to protect the Other Party's interests ar liabilitiea, but
are merely minimwms:
COMMERCIAL GENERAL LIABILITY: S1,1180,t100 per occ�arrence, incl�din$
but not limited to, bodily injury, personal in�ury, property dam�ge, prcmisES-
operations, prott�acts/completcd operatio�s, c�tra4ctu�l liability, indepencknt
contr�etors, anci li�bility assumed under an ins�d conEr�ct. If Commercinl Gtner�l
Liability Insur�nce or ather form with a gtncral aggreg�te lirnit is used, either t�e
general aggreg�te limit shall apply seg�rately to this pmjecdloc�tion ar the gcne�l
aggregate limit shall be twice the required occunence limit.
2. AUTOMOBILE LIABILITY: S1,Q00,000 per sccidcnt combined singk �imit, for
bodily injury and property damage for any owned, non-owned, hir�d, or borrowed
automobik.
3. WORKERS' COMPENSATION: Othtr Party will obtain and m�int�in durit�g �e
life of t�is contract, Workers' Compensation ins��rance in necordance with tt�e laws of
th� State of Florida, for �11 of Other P�ty's emp�oyees employed at the site of the
project. Coverage should include Voluntary Compen�arian �nd U.S. Lon�shoremcn's
and Harbor Worker's Act eoverage wbere applicab�e.
4. EMPLOYER'S LIABILITY: 5100,040 each employee, each accidcnt, xrul
S10(1,0A0 e�ch cmployee/SStM,000 policy limit f� di�ease, and which me�ts all state
and fedcral laws. Coverage must be applicable to employees, contractors, and
subcontr�ctors, if any.
5. WATERCRAFT/AIRCRAFT LIABILITY: If the Other Party's provision af
services involves utilization of watercra�i or airerafi, watercrafi and/or aircraft
liability coverage must be provided to include bodily injury �nd property d�mage
arising o�t of ovvntr�hip, maintenance or use of any watercraft or aircraft, includi�g
owned, non-owrned and hired.
6. PRODUCTSfCOMPLETED OPERATIONS COVERAGE: 'I'he Other Party is
required to co�tinue to gurch�se products co�tr�ct or agreement, for minirtiurn of
thre� (3) years beyond the City's accept�ce of renowatio� or con�tnictior� prujects.
q,�rFwrs�n.r_TV n� nveiT��ne. �sur�nce must be placEd with insurers vvith a cu�t
a xa.�vv��a.aw
A.M. BesYs raring of'�o less th�n A-VII.
�EDUCTIBLES ND SELF �NSURED RETEAITIONS. Any deductibles or self-tns�rcd
retention� must bc decl�red to and approved by the City. The City rr�ay require the 0t�►er Pa�rty
to provide proof of �bility to pay losses and related investig,�tions, claim administrati�n, and
defensc �xp�es �itl�in �e retention.
A►DDITIONA � INSC�FD: 'I'he City is to be speeiftcally 'tncluded as an ad�itional iztis�rr�d c�n
all liability coverage described above exccpt for t�e Workcrs' Comlpcn�tion and Profes�ional
Liability coverage's.
QTHER �NSURAN�� PR4VISIONS; The Gener�l Liability and Automobile Lir�bi�ity
policies �re �o cont�in, or be endo�sed to contain, thc followi�g provisions:
1. PRIMARY INSURANCE COVERAGE: For at�y claims rel�ted to this A�reems�t,
the Other Party's insurance coverage sha�l be primary insurance as respects the City,
its offic�, offici�ls, employees, and volunteers. Any insurance or self-inauraaee
maint�ined by thc City, its officers, officials, ernployees, or volunteera shall be excess
of the Other Party's insurance and shall not contrib�te to it.
2. RIGHT OF RECOVERY: Except for Workers' Compens�tion, the Other P�rty
waives its right of recowcry against the City, to the extent perniitted by its insw�nce
pol�cies.
3. SEVERABILITY OF INTEREST/CROSS LIABILITY PROVISION: The Otl�er
Party shall rcquest that its insurers' policics includc or bc endarscd to include e
Severability of Interest/Cross Liability provisian so the City �vill be trEated as if a
separ�te policy vvere in existenee without increasing tite policy limits.
