AGREEMENT FOR PROFESSIONAL SERVICES (69)_.�.
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EXHIBIT "A"
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PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on the �,3 day of � ��C� , 2012
by and between the City of Clearwater, Florida (CITY) and TRICON CONSULTING
ENGINEERS, (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 the ENGINEER and/or ARCHITECT desires to provide such professional services
in accordance with this Agreement; and
WHEREAS the CITY selected the ENGINEER and/or ARCHITECT in accordance with the
competitive selection process described in Section 287.055 of the Florida Statutes, and based on
information and representations given by the 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 parties hereto in carrying out the terms of this Agreement, it is mutually understood and
agreed as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
The relationship of the ENGINEER and/or ARCHITECT to the CITY will be that of a
professional consultant, and the ENGINEER and/or ARCHITECT will provide the
professional and technical services required under this Agreement in accordance with
acceptable engineering practices and ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVICES
2.1 It shall be the responsibility of the ENGINEER and/or ARCHITECT to work with
and for the CITY toward solutions to engineering problems and the approach or
technique to be used toward accomplishment of the CITY's objective for each project
or assignment. The ENGINEER's andlor ARCHITECT'S services shall include
developing and presenting advisory opinions regarding the usefulness and continued
profitability of Water, Sewer and Stormwater Utility System facilities, the proper
maintenance of the elements of the System and the design of capital improvements
thereto; roads, drainage, structural analysis, transportation, traffic, environmental and
gas systems. Representative assignment areas are expected to include, but not be limited
to, planning, studies or design services as listed below:
1. Preparation of construction drawings, specifcations and bid documents for public works
projects, including but not limited to:
• structural engineering elements
• streets and roadways, including intersection improvements
• parking facilities
• utility infrastructure, including water, wastewater, natural gas, storm water and
reclaimed water
2. land surveying activities, including title search, aerial target placement, topographic
surveys, right-of-way surveys, preparation of right-of-way control surveys, preparation of
right-of-way mapping/parcel descriptions/parcel sketches
3. architectural services
4. transportation improvement planning and studies, including Project Development &
Environment (PD&E) studies
5. appraisals of land under consideration for acquisition by the CITY
6. traffic operations activities, including traffic signal warrant analysis, safety studies,
preparation of traffic signal construction documents, preparation of pavement marking &
signing plans, assistance as needed with the implementation of timing plans for and the
operation of the City's Urban Traffic Signal Computer System
7. hazardous materials investigations, mitigation/remediation plans and associated tasks
8. management of construction contracts
9. review and assessment of the applicability of design/build contracts and/or Value
Engineering for various CITY improvements
10. development/preparation of grant applications for CITY projects
1 l. preparation of permit application packages, including water, waste water, surface water
management, National Pollution Discharge Elimination System (NPDES), and wetland
impacts: assistance in meeting regulatory and grant requirements, permitting and
preparation of permit documents and representation of the CITY before appropriate
regulatory bodies
12. environmental audits, including evaluation of hazardous materials potential,
archeological or historical resources, impacts to threatened or endangered species
13. hydraulic/hydrologic modeling of streams, watersheds, water and wastewater piping
systems and modeling of treatment processes, etc.
14. development of wetland mitigation plans, including compliance monitoring
15. water quality monitoring, including report preparation
16. preparation and implementation of public involvement programs, including graphics
(presentation boards, slides, handouts, etc.)
17. studies related to stormwater management, master planning, design and fnancing,
including stormwater utility feasibility and implementation
18. studies related to rates, user charges and impact upon various agreements between the
CITY and its customers, suppliers and consultants
19. studies of recreational facility improvements, including expansion or improvements to
existing facilities as well as development of new facilities: includes possible preparation
of construction documents (including permits) and construction management
20. aviation services, including master planning and design of planned improvements
21. preparation of traffic calming plans
22. landscape and irrigation design
23. other work as may be reasonably required under the general scope of professional and
technical engineering services in connection with the CITY's public works/engineering
system.
