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AGREEMENT FOR PROFESSIONAL SERVICES (86)AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into on the , /St day of tam , 2015 by and between the City of Clearwater, Florida (CITY) and Cardno, Inc., (ET'(GINEER). WITNESSETH: WHEREAS the CITY desires to engage the ENGINEER to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS the ENGINEER desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the ENGINEER 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 in a response to Request for Qualifications #34 -15 dated May 1, 2015: 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 to the CITY will be that of a professional consultant, and the ENGINEER 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 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 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 2.1.1. Preparation of construction drawings, specifications and bid documents for public works projects, including but not limited to: 2.1.1.a. Structural engineering elements 2.1.1.b. Streets and roadways, including intersection improvements 2.1.1.c. Parking facilities 2.1.1.d. Utility infrastructure, including water, wastewater, natural gas, storm water and reclaimed water 2.1.2. 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 2.1.3. Architectural services 2.1.4. Transportation improvement planning and studies, including Project Development & Environment (PD &E) studies 2.1.5. FDEP Brownfield Redevelopment Program projects 2.1.6. 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 2.1.7. Hazardous materials investigations, mitigation/remediation plans and associated tasks 2.1.8. Management of construction contracts 2.1.9. Review and assessment of the applicability of design/build contracts and /or Value Engineering for various CITY improvements 2.1.10. Development/preparation of grant applications for CITY projects 2.1.11. 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 2.1.12. Environmental audits, including evaluation of hazardous materials potential, archeological or historical resources, impacts to threatened or endangered species 2.1.13. Hydraulic/hydrologic modeling of streams, watersheds, water and wastewater piping systems and modeling of treatment processes, etc. 2.1.14. Development of wetland mitigation plans, including compliance monitoring 2.1.15. Water quality monitoring, including report preparation 2.1.16. Preparation and implementation of public involvement programs, including graphics (presentation boards, slides, handouts, etc.) 2.1.17. Studies related to stormwater management, master planning, design and financing, including stormwater utility feasibility and implementation 2.1.18. Studies related to rates, user charges and impact upon various agreements between the CITY and its customers, suppliers and consultants 2.1.19. 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 2.1.20. Aviation services, including master planning and design of planned improvements 2 2.1.21. Preparation of traffic calming plans 2.1.22. Landscape and irrigation design 2.1.23. 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 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 services, project goals, fee, and schedule of performance in accordance with applicable fiscal and budgetary constraints. Total compensation for services shall not exceed $100,000 per Work Order, unless specifically authorized by the City Council. 2.3 The ENGINEER shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering services hereunder, and shall diligently execute the work to meet the completion time established in Work Order. The ENGINEER shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information. This includes: contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and /or architect firms for similar services. The ENGINEER 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 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 services called for under any Work Order are delayed for reasons beyond the ENGINEER's control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force until four (4) years from the date of initiation, July 24, 2015, subject to the provisions for termination contained herein. The City retains the right to exercise an option to conduct a mid -term solicitation. Assignments that are in progress at the Contract termination date will be completed by the ENGINEER unless specifically terminated by the CITY. 4.0 INSURANCE REQUIREMENTS See Exhibit "A" attached. 3 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 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 for the specific purpose intended will be at the CITY's sole risk without liability or legal exposure to the ENGINEER. 6.2 The ENGINEER shall prepare preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The ENGINEER 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. 6.3 The ENGINEER 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 describing the services desired and providing a basis for compensation to the ENGINEER. 