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AGREEMENT FOR PROFESSIONAL SERVICES (73)EXHIBIT "A" AG�2�EMENT P�t)FE��itJ1�i�L S�R�ICES Thzs A�GI��I�TENT is ia��de and en[er�d ii�tto an t�� .�_ day oI`�� ,�cY , 2�i12 b r and b�tcv�n th� Cify af Clearwater, Ftc�ri�la `{CIT�'"} and 'E�gS E1�.Qrt.1_.NE�1N% lN►C.,�E%IC'.�INEER)�ndfor{ARC`HiTE�T), "�'I'i'N��TH: �HEI2FA a the CITY d�sires tc� en�age tl�e EI�IC"rIIr�EER. andJ�r ARCHI"T'�C'1" to �r�orm c�rt�ir� prc�fessi�nal services pertinent tcs suc� work in acc�trd�nce ti�ith ihis Agrt�ment; an+d �JV`��R�AS tlte EN�INE�R andtor ARC�II'i°��fi de�ires to prc�vide such profes�icrnal s�rvic�s in accnrdart�� vith this �t�reement; �nri �`�E AS th�e GITY sele�t�d the EI�iGINEER andlor A1iC'HI'TECT i� ac�c+rdance �vit� t�t� �+�t�p��tiv� s�ele�tian prc�ces� cieseril�d in Section �87:(lSS t�f the Fiorida Statutes� �nd bas��i on inform�tic�n an�i r�:pre�cntatfc�rts �iven by th� ENGTN�ER andl�r ARGHI'�G�' in a�r�posat dated March �Ci, 2{112; N(�W, 'I'P-�ER;�I� CIR�, �n consideratic�n of the pr�rnis�s and the �natual benefi�s whic:� will accru� tsa t�e parties hereto in carr}fing c�ut the tertr�s af this A�reetnent, it i� �tutu�liy understat�d �nd ��r�ed as %�llc�tivs: 1,t1 �iP�1��tAI. �Ct�P� ()�' THIS AGREFMEN"I' The reia2ic�n4lii� ca�" the �NGIN�ER �nd/or ARC�IT�CT to tlie C�I�''�' r��ill �a� tJ�at c�f a prc�fes�icanal c,cknsuttant* and the F�tGiN��. andlor AR�HITE�:T wili pr�vide th� professic�nai and tect�ni�a1 ��rvices required under this A�reeme�t in ac�orti�:n� ut�th a�c�ptalal� �n�in�erinp �a�'actices �iad etl�i��l st�nd�'ds. 2,0 1��C7►F��IC1NAi� 1'�C:iiNICAL. SE�2ViCE� 2.1 It shall be the r�sponsibility �af the �I*tCiIN�ER and/t�r AR�I-I1�[°EC'C' tcr wor�: wi�h �nti fc�r th� CITY tow�rd soluti�ans ta c�ngineerin� problems art� the appr�a��h ar t�c�tnique tc� I�� use�i tcrwarci accomplishment af the CI�'Y's sabjecti�v� for each �rc+�ect or as�i�et�t. ihe EI�C7TP�i�ER's ar�d/c�r AR.C:HIT��IW'�a service� s��11 includ� developin� anc� pres�ntin� a��+isc�ry r�pinian� regart�i�� the us�ful�es� -�nd cc��tinue� pr��t��ility c�f Wat�r� �ewer and St�rmwater UtiEity S�'st�m ��cilities, the prcap�r t��intenan�� af the elerne��ts of the S�rstem a.nd the desi�n c�� capit�t im�rcav�ment,� th�retc�; raat�s, drain��e, str�actural analysis, transpori�tic�n, tra,ff'i�, �nvir�anm�ntal azt+� �a:s syst�m�. R�present�ti�.Te as�ig�ment are�s �re e�pected to inclu�le, but t�t�t � limitc� tc�, plani�in�, studi�s or d�si�;;r► service� as listec� Lsel�r�u. �. Prepar�tic�r� af cvnstruction dra4vin�s, s�aecificatic�ns �nd bid d��tunents fc�r public r�vt�rics �r�j�ccts. includin� but not limited to, • siruciural en�ineerin� �lem�nts • streets ��d re�adwa}�s, includin� intersecti�n im�r��r��rner�ts • parkin� faciiities *�titiiy� inf.rasfncctur��, in�luding 1�ater, �=astec��ater, natur�l �as, storm �r�ter and r��laimed water 2. land survv�yin,� activiti�s, including titl� search, aeriai tar�;et placement, to��raphic surveys, ri�hi-r�f-wary surve�fs, preparatz�n