2.2 The ENGINEER's and/or ARCHITECT'S services under this Agreement will be
provided under Work Orders, Generally, each Work Order will include the services for a
single project or assignment, and it will contain a mutually agreed-upon detailed scope of
work, fee, and schedule of performance in accordance with applicable fiscal and
budgetary constraints. Total compensation for all services shall not exceed $100,000 per
Work Order unless specifically authorized by the City Council.
2.3 The ENGINEER and/or ARCHITECT shall maintain an adequate and competent staff of
professionally qualifed personnel available to the CITY for the purpose of rendering the
required engineering and/or architect services hereunder, and shall diligently execute the
work to meet the completion time established in Work Order.
2.4 The CITY reserves 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 with other engineering and/or
architectural firms retained by the CITY.
3.0 PERIOD OF SERVICE
3.1 The ENGINEER and/or ARCHITECT shall begin work promptly after receipt of a fully
executed copy of each Work Order, in accordance with Paragraph 2.2, above. Receipt of
a fully executed Work Order shall constitute written notice to proceed.
3.2 If the ENGINEER's and/or ARCHITECT'S services called for under any Work Order are
delayed for reasons beyond the ENGINEER's and/or ARCHITECT'S control, the time of
performance shall be adjusted as appropriate.
3.4 It is the intent of the parties hereto that this Agreement continue in force until three (3)
years from the date of execution, subject to the provisions for termination contained
herein. Assignments that are in progress at the Contract termination date will be
completed by the ENGINEER and/or ARCHITECT unless specifically terminated by the
CITY.
4.0 INSURANCE REOUIREMENTS
See Exhibit "B" attached.
5.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE
NEGOTIATION ACT (CCNA) - Florida Statue 287.055
Professional Services provided under this Agreement are within the scope of the practice
of architecture, landscape architecture, professional engineering, or registered land
surveying, as defined by the laws of the State of Florida. Provisions of F.S. 287.055
apply.
6.0 GENERAL CONSIDERATIONS
6.1 All documents including field books, drawings, specifications, calculations, geotechnical
investigation reports, etc., used in the preparation of the work shall be supplied by the
ENGINEER and/or ARCHITECT and shall become the property of the CITY. The CITY
acknowledges that such documents are not intended or represented to be suitable for use
by the CITY or others for purposes other than those for which the documents are
prepared. Any reuse of these documents without written verification or adaptation by the
ENGINEER and/or ARCHITECT for the specific purpose intended will be at the CITY's
sole risk without liability or legal exposure to the ENGINEER and/or ARCHITECT.
6.2 The ENGINEER and/or ARCHITECT shall prepare preliminary construction cost
estimates with each design submittal to verify the proposed design is within the City
project budgets. The ENGINEER and/or ARCHIT'ECT shall prepare a final estimate of
probable construction costs, following CITY approval of the bid documents and other
prebid activities. The CITY hereby acknowledges that estimates of probable construction
costs cannot be guaranteed, and such estimates are not to be construed as a promise that
designed facilities will not exceed a cost limitation. Should the lowest, responsive and
acceptable bid price received by the CITY within three (3) months from the date of the
CITY's approval of the bid documents exceed the ENGINEER's and/or ARCHITECT' S
final cost estimate by more than ten percent (10%), the ENGINEER and/or ARCHITECT
shall perform a detailed evaluation of the low bid. The evaluation will review the bid
prices on a line item basis, identifying areas of disagreement and providing a rationale for
the difference.
6.3 The ENGINEER and/or ARCHITECT will provide expert witnesses, if required, to
testify in connection with any suit at law. A supplemental agreement will be negotiated
between the CITY and the ENGINEER and/ar ARCHITECT describing the services
desired and providing a basis for compensation to the ENGINEER and/or ARCHITECT.
6.4 Upon the ENGINEER's andlor ARCHITECT' S written request, the CITY will furnish or
cause to be furnished such reports, studies, instruments, documents, and other
information as the ENGINEER and/or ARCHITECT and CITY mutually deem
necessary.