6.4 Upon the ENGINEER's written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the ENGINEER and CITY mutually deem necessary. 6.5 The CITY and the ENGINEER 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 will assign or transfer its interest in this Agreement without written consent of the other. 6.6 The ENGINEER 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 ENGINEER and other persons employed or utilized by the ENGINEER in the performance of this AGREEMENT and any Work Orders issued under this AGREEMENT. 4 6.7 The ENGINEER 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 shall attach a brief status report on the project(s) with each request for payment. 6.10 Unless otherwise required by law or judicial order, the ENGINEER agrees that it shall make no statements, press releases or other public communication concerning the Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data, technical processes, business affairs or other information obtained or furnished in the conduct of work under this Agreement without first notifying the City and securing its consent in writing. The ENGINEER also agrees that it shall not publish, copyright or patent any of the site specific data or reports furnished for or resulting from work under this Agreement. This does not include materials previously or concurrently developed by the ENGINEER for "In House" use. Only data and reports generated by the ENGINEER under this Agreement shall be the property of the City. 6.11 Public Records - The ENGINEER will be required to comply with Section 119.0701, Florida Statutes (2014), specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Clearwater in a format that is compatible with the information technology systems of the City of Clearwater. 7.0 COMPENSATION 7.1 The ENGINEER shall be compensated for all services rendered under this Agreement in accordance with the provisions of each Work Order, upon presentation of ENGINEER's invoice. An hourly rate schedule and typical methods of compensation are attached hereto as Exhibit "B ". 5 7.2 Except as may be addressed in the initiating Work Order, the compensation for services shall be invoiced by the ENGINEER and paid by the CITY once each month. Such invoices shall be due and payable upon receipt. 7.3 The ENGINEER 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 warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER 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 fide employee working for the ENGINEER 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 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 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 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 will be paid for services rendered through the date of termination. 6 12.0 PUBLIC ENTITY CRIMES Pursuant to Florida Statute 287 -132 -133, effective July 1, 1989, the City of Clearwater, as a public entity, may not accept any proposal from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, F.S., for Category Two (currently $35,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person of affiliate has been removed from the list pursuant to Section 287.133 (3)(f), F.S. 13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA The ENGINEER will be required to comply with Section 287.135, Florida Statutes, specifically to the following, attached hereto as Exhibit "C ": (a) The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and (b) The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and (c) Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and (d) If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages in business operations in Cuba and Syria. 7 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year first above written. Countersigned: tO f Cf \-t tco$ George N. Cretekos Mayor Cardno, Inc. By: Print Name: Title: SR. V ,xcl; By: Print N. Titl . T ,y7z - /'e/ CITY OF CLEARWATER By: William B. Horne II City Manager Approved as to form and ATTEST: correctness: Matthew M. S �th Assistant City Attorney By: j' W 04-4._ Rosemarie Call City Clerk 8 EXHIBIT "A" RISK MANAGEMENT / INSURANCE REQUIREMENTS FOR AGREEMENTS AND CONTRACTS 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. 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. Exh. A — Page 1 INSURANCE REQUIREMENTS. The ENGINEER shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better. In addition, the City has the right to review the ENGINEER'S deductible or self - insured retention and to require that it be reduced or eliminated. Specifically the ENGINEER 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 this Agreement: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products /completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non - owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers' Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer's Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. If the ENGINEER is using its own property, or the property of the City or other provider, in connection with