crf rip;ht-c�f-way �csz��xsal s�teys, pr�par�tinn �i' ri�;ht-�f wa� �nappir��fp�rcel d�sc�ip�ionsf�arcel sl�etche� 3. architecturat services �. tr�ns�aartatioin i�npro�xement plannin� a�ci �tudies, ine.ludi�i� Pria,��ct Ucv�lcapment �: �r�virc�zam�n� (�'t�&E) s�udies �. �pprai�als cafland und�r cc�nsid�ratiran for acc�uisition �ry the �C�T�` f�. tra#�i� c�perafic��s acti�riti�s, �ncludin� traf�c si�nat 3�pacrat�t azralysis, �f�t}T stuc�i�s, pr�paratic�n of traf'tic �ignal constructian dc�cumen#s; 'pr��aration of ��v�tnent ��rkin� �; si,�in� plansr assistat��e as n�ec�eci w�ith th� impl�em�tit�tic�n of timin� pians f`or anc� the op�rati€�;n t�fthe Gitv's [Jrban Traffi� Si�nal �flmput�r Syst��r� '�. l�a�.�rd�us m�tez��ls in�vesti�ations, miti�ati�r�fr�mediatic�n �lan� ��sci assc�ciat+�d t�ks 8, rr�aa��;��ment caf ��structi�n �ontracts 9. revier� �nd �sse�sii�end c�i the �pplicability �f desi�nlGuild c�ncracts s�n�3lor Va�ue En�in�er�n� far varinus �`IT� impr�avem�nts 1i3. de�el�rpmentlpre��ratictr� �f �r�nt ap�li�atians f�r �ITY projects 11. �r�paration c�f per��rit appli�ati�n pack�ges, inclu�in� u��ter. ��a�te ��ater, �uria�� °��ater mana��m�nf, i�iatic�n�i �'ta�lutic�n l�ischar�� limir►atic�n ��i�te�n �TIP]�E��, �nci w�tland imp�cts: ��sist�ce in me�tin� re�ul��c�ry �nd gr�zat r�quireznents. �rrnittin� �nd �r�parati�n �f �aermit dr��ttrn�nt� �id repre�er�ta�ic�n flf the CI�I'Y is�f`�re apprc�pri�te reg�l�t�ry hc�dies i�. et�v�r�r�r��enta] audits. inci�din� ev�lu�tic�n �►f h�rd�us �n�terials �a�tenti�i. �rc�t�c�lc�,�ical +ar hist�arical resc�ur�es, imp�cts ta thr�ate��ed ar �ndar�gered speci�s 13. h�drauliclhy�rc�ic��i� m�de�iE�� of �#.reams. ��ratersheds, water at�d w°�,ste��ate� pipin� sv�t�ms ant� nlc�deling c►f tr�atrn�nt prc��es��s, et�: l�, develt�p�nent r�fl�vciland miti�;atitan �lans, ineludin� c�mpli�.n�e monitc�rin� 1;�, �at�r c�u�lity tnc�nitcrrrtt�;, includin� re�ac�rt �rc��r�tic�n 1 fi. pr�p�r�tivn and im�iementation �f public invalvement �ara�rams; includin� ,�r��hics (pr�s�ntmtic�n bvards, slid�s, hanc�c�utsg �tc.� 1"7. �tudi+�s ret�te� t�a siarmwai�r mana�etnen�� ma�ter plar�nin�, desi�n and fin�ncin�;; includin� stc�rmtivater utility f�asibilitv and rmplernent�tton I8. studi�s rclatcd tr� ratcst user char�es anti irnpacl u�t�n vari�aus a�ee�nen�is betwecn t.�� C�TY and its c�stam�rs, suppliers and �onsultants 1�. studies �+f tecr�a�ionai facility imprcav�ments, inciuding expansie�n or impz't��ements tc� existing facilities as w�11 as d�veic�prn�nt �f ne�t� facilities: inclucies pc�ss�hie prep�ration Qf cc�nstructiai� �acutne�ts �inciudir�� permits) and cc�nstr�icti�n anana�ement �C}. avia�ian s�;rvices, inc�uciin� mast�r planning and' desi�rt c�f ptann�cf 'ttnprave�tt�ttt�< 21. prepar�iic�n rsf lra�tic calming plans 2�. lands�a�e anct irrig�tic�n desi�n 23. c�th�r work as ma}= be reasc�nablv requir�c� under th� ��n�r�t scope c�f pr�fessi�anal �nd technieal en�ine�rin� s�rvices it� conn��tion e�ith the �ITY's p�blie w�rkslen�ine�riY�� °�te�n. �.2 