4. HOLD HARMLESSJINDEMNIFICATION: The Ottter Part� shall indemnify and
hold harmles� t�e City and its officers, employees, from tiabilities, dam�ges, losses,
and costs, including, but not limitcd to re�sonable attorneys' fees, to the extent c�used
by the t�egligenco, rcckles�ness, or intentionally wrongful conduct of the Other Party
and othtr persons employed or �ttilized by the Ott�er Party in the porformance of t�is
Agreement ar►d any Work Orders issued �ndcr this Agr�etnent. Oth�r Party
acknowledg�s that it is solely responsible for complying vvith the terms of the
Agreement or a purchase order or contract arising out of the Agreement. (Revised
7l9/12)
5. NOTICE OF CANCELLATION OR RESTRICTION: F,�ch insurancc policy
r�quired by this cl�use ah�ll be endorsed to state �t coverage shall nai be cu�celod
by eith�r party, Exc�pt after thirty (3U) days priar �vritten r�c�rice sent v't� certiffed
m�il, rctum re;cetpt requ�ted, has been �ive� to the Ctty. It is Ehe Other P�rty's
responsibility to ensure the notice fequir�mEnt is t�et.
CERTIFIGATE QF INSURANCF./CERTIFIEA CQPIES QF PqLICIES: The Other Party,
if sclected, will provide the City with a Certificate or Certificates of Insurancc showing the
existence of coverage as required by ti�e Agreement. In a�ition, the Other P�ririy witl pmvide to
the City, if asked in vvriting, certificd copies of all policies of insur�nce. The Ot.�er Party �vill
maiatain the req�it�ed eover��e with a current Certificate or Certificates of Insur�nc� �mu�hout
the tcrm of the Agreenunt with the City. New c�rtificates and new certified copies of polici�s
shall be provided to tt�� City �vh�never any policy is renewed, revised, or obt�ined from other
insurers.
The addr�sss where such certif cate� and certified policies sl�ll be sent or delivered is as follows:
City of Clearwater
Attention: City Clerk
P.O. Boi 474�
Cltarwater, FL 33758-4748
�ONSIDFRATI4N F�JR H4LD HARMLESS/l'AYMENT UN BEHALF: T�e Othcr Puty
agrees to �ecept, and acknowledges as an �dequate acnount of remuneratian, the conaider�tion of
5100.00 for agreeing to the Hold H�rmles�, Payment an Behalf of the City, Insuranee and
Certificates of Insurar�ce provi�ions in the Agreemtnt.
�U�C4�'RA�'i'4R.S: Other Party shall require and verify all subcantr�ctors, if �sed,
tnaintain insurance, inc�udin� Workers' Compensation insurance, subject to all of thc
requiremtnts st�ted t�rein prior to beginning work.
LQ$S CQ�1TR�?�AF�TY; Precaution shall be excrcised at all times by the Other Party far
the pmtect�on of all gcrsans, including emptoyees, and property. The Other Party sh�ll be
expected to comply with all applicablc laws, regulation�, ar ordinances related to safety and
health, and sllall makd apcci�l efforts where appropri�te to detect hazardous conditions, and �h�ll
take prompt aerion w�ere lo�s co�troUs�fcty measures should re�sonably be expected.
'The City rnay order work to be stapped if condition,s exist that present immediate dan�cr to
persons or praperty. The Other P�rrty acknowlcdges that such stoppage will nM shift
responsibility far t�r►y darn�ges from Ehe Other Party to tl�e City.
A�UDITIONAL INSURANGE FOR REPA,At O� SERVICE U�t 4THER CONTRA�'I'S:
If ehecged below, the City requires the following additional provisions or type� of insur�nce for
rcpair or aervice or other contracts to afford added protection �guinst �oss which co�►Id af�'ect ttie
�vork being perfarmed:
INSTALLATION FLOATER INSURANCE: Installation Floater insurance i� to be
provided to cover damage or destruction to equiptntni being installed or otherwise be�ng
�andled or storEd by tiie Other Party. The unount of covcr�ge ahould be �dequate to
provtde full rrpl�cement value of the equipmerrt bei� installed, otherwis� being h�ai
ar stared o� a� off premi�. All ri�ks coverage is pzeferred.