the performance of its obligations under this Agreement, then ENGINEER'S Equipment Insurance or Property Insurance on an "All Risks" basis with replacement cost coverage for property and equipment in the care, custody and control of others is required. e. Professional Liability Insurance coverage appropriate for the type of business engaged in by the ENGINEER with minimum limits of $1,000,000 (one million dollars) 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 any new policy provide a retroactive date no later than the inception date of claims made coverage. Exh. A — Page 2 The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy's renewal date(s) for as long as this Agreement remains in effect, the ENGINEER will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an "Additional Insured." In addition when requested in writing from the City, ENGINEER will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Engineering, RFQ #34 -15 P.O. Box 4748 Clearwater, FL 33758 -4748 b. ENGINEER shall provide thirty (30) days written notice of any cancellation, non- renewal, termination, material change or reduction in coverage. c. ENGINEER' S insurance as outlined above shall be primary and non - contributory coverage for ENGINEER'S negligence. d. ENGINEER reserves the right to appoint legal counsel to provide for the ENGINEER'S defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to ENGINEER'S design, equipment, or service. ENGINEER agrees that the City shall not be liable to reimburse ENGINEER for any legal fees or costs as a result of ENGINEER providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of ENGINEER's obligation to provide the insurance coverage specified. Exh. A — Page 3 '4�°RO® CERTIFICATE OF LIABILITY INSURANCE DATEE07/ 2 /2015YIY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Southwest, Inc. Houston TX Office 5555 San Felipe suite 1500 Houston Tx 77056 USA CONTACT NAME' (NC N . Ext): (866) 283 -7122 I FAX (800) 363 -0105 (NC. No.): E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC # INSURED Cardno USA, Inc. 5415 SW Westgate Drive Suite 100 Portland OR 97221 USA INSURER A: Commerce & Industry Ins Co 19410 INSURER B: Lexington Insurance Company 19437 INSURER C: The Insurance Co of the State of PA 19429 INSURER D: New Hampshire Ins Co 23841 INSURER E: Granite State Insurance Company 23809 INSURER F: National Union Fire Ins Co of Pittsburgh 19445 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD/YYVY) LIMITS C X COMMERCIAL GENERAL LIABILITY GL1721859 General Liability 09/30/2014 09/30/2015 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) $100,000 $5,000 X X Pollution (S&A/Gradual) Per form 77793(11/09) PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY X JECT LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP /OP AGG $2,000,000 OTHER: C F AUTOMOBILE LIABILITY CA 358 -29 -49 Auto (AOS) CA 2714604 Auto (MA) 09/30/2014 09/30/2014 09/30/2015 09/30/2015 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 _ X X ANY AUTO BODILY INJURY ( Per person) ALL OWNED AUTOS HIRED AUTOS - X SCHEDULED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 34196652 Umbrella 09/30/2014 09/30/2015 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED I X'RETENTION 510 000 0 D WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY Y / N N/A WC039901297 WC _ A05 wC039901296 WC _ (NJ , PA) 09/30/2014 09/30/2014 09/30/2015 09/30/2015 'PER X STATUTE OTH- ER ANY PROPRIETOR / PARTNER / EXECUTIVE N OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE- POLICY LIMIT $1,000,000- O Poll Legal Liab 002161700 Pollution 09/30/2014 09/30/2015 Pollution Aggregate $5,000,000- $5,000,0001 1 i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 01, Additional Remarks Schedule, may be attached if more space Is required) _ Products /Compeleted Operations and Contractual Liability is included under General Lianbility policy. RE: RFQ #34 -15. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability evidenced herein is Primary and Non- Contributory to other insurance available to an Additional Insured, but • only in accordance with the policy's provisions. Should any of the above described General Liability, Automobile Liability and : Workers' Compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of - cancellation may be delivered to certificate holders in accordance with the policy provisions of each policy. i RTIFICATE HOLDER CANCELLATION city of Clearwater Engineering, RFQ #34 -15 PO Box 4748 Clearwater FL 33758 -4748 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE cis i�G.