The ENGII"�EERas �ndlt�r A��HI�'EC�"' S s�r� i�e� und�r this A�ement �vill be prt��ided uncier Wc�rk Cirders, Cxeneraltyr �ach 'UVc�rk t7rdex w�il �nc�ud� the s�rvices �'c�r � sin�l� prc��ect c�c assi�ntr�ent, �nd it wil� ��xntain � mutually a�ree�-upc�n d�taiit�d scope �f w�ark, f�e, �nd sched�ule of performance in acct�rd�n�e uit}� �a�plical�le fiseal �nd bud��tary �onstraints. T�t�i compensati�n f�r al l sers�ices �k�all n�� e�cee�t $1 �t0,�i00 p�r Wcrrk {�rder unless speci�ieafly authc�ri:zed b� the �ity Council. 2.3 The �NC�INEER an�/a�r ARCHII'�CT s%all m�intai�i a� adeq��t� and con�petent �taff i�f prof�ssic�nally qualified persannel av�il��le tc� ths �CTTY fc�r the puipc�se cs�rendering the requir+�c� �n�ineering and/c►r architect se��c�s hereunci�r, and shall dili�e�tiy �xe�ut� the wc�rk to meet th� cozt�pleti�n tim� establi�h�d in Wc�rk t�rder. 2.4 The �IT`Y res�nres the ri�ht tc� ��ter into contracts ��itl� c�th�r en�ineerin� �n�dlc�r �•�hit�et �rrns fc�r si��ilar serviu�s. �°h� ENGINEER ancUt�r ARGI-iI'�'ECT uril�, r�yhe� direc�ed tcr dt� �u by the C'�i`Y, caordinaE� �:nd c�urk rvith othe�- en�ineerin� andl�r archit�ctural iirr�s ��taii�ed by the CITi'. �.� PF�[C11� �� SFRViCF �.l Th� EN�xINCER andfcsr AIZCHTT�CT �hail lae�;in r�vor� pro�iiptly a�ter r�ceipt of a full'}{ e�ccutt�ci cc�py of �ac� V+i�r�; C>rder, in �zcGC�rdance u�ith Para�r�ph 2.2, ak��v�. R�ceipt �i a�ul[� ��cuted W+ark C3r+�cr shall canstitute �.�vcitten noti�e to �roce��. �.� Ifthe E�iGIN�ER,s andl�r �RCHIT�C�"� s�n�iees call�d F�r �nder �y Wc�r� C�rcier �� tiel�yed fc�r r�asons �Sey+�n� t�e El'�C�Il�1f�ER's artdior r�I�CHI7'ECT'� eontrcri, ih� time t�f perfc��`rnanec sh�i1 h� �c�j��sted as appro�ri�te. �.� It is tl�e intent of' the par�ties h�reto �h�t this A�reement contir�ue in farce 'un2il three (? } �cars from the d�t� �� ecuti��n, subject ta the prt�visiat�s for termin�tian ct�nt�.in�d k�erein, Assi�nrn�nt� that �t`� in prc�gress at th� Contract tcrminaiion d�t� 'will be completed by th� ENGII'�FER andl�r ARCI-�ITECT unless s�ecific�lly t�rmin�ted b�� th� CIT�, � .. . �e� Fa�hibit "`B�° attached: Prcr%ssic�n�l'�ervices prc��i�ie�l uncier this ,t��reem�nt ar� within tl�:e scope t�ith� �t��.�ti�e of �rchi�ectur�� landsc��e �rchitecture, �arof��.sicar�ai en�ine�rin�, c�r register�d i�nci surve}�in�, a� defin�d by the lau�s �f the �tat� t�f �`lorii�a. Prt�visian� c�� .5, 28i,t�� PP�Y- .. , � a. � fi,] A�1 dvcuments xn��udin� �i�ld �oks, dravaFings, sp�ci�ca#iansx calculatio�s? gecrte�E��ical i�vesti�at�e�n �e�c�rts, etc., us�d in ihe preparation c�f the w��rk �hall �ae suppiiect by �he :EN .t',INEER andlQr ARGHIT��T �nd sh�lt became t�e prc�perty of'i��e CITY, Aifi� ��"CY acl:nowlec�ges xhat su�h ct�acuments are nat intended or represented ta b� s�utai�ie fc�r use by the �ITY vr �#hers for pur�c�ses �i6�r th�n thase far which the �c�cum+e�ts �re pr�pared. Any reuse ctf thes� documents withottt vuritten v��ificatic�n or ac}aptatian by the ENGI�*I�ER an�iivr AR�HITEC"T for the sp�cific