MOTOR TRUCK CARGO INSURANCE: If tl�e Installatian F�oa�tr insurance doEs
not grovick traaasportatian eov�rage, separate Motor Truck Cargo or Transportxt�vn
ins�rance is to be provickd for material� or equipment tr�nsported in the O�htr Farty'a
vel�icles fram place of rECeipt to b�ailding sites or other storage sites. All risks cov�red
are prEf�rred.
CONTRACTOR'S EQUIPMENT INSURANCE: Contractor's Equipmtt�t insur�cc
is to be g�rchased to covEr loss of Equip�ent and m�chinery utilized in tbe pErfar�ce
of worlc by �he Otl�er Farty. All ri�ks cove�age ia prefemed.
FIDELII"YtDISHONESTY 1NSURANCE-COVERAGE FOR EMPLOYER:
F�delity/dishc�nesty insurance is to be purcha�ed to cower di�honest acts of the Other
P�rty's employees, ineluding but not limit�d to theft of vehicles, m�terials, supgli�,
equigmcnt, toals, Etc.; especi�lly property ncces��ry to vvork pErformed.
FIDELITYIDISHONESTY INSURANCE-COVERAGE FOR CITY:
Ficielity/Dishonesty/Liability ins�arance is to be purchased or extended to cover ctis�onest
acts of the 4ther Party's Employees resulrin� in lo�s to the City.
�DITIONAL IATSURANCE FOR REN�VATION pR �ONSTRUCTION
CONTRA�"I'S: If checked below, the City require.s the �'ollawing types of insurance far
renovation or constructior� contracts. This is in addition to the required coverage's previausly
cited aud the Additional Insurance for Repair or Service or Other Cantracts.
COMMERCIAL GENERAL LIABILITY PROJECT AGGREGATE: Because the
Commercial Gener�l Liability form of coverage inchides an annual aggregate limitation
on the amount of insurance provided, a s�psrate project aggegate limit is required by the
City for this cantract ar agrEemcnt.
OWNERS PROTECTIVE LIABILITY: For renovation or canstruction eontracts the
Ot�er Party shall provide for the City an Ov�rAers Pmtectivc Li�bility 'tnsurance policy
f prcferably throu�h the (kher Ps�rty's i�surer) iri the r�me of the City.
BUILDER's RISK: Buildcr's Risk Insur�nce is to be p�rcha�eed to cover all risks of
loss in the complcte and full value of thc pra,�ct with no eoinsuc�nce penalty provisions.
This insur�nce shall insure the interests of the City, the OtMer P�rty, and all
subcontractor� � tiie wark and shall insurc agair�st apecial form eau� of �oss (all risk
perils), including collspse during constn�ction, for repl�cefnent cost (inc�uding fees arid
c�arges of en�ir�ors, architecta, attorneys and ottler profession�ls). 'T�e Ott�er Party shall
obtain a�d maint�in similar property in�urance on equigment, rnaterials, s�pplies �d
athcr property and portians of tt�e work storod on or oif stte or in transit. B�ilder's Risk
In3urance shali bE endorsed ta permit occ�pancy until such rime as the faciltties are
completcd and acc�gt�d by the City and �vvritt� r�otice of the fact }�as beea issiaed by the
City.
�'RQF�SSIONA� LI��ILTY. IVLA�PRACTICE A_�iQR ��R4RS OR OMIS�SI4NS;
If checked belaw �he City rEq�'tre� the �'ollowing terYtis �nd typ�es of trisuranee for prof�ssic�nal,
malpractice, snd error� or Q���.sions li�bility.
X HOLD HARMLESS: The following repl�ces the previous Hold Harmless tvordrag:
The Other Pacty shall indemnify and twld �rmless the City, and its officers, cmp}oyees,
from liabilities, ci�m�ges, losses, and costs, including, but not limited Eo, reasons�ble
�ttameys' fees, to the extent c�used by the negligence, reckle�sness, ar intentionally
wrangful conchtct of the Other Party and other persons Ernploycd or t�tili�ed by the
Other Pariy in t�e perform�nce oi this AgrEement and any Work Orders isst�d �nder
this Agree�mmer�t. The intent of this include� all clmims for finanncial loss with resptct to
the provisian of, or f�il�re to, provide professional or other services resultirlg in
professional, malpractice, or errors or omis�ians �iability arising out of the negligent
performance of this agrccmcnt or contract, �anless sach claim� are a result of tt�e C'rty'a
own negligEnce. (Revlsed 7/9/1Z)
X PROFESSIONAL LIABILITYlMALPRACTICE/ERRORS OR OMISSIONS
INSURANCE: The Other Party shall purcchase and maint�in professia�al liabtlity or
malpractice c�r trrors or omissions insurance appro�iate for the type of business engaged
in by the Otber Party with minimum timits of 51,000,000 per occurrence.