6.5 The CITY and the ENGINEER and/or ARCHITECT each bind themselves and their
successors, legal representatives and assigns to the other party to this Agreement and to
the partners, successors, legal representatives and assigns of each other party, in respect
to all covenants of this Agreement; and, neither the CITY nor the ENGINEER and/or
ARCHITECT will assign or transfer its interest in this Agreement without written
consent of the other.
6.6 The CONSULTANT shall indemnify and hold harmless the CITY, and its officers and
employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the CONSULTANT and other persons employed or
utilized by the CONSULTANT in the performance of this AGREEMENT and any
WORK ORDERS issued under this AGREEMENT. (Revised 7/5/12)
6.7 The ENGINEER and/or ARCHITECT agrees not to engage the services of any person or
persons in the employ of the CITY to an allied capacity, on either a full or part-time
basis, on the date of the signing of this Agreement, or during its term.
6.8 Key personnel assigned to CITY projects by the ENGINEER shall not be removed from
the projects until alternate personnel acceptable to the CITY are approved in writing by
the CITY. Key personnel are identified as: Project Manager and technical experts.
6.9 The ENGINEER and/or ARCHITECT shall attach a brief status report on the project(s)
with each request for payment.
7.0 COMPENSATION
7.1 The ENGINEER and/or ARCHITECT shall be compensated for all services rendered
under this Agreement in accordance with the provisions of each Work Order, upon
presentation of ENGINEER's and/or ARCHITECT' S invoice. An hourly rate schedule
and typical methods of compensation are attached hereto as Exhibit "C".
7.2 Except as may be addressed in the initiating Work Order, the compensation for services
shall be invoiced by the ENGINEER and/or ARCHITECT and paid by the CITY once
each month. Such invoices shall be due and payable upon receipt.
7.3 The ENGINEER and/or ARCHITECT agrees to allow full and open inspection of payroll
records and expenditures in connection with hourly rate and cost plus fixed fee work
assignments upon request of the CITY.
8.0 PROHIBITION AGAINST CONTINGENT FEES
The ENGINEER and/or ARCHITECT warrants that it has not employed or retained any
company or person, other than a bona fde employee working solely for the ENGINEER
and/or ARCHITECT to solicit or secure this Agreement and that it has not paid or agreed
to pay any persons, company, corporation, individual or firm, other than a bona fde
employee working for the ENGINEER and/or ARCHITECT any fee, commission,
percentage, gift, or any other consideration, contingent upon or resulting from the award
or making of this Agreement.
9.0 TERMINATION
This Agreement may be terminated by either party with seven (7) days prior written
notice, in the event of substantial failure to perform in accordance with the terms hereof
by the other party through no fault of the terminating party. If this Agreement is
terminated, the ENGINEER and/or ARCHITECT shall be paid in accordance with the
provisions of outstanding Work Orders for all work performed up to the date of
termination.
10.0 SUSPENSION, CANCELLATION OR ABANDONMENT
If the project described in any Work Order is suspended, canceled, or abandoned by the
CITY, without affecting any other Work Order or this Agreement, the ENGINEER
and/or ARCHITECT shall be given five (5) days prior written notice of such action and
shall be compensated for professional services provided up to the date of suspension,
cancellation or abandonment.
This Agreement shall be administered and interpreted under the laws of the State of
Florida.
11.0 TERMINATION OF CONVENIENCE
Either the CITY or the ENGINEER and/or ARCHITECT may terminate the Agreement
at any time by giving written notice to the other of such termination and specifying the
effective date of such termination at least thirty (30) days before said termination date. If
the Agreement is terminated by the CITY as provided herein, the ENGINEER and/or
ARCHITECT will be paid for services rendered through the date of termination.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date and year first above written.
Countersigned:
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George N. Cretekos
Mayor-Commissioner
Assistant City Attorney
Timothy Thomas, Director
By:
WITNES :
By:
CITY OF CLEARWATER
By� ' :�.�..�.1�4`..e-���
illiam B. Horne, II
City Manager
ATTEST:
By:
EXHIBIT "B"
RISK MANAGEMENT / INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
REVISED PER RISK MANAGEMENT 1/26/2012
STATEMENT OF PURPOSE: The City of Clearwater eriters into agreements and contracts
for services and/or products with other parties.