purpc�se intended wil� be at the GITY's svie risk withoeti Iiabiliiy or 1�gal ��posure t� t�e ��G�hI�E�t antltor ARCHITE�`T. �.2 �'h� E�3GIN�EI2 andla�r AF�C'HI`I'�CT shall prepare pr�e�iminary �c�n�t�ruct�t�z� �►st estima�es wiih �ach desi�n sub�n�ttal t� verify the propos�d desi�n is vuithin th� Gity prc�ject t�udget�. T'I�� ENG�iEER and/or AR+�HIT��T shall prepare a�inal e�tirttate �f probable cons�ruction costs� fc�lio�ving �ITY �p�aroval �of` th� �id dc�cuments az�d �thec �rebid a�tiviti�s. `T"k�� 1T`t� her�by ackno�ledges th�it �siim�t,�s of px�bable constructic�� osts ca�nc�t b� guaran#eed, and �uc� estimates ar� not to % cc�ns�rued �s a prc�rnis� fhat desi�r�ct� f�cilities wi11 not �xceed � cast limitaticau. Siaou�d the lc�west, re��ns�ve at�d ac�eptat�l� bid price received by� the �iTY within thr�e �a) mc�nths fram the date �afthe �I�`Y's appr�*�al �f the bid �to�um�n�s �xce�d ihe ENGII'�ECR's andlor R��.C.��IIT'EC:Tg� fi��al cc�st estimate by tnc�re than t�n p�t�cent �10°10�, the ��iGINEER an�?�sr ARC�Ii'��T shall �et`fc�rm a d�tail�ed evaluation af #he lo�v bid. T'he ��j�lu�tic�n will review the bid pr'rces c�n � lin� ilem ba�is,;identiiyxn� are�s +�f disagre�ment anci prt�vidir�� catic�nale %r the difference. 6.3 T'h� ��CiINE�It andlc�r AR�HITEGT �4ti�l �rc�vide experi wit�ess�s, if requirec�, to testify ir� e�zu°x�tion ��rit% �ny suit �t ta��. A supplemental a�ree�nent 4��ill �e neg�tiated between the CITY and the ENGINEER andlor 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 andlor ARCHITECT will assign or transfer its interest in this Agreement without written consent of the other. 6.6 The CONSULTANT shall indemnify and hold harmless the CITY, and its 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:� �xc�pt as m�}f be �ddressed in the initiating Work Cir��r, fih� �c�mp�nsafion fc3r s�rvic�s sh�ti iae invoiced by' the �I�TC�NE�R a��dlar �RCHl1"�CT and p�id i�y the Ci�I'� �nce ,eac� m�nth. �uch invc�ices shall be dit� and payabl� upc�r� receipt. 1.3 'The E�IG�N�ER �ncllor ,A.�.�HITE�T agrees t� allc�we iull and �t�en insp�cti�n caf �ayrr�ll r�ct�rds and �xpen�iitures in c�n�ectic�n �rith hourly r�t� a�� cc�sfi p1u� fixed fee wtark assi�nments upcl�� r��u�st of the +CITY. �,p PR�Ci�iII�iTitll'+� AGAINST CONTINGENT FEES '�'h� �Nt�IN�EIt. �ncilcrr A�CHITECT �varrants th�t it h�s nc�t empl�yed �r r�tained �y c�a�np��r c+r �r�an; �th�r than � b�n� �id� ernpic�ye� u��rlan� soleEy f�r th� El'�CiINEER. ancUc�r ,ARGH�'TE�T to s�iicit or secur� this Agr��mec�t �nd that if has nc�f p,�aic� c�r ��r��d ta pay �ny p�rsc�ns, cc�znp�xay, �orporatzon, inr�i��iduai or �nnx oiher th�n � E,cc�na �d� emplo}�e� rvnrt��n� fe�r t�� ENGINC�I`i �ndl+ar A�.