If a claims m�de form of coverage is provided, the retro�crive date of coverage shall be
no later than tl�e inctprian date of claims made coverage, unless prior policy was
exte�ded indE�i�itety to eover priar �cts.
Coverage shall be extended beyond the policy year either by � supplemental exten�d
reporting period (ERP) oi as great a duration �s available, �nd with no less coverage and
�vith r�instated aggregate limits, or by requiring tllat nay new poltcy provide � retroactive
date no }ater �han the inception d�te of claims m�de cover�ge.
WRITTEN AGR,EEMENTfCONT�tAC"I': Any party providing services or prod�cts �o the
City will be expected to entcr into a �vrittcn agreement, cantract or p�rchase order with tbe City
that incorporates, either in writing or by reference, all of the pertinEnt provisions relsttng to
msurance and insuranee requircments �s contained herein. A fiilure to do so may, at the so�e
discretion of the City, disqualify any P�ty fFOm perfvrming �ervices or selling products to t�te
City provitied, howe�+er, t�e City reserves the right to waive any such r�uirements.
EXHIBIT "C"
PROVISION OF PAYMENT
BASIS FOR PAYMENT
The owner shall pay ENGINEER and/or ARCHITECT and ENGINEER and/or ARCHTTECT
agrees to �ccept as full compensation for its services (�.s established by Worlc Order)
compensation as computed by one of the following methods:
�etl�od "A►" — Costs Tim� Mult�nlier BASis —
Compensarion in the form of actual costs times a multiplier as determined by the following
formula:
Actual raw Salary Co�t (Hourly Rate) x Multiplier + Subconsultant Cost + Other Direct Costs.
Multiplier 3• � includes fringe benefit rate, overhead, operating margin �nd profit and is
subject to annnual review.
Subconsultant Costs �re actu�l eosts incurred times a factor of 1.00. Actual costs �hall be based on
billing r�tes for r�quired labor classifications.
Other Direct Costs are actu�l costs incurred for travel outside of Tarnpa Bay are�, printing, copying,
long di�tance telephone calls, etc., times a factar of 1.00.
Met4od `B" — L�}mu Su� —
Compens�tion in the form of "lump sum" for all wark associ�ted with a Work Order or task and
�h�ll be determined by mutual �greement between the ENGINEER and/or ARCHITECT and th�
City. The lump sum unount shall be negotiated based up� the Work Order scope of services anci
appmved by both the City and the ENGINEER/ARCHITECT..
Hourlv RAtes -
The estimated hourly r�tes below represent 2012 costs and categories. Periodic ch�nges are
anticipatad �nd modific�tion c�n be made annually upon City and ENGINEER �nd/or
ARCHTTECT review. (Note: All rates are hourly salary)
y. _ ' _-- ' '-
CTTY OF CLEARWATER F.NGINEER OF RECORD
RFQ 16-12 2012 DIRECT HOURLY RATES
Itate
Job Claasifieation Minimnm (S / 4oar) Muimam
icsl
SEnior Vice Pr�id�nt SS 59 68
Vice Preaident/Oi�icer-in-C e SS 59 68
Senior Pro'ect Mina er/Grc� Mana er 35 45 53
Pto'oct Man cr/Associate Princi 1 35 45 53
Constructian Mana er 35 4S 59
Constr�ction 35 38 43
Senior ine�r/Scientist 42 47 SO
E' e�r/Scientist - 33 38 43
/Scl�nti�t - 25 28 33
Planner 23 38 SO
Landsca Archi�ect 30 37 SO
Field Tectuiician 20 27 30
Senior Desi r 23 27 � 30
Drafier/CADD tor 18 22 28
ratians S ialist 1 S 25 37
Land Surv� or 3U 42 S�
Surve Crew 23 45 SO
Fiscal/A 1 i 25 3�
Adminiatrative/Cl�rical 1 t 20 37
MULTIPT,IER: 3.4
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