Agreements and contracts shall contain Risk ManagemendInsurance 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 governmenta.l agency created pursuant to Part III, Chapter 163, Florida
Statute, its duly appointed officers, or other public bodies, offcers, employees, volunteers,
representatives and agents.
OTHER PARTY DEFINED: The term "Other Party" (whenever it may appear in this Exhibit)
is defined to mean the other person or entity which is a party to an agreement or contract with the
City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents,
contractors, and subcontractors.
HOLD HARMLESS DEFINED: The term "Hold Harmless" (whenever it may appear in this
Exhibit) is defined to mean that the Other Party shall indemnify and hold harmless the City, and
its officers, employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Other Party and other persons employed or utilized by the Other Party in
the performance of this Agreement and any Work Orders issued under this Agreement. (Revised
7/9/12)
PAYMENT ON BEHALF OF CITY DEFINED: The term "Payment on Behalf of City"
(whenever it may appear in this Exhibit) is defined to mean the Other Party agrees to pay on
behalf of the City, and to pay the cost of the City's legal defense, as may be selected by the City,
for claims or suits arising from the fault of the Other Party or other persons employed or utilized
by the Other Party in performance of the contract. Such payment on behalf of the City shall be
in addition to any and all other legal remedies available to the City and shall not be considered to
be the City's exclusive remedy. (Revised 7/9/12)
INSURANCE: The Other Party shall, at its own cost and expense, acquire and maintain (and
cause contractors and subcontractors, if utilized, to acquire and maintain) during the term with
the City, sufficient insurance to adequately protect the respective interest of the parties.
Specifically the Other Party must carry the following minimum types and amounts of insurance
on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,
then coverage can be obtained on a claims-made basis with a minimum three (3) year tail
following the termination or expiration of the Agreement. These insurance requirements shall
not limit the liability of the Other Party. The City does not represent that these types or amounts
of insurance to be sufficient or adequate to protect the Other Party's interests or liabilities, but
are merely minimums:
1. COMMERCIAL GENERAL LIABILITY: $1,000,000 per occurrence, including
but not limited to, bodily injury, personal injury, property damage, premises-
operations, products/completed operations, contractual liability, independent
contractors, and liability assumed under an insured contract. If Commercial General
Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. AUTOMOBILE LIABILITY: $1,000,000 per accident combined single limit, for
bodily injury and property damage for any owned, non-owned, hired, or borrowed
automobile.
3. WORKERS' COMPENSATION: Other Party will obtain and maintain during the
life of this contract, Workers' Compensation insurance in accordance with the laws of
the State of Florida, for all of Other Party's employees employed at the site of the
project. Coverage should include Voluntary Compensation and U.S. Longshoremen's
and Harbor Worker's Act coverage where applicable.
4. EMPLOYER'S LIABILITY: $100,000 each employee, each accident, and
$100,000 each employee/$500,000 policy limit for disease, and which meets all state
and federal laws. Coverage must be applicable to employees, contractors, and
subcontractors, if any.
5. WATERCRAFT/AIRCRAFT LIABILITY: If the Other Party's provision of
services involves utilization of watercraft or aircraft, watercraft and/or aircraft
liability coverage must be provided to include bodily injury and property damage
arising out of ownership, maintenance or use of any watercraft or aircraft, including
owned, non-owned and hired.
6. PRODUCTS/COMPLETED OPERATIONS COVERAGE: The Other Party is
required to continue to purchase products contract or agreement, for minimum of
three (3) years beyond the City's acceptance of renovation or construction projects.
ACCEPTABILITY OF INSURERS: Insurance must be placed with insurers with a current
A.M. Best's rating of no less than A-VII.
DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductibles or self-insured
retentions must be declared to and approved by the City. The City may require the Other Party
to provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention.