�HI�I'E�T a�zy fee, ct�n�misaion„ p�rc��t�ge, gift, or an}x other cc�nsid�ration, ec�ntin��nt upon c�r resultin� frcam tt�� ward +�r makin� of this A�ree�ent. 9.0 T�RMINAT�Oi11 This ��reen�ent m�y be t�r�ni�ated by eitk�er p�rtv wit1� seven (7) days �ari�z� �xitt�n natice, in th� e�Tent �f st�b�tantiai f�ilur� tt� p�r�'orm in ac�vrda��ce with the term� herevf by t�t� other party thr�u�;i� ncr fault r�f t�i� terc�in�tin� �ar�y. If this ��re�m�nt is termin�ted, the ENCTN�ER andlvr ARC�IT�CT �ha11 6e paid in accc�td�n�e with ihe prc�visions t�f c�utstandi�� "carl: +�trders �or �ll work perfarmed ap tt� t1�� dat� �f terminatic�n, 1 U.(} �iJ�P'ENSI��I. �AI�CELLATT+DN UR ABAND(}t�MENT If the prcaject descril�ed in any �or% i}rdert is suspended� cancelcd� c�r ab�ndc�n�tl by th� CITY, withuut affecting an� cather Wark t�rd�er ar tlaxs �,�reement, th� EI�Ci1�t�,Ei� andlc�r ARCI-�IT�GT �hall be given f ve {�) days pri�r �-itte� natiex� nf such aclic�n and sha11 be ��tm�ae�tsaied �`c�r pro%ssi�n�l services prt�vided u� to the dat�' of su��nsia�, caz►�ellatin�i c►r a�andonment. '�"hi� A.�r��zt�ent �hall b� administ�r�d and int�preted urtct�r the laws �f the �tate of Fl�rida. 11,� 'T�RMII�ATIt�l�1 +��` �UNVEIYIE�i�� ith�c ��e CT'I'Y or the EI�TGINE�R andit�r t1R�HITEC`�` may termi��t� tlae A�reement �t �ny time b}= givin� writt�n nc�tice to thc �►ther esf su�h terminatit�n a�td �pecif�in� th� ef£ective d�t� c�f such termination �# �east thirty �30} days bef�r� s�i� termin�tit�n d�te, I� th� A�reem��nt is t�rminat�d byy the CIT'Y as pr�vici�d h�r�ir►, th� ENC'r1N�ER andl+�r ,ARCHii"ECT vuili b� p�id �vr ser�ri�es rendered t�rc�ugh th� d�te c��t�rminat�c�n, IN WITI�IES� �E�iEREt?�, the �arlies heeetca have rz�a�ie ��d �:x�cut�d tf�is A�ce+em�a�t �an t�e dat�: and }*ear fir�t a�rove wri'tten, Gou�t�ersigned, — ��(�� ^ C�C��C� i G�c�r�e t�I. �reteke�s Mavnr �ssistant City Attc�r�ey �f�{Y1F�5 1�nuRt�� 1r_ P � I3 ' ; �� V4'ITN�S�: �y: ✓ f��srr.,�.--- CITY tl� CLE�R�AT�R. ATTES"I't 13y; . . ,, � /I�.�.. �., , : r �all �� oF r,yE�,�� `�� f' . e� � � �_ � -�_. .�. � � --` �,� ` �— �.�'� TE�� 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, sufiicient 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: 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 projecdlocation or the general aggregate limit shall be twice the required occurrence limit. 2. AUTOMOBILE LIABILITY: $1,000,000 per accident combined single limit, for bodily injury and property damage for any owned, non-owned, hired, or borrowed automobile. 3. WORKERS' COMPENSATION: Other Party will obtain and maintain during the life of this contract, Workers' Compensation insurance in accordance with the laws of the State of Florida, for all of Other Party's employees employed at the site of the project. Coverage should include Voluntary Compensation and U.S. Longshoremen's and Harbor Worker's Act coverage where applicable. 4. EMPLOYER'S LIABILITY: $100,000 each employee, each accident, and $100,000 each employee/$500,000 policy limit for disease, and which meets all state and federal laws. Coverage must be applicable to employees, contractors, and subcontractors, if any. 5. WATERCRAFT/AIRCRAFT LIABILITY: If the Other Party's provision of services involves utilization of watercraft or aircraft, watercraft and/or aircraft liability coverage must be provided to include bodily injury and property damage arising out of ownership, maintenance or use of any watercraft or aircraft, including owned, non-owned and hired. 6. PRODUCTS/COMPLETED OPERATIONS COVERAGE: The Other Party is required to continue to purchase products contract or agreement, for minimum of three (3) years beyond the City's acceptance of renovation or construction projects. ACCEPTABILITY OF INSURERS: Insurance must be placed with insurers with a current A.M. Best's rating of no less than A-VII. DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Other Party to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. ADDITIONAL INSURED: The City is to be specifically included as an additional insured on all liability coverage described above except for the Workers' Compensation and Professional Liability coverage's. OTHER INSURANCE PROVISIONS: The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions: 1. PRIMARY INSURANCE COVERAGE: For any claims related to this Agreement, the Other Party's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Other Party's insurance and shall not contribute to it. 2. RIGHT OF RECOVERY: Except for Workers' Compensation, the Other Party waives its right of recovery against the City, to the extent permitted by its insurance policies. 3. SEVERABILITY OF INTEREST/CROSS LIABILITY PROVISION: The Other Party shall request that its insurers' policies include or be endorsed to include a Severability of Interest/Cross Liability provision so the City will be treated as if a separate policy were in existence without increasing the policy limits. 4. HOLD HARMLESS/INDEMNIFICATION: The Other Party shall indemnify and hold harmless the City and its officers, employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Other Party and other persons employed or utilized by the Other Party in the performance of this Agreement and any Work Orders issued under this Agreement. Other Party acknowledges that it is solely responsible for complying with the terms of the Agreement or a purchase order or contract arising out of the Agreement. (Revised 7/9/12) 5. NOTICE OF CANCELLATION OR RESTRICTION: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice sent via certified mail, return receipt requested, has been given to the City. It is the Other Party's responsibility to ensure the notice requirement is met. CERTIFICATE OF INSURANCE/CERTIFIED COPIES OF POLICIES: The Other Party, if selected, will provide the City with a Certificate or Certificates of Insurance showing the existence of coverage as required by the Agreement. In addition, the Other Party will provide to the City, if asked in writing, certified copies of all policies of insurance. The Other Party will maintain the required coverage with a current Certificate or Certificates of Insurance throughout the term of the Agreement with the City. New certificates and new certified copies of policies shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attention: City Clerk