ADDITIONAL INSURED: The City is to be specifically included as an additional insured on
all liability coverage described above except for the Workers' Compensation and Professional
Liability coverage's.
OTHER INSURANCE PROVISIONS: The General Liability and Automobile Liability
policies are to contain, or be endorsed to contain, the following provisions:
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 Certiiicates of Insurance showing the
existence of coverage as required by the Agreement. In addition, the Other Party will provide to
the City, if asked in writing, certified copies of all policies of insurance. The Other Party will
maintain the required coverage with a current Certificate or Certificates of Insurance throughout
the term of the Agreement with the City. New certificates and new certified copies of policies
shall be provided to the City whenever any policy is renewed, revised, or obtained from other
insurers.
The address where such certificates and certified policies shall be sent or delivered is as follows:
City of Clearwater
Attention: City Clerk
P.O. Box 4748
Clearwater, FL 33758-4748
CONSIDERATION FOR HOLD HARMLESS/PAYMENT ON BEHALF: The Other Party
agrees to accept, and acknowledges as an adequate amount of remuneration, the consideration of
$100.00 for agreeing to the Hold Harmless, Payment on Behalf of the City, Insurance and
Certificates of Insurance provisions in the Agreement.
SUBCONTRACTORS: Other Party shall require and verify all subcontractors, if used,
maintain insurance, including Workers' Compensation insurance, subject to all of the
requirements stated herein prior to beginning work.
LOSS CONTROL/SAFETY: Precaution shall be exercised at all times by the Other Party for
the protection of all persons, including employees, and property. The Other Party shall be
expected to comply with all applicable laws, regulations, or ordinances related to safety and
health, and shall make special efforts where appropriate to detect hazardous conditions, and shall
take prompt action where loss control/safety measures should reasonably be expected.
The City may order work to be stopped if conditions exist that present immediate danger to
persons or property. The Other Party acknowledges that such stoppage will not shift
responsibility for any damages from the Other Party to the City.
ADDITIONAL INSURANCE FOR REPAIR OR SERVICE OR OTHER CONTRACTS:
If checked below, the City requires the following additional provisions or types of insurance for
repair or service or other contracts to afford added protection against loss which could affect the
wark 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 (a.11 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 �� 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" — Lumu 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 and/or 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)
, ,.
TRICON CONSULTING ENGINEERS
CITY OF CLEARWATER ENGINEER OF RECORD
RFQ 16-12 2012 DIRECT HOURLY RATES
Rate
Job Classification Minimum ($ / hour) Maximum
Typical
Senior Vice President N/A N/A N/A
Vice PresidendOfficer-in-Char e 5 3. 0 0 5 3. 0 0 5 3. 0 0
Senior Pro'ect Mana er/Grou Mana er $ 5 0. 0 0 $ 5 0. 0 0 $ 5 0. 0 0
Pro'ect Mana er/Associate Princi al N/A N/A N/P,
Construction Mana er N/A N/A N/A
Construction En ineer $ 3 0. 0 0 $ 3 0. 0 0 $ 3 0. 0 0
Senior En ineer/Scientist $ 4 2. 0 0 $ 4 2. 0 0 $ 4 2. 0 0
En ineer/Scientist III-IV $ 3 7. 0 0 $ 3 7. 0 0 $ 3 7. 0 0
En ineer/Scientist I-III $ 3 0. 0 0 $ 3 3. 0 0 $ 3 5. 0 0
Planner N/A N/A N/A
Landsca e Architect N/A N/A 1v/A
Field Technician N/A N/A N/A
Senior Desi ner $ 2 5. 0 0 $ 2 5. 0 0 $ 2 5. 0 0
Drafter/CADD O erator $ 2 0. 0 0 $ 2 5. 0 0 $ 2 5. 0 0
O erations S ecialist N/A N/A N/A
FiscaUAccountin N/A N/A N/A
Administrative/Clerical $17 . 0 0 $17 . o o $17 . 0 0
MULTIPLIER� 3.0