P.O. Box 4748 Clearwater, FL 33758-4748 CONSIDERATION FOR HOLD HARMLESS/PAYMENT ON BEHALF: The Other Party agrees to accept, and acknowledges as an adequate amount of remuneration, the consideration of $100.00 for agreeing to the Hold Harmless, Payment on Behalf of the City, Insurance and 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 a11 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 ofiicers, 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 iinancial 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. Ly/14,��L�� 1 C<("`�33 1., � t � � � � . � � � • � � Th� own�r shall �ay EN�II�iE�R �n�i11�r ARC�Ifi��i' �r�d E�GIN�E�t ,andlc�r t�I�CHi'I'�CT a�rees to accept as full cc�mpensati�n fc�r its servtces ��s esta�lishec� by �?V+�rk Order� coan�nsation as cvnlputed by on� of tl�e folit��ng meihc,ds: �liethod "A" — �w�#s Times M�l,t„�'�ii�r I3asis — �c�rr�pe��ati�n in the foar��a n� ac�tt�ai ct�sts tim�s a mulfiplier as d�tezmined by the followiz�g �c�rmula: Actual rawP S��xxy Ct�st {Haurlyx �tat�j x IV�ultip]i�r +�tai�ansultant Cost +()ttiYer I�ireci Ct�sts, iVlultipli�r ,�j • � .Z.includes fi�in�e t�ne�it r�i�e, av��h�ad, c�p�ratin� rnarg�n and profit at�d i� sub,�ect fic� annual re�ie�v. Subc�nsui�nt`Cr�sts �re actt�l �a��t� incurr�d tirn�s a fact�r c�f 1:�0. Actual cc�sts siiall I� bas�d c�n billin� ra�es far requirec� labcar cl�,ss��icatians. t�er I3ft�ct Ct�sts are actur�l ctrsts inc�rreci %�r tr�,��el out�ide c�f'I'ampa �ay area, printing,'cc�pYi��, iong distar�ce tel�pk�one calls, �tc.3 ti��s a tac��r c�� 1.00. M�thud "�" - L�m� �um - C:�mpensatir�n in the for�n c�f "lump sum'• f�r �ll w�r� assc��i�.teri with ��ark C►rd�r ar 'task �nci shalt be det�rmi�ed by rnutual a�r�e�nent bet��een the �N�r��l� anc�lor A�Z�i-�iTE�'T and the City. Th� lump sLUn amc�unt shali be ne�c�ti�te� b�s�d �pon the V�It�rk lJrder s�ope �f`secvic�s atzd �,►�rc��d t�y �th th� �ity and the EI�iGT1�1EERlARCH1TE�T„ H�url� Ra#� - T�� estizn�t�d k�ourly rates belcsv,r repr�seni �Oi � costs and c,�te�ari�s. �'�ri�dic chan��s �r� anticipated and mc�d�fi�;atic�n can b� ��de annually upc�n Gity and ENC"rIP+1E�� t�it�r AI�.CHIT�C7' rewFie��. (�Ic�te: Al1 rat�s ar� h�url�Y salary) CITY OF CLEARWATER ENGINEER OF RECORD RFQ 16-12 2012 DIRECT HOURLY RATES REISS ENGINEERING, INC. Rate Job Classification Minimum ($ / hour) Maximum T ical Senior Vice President 76.00 81.00 92.00 Vice President/Officer in Char e 62.00 71.00 76.00 Senior Pro'ect Mana er/Grou Mana er 46.00 59.00 79.00 Pro�ect Mana er/Associate Princi al 34.00 49.00 62.00 Construction Mana er 34.00 39.00 46.00 Construction En ineer 26.00 30.00 38.00 Senior En ineer/Scientist 40.00 50.00 62.00 En ineer/Scientist III-IV 38.00 41.00 46.00 En ineer/Scientist I-III 22.00 30.00 40.00 Planner - - - Landsca e Architect - - - Field Technician 22.00 27.00 37.00 Senior Desi ner 37.00 40.00 42.00 Drafte/CADD O erator 28.00 30.00 35.00 O erations S ecialist - - - Fiscal/Accountin 22.00 26.00 30.00 Administrative/Clerical 12.00 17.00 20.00