�rIC clsGr�et� e /t1t6 �seel ACORD 25 (2014/01) ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier : Certificate No : 570058606601 ITO A AGENCY AGENCY CUSTOMER ID: 570000051836 LOC #: ADDITIONAL REMARKS SCHEDULE Aon Risk Services Southwest, Inc. POLICY NUMBER See Certificate Number: 570058606601 CARRIER See Certificate Number: ADDITIONAL REMARKS NAIC CODE 570058606601 NAMED INSURED Cardno USA, Inc. Page _ of _ EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM NUMBER: ACORD 25 FORM IS A SCHEDULE TO ACORD FORM, FORM TITLE: Certificate of Liability Insurance ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR INSURER(S) AFFORDING COVERAGE NAIC # INSURER G : Ironshore Specialty Insurance Company 25445 INSURER H : Allied World National Assurance Company 10690 INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF I.NSURANCE ADDL INSD SUER W VD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD /YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS EXCESS LIABILITY H 03092257 Excess 09/30/2014 09/30/2015 Aggregate $15,000,000 Each Occurrence $15,000,000 WORKERS COMPENSATION D N/A wc039901295 WC _ (IL,KY,NC,NH,UT,VT) 09/30/2014 09/30/2015 D N/A wc039901294 WC _ (AK,AZ,GA,VA) 09/30/2014 09/30/2015 E N/A wc025842892 WC _ FL 09/30/2014 09/30/2015 C N/A wCO25842891 WC _ CA 09/30/2014 09/30/2015 D N/A wc012055045 we _ (MA,ND,OH,WA,WI,WY) 09/30/2014 09/30/2015 OTHER B Archit &Eng Prof 031710951 Professional SIR applies per policy telms 09/30/2014 & conditions 09/30/2015 Each Claim $5,000,000 Aggregate $5,000,000 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. AGENCY CUSTOMER ID: 570000051836 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Southwest, Inc. NAMED INSURED Cardno USA, Inc. POLICY NUMBER See Certificate Number: 570058606601 CARRIER See Certificate Number: 570058606601 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS SIR $250,000 © 2008 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000051836 LOC #: ADDITIONAL REMARK Page AGENCY Aon Risk Services Southwest, Inc. NAMED INSURED Cardno USA, Inc. POLICY NUMBER See Certificate Number: 570058606601 CARRIER See Certificate Number: 570058606601 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance CARDNO NAMED INSURED ATC Group Services, Inc. Cardno EM- Assit, Inc. Cardno Emerging Markets USA, Ltd. Cardno ENTRIX Cardno ERI Cardno GS, Inc. Cardno Haynes Whaley, Inc. Cardno JFNew Cardno MMA Cardno NC, Inc. Cardno TBE (AZ) Cardno TBE (FL) Cardno TBE; TBE Group, Inc. Cardno TEC, Inc. Cardno USA, Inc. Cardno WRG, Inc. Cardno WRG, Inc. dba WRG Designs Inc. Cardno, Inc (OR) Cardno, Inc. (TX) Cardno, Inc. (FL) Cardno PPI Engineering & Construction, Services LLC., PPI Technology Services,LLC., PPI Quality & Asset Management, LLC., and its Affiliated Companies Entrix Inc. dba Cardno Entrix Environmental Resolutions, Inc. J.F. New & Associates, Inc. JFNew Marshall Miller & Associates, Inc. TBE Group (Canada) ULC TBE Group, Inc. (Adden) TBE Group, Inc. dba: Cardno TBE TBE Group, Inc., Cardno TBE TBE Professional Services, PLLC WRG North Carolina PLLC XPSoftware ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "B" PROVISION OF PAYMENT ENGINEER OF RECORD: Cardno, Inc. BASIS FOR PAYMENT The owner shall pay ENGINEER and ENGINEER agrees to accept as full compensation for its services (as established by Work Order) compensation as computed by one of the following methods: Method "A" — Costs Times Multiplier Basis — Compensation in the form of actual costs times a multiplier as determined by the following formula: Actual raw Salary Cost (Hourly Rate) x Multiplier + Subconsultant Cost + Other Direct Costs. Multiplier 3.14 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" — Lump 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 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. Hourly Rates - The estimated hourly rates below represent 2015 costs and categories. Periodic changes are anticipated and modification can be made annually upon City and ENGINEER review. (Note: All rates are hourly salary) Exh. B — Page 1 CITY OF CLEARWATER ENGINEER OF RECORD RFQ 34 -15 2015 DIRECT HOURLY RATES ENGINEER OF RECORD Cardno Inc • J. Exh. B — Page 2 Job Classification Minimum Rate ($ / hour) Typical Maximum Senior Vice President $85 $95 $105 Vice President/Officer -in- Charge $55 $65 $75 Senior Project Manager /Group Manager $45 $55 $60 Project Manager /Associate Principal $45 $50 $60 Construction Manager $45 $55 $65 Construction Engineer $35 $45 $55 Senior Engineer /Scientist $35 $45 $55 Engineer /Scientist (III -IV) $30 $35 $40 Engineer /Scientist (I -III) $25 $30 $35 Planner $20 $30 $40 Landscape Architect $20 $30 $35 Field Technician $20 $30 $40 Senior Designer $25 $35 $45 Drafter /CADD Operator $20 $30 $40 Operations Specialist $30 $40 $50 Fiscal /Accounting $15 $20 $35 Administrative /Clerical $15 $25 $30 T iTT TT /T1TT T TT\T%. .-• . . • J. Exh. B — Page 2 EXHIBIT "C" SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages in business operations in Cuba and Syria. STATE OF pRt 'A COUNTY OF p Au orized Si RASA Prated Maine R. Vscr Titl ature (Pl? Z ° 'id 7 Name of Enti(y /Corporation The ioregoing instrument was acknowledged before me on this $ -ill day of Ici /y , 20 I(, by Sour3 E!L (name of person whose signature is being notarized) as the (title) of C. (name of corporation/entity), personally known to me as described herein x , or produced a (type of identification) as identification, and who did/did not take an oath. ;?o `.� ;� CATHEE L. THORNTON ; I11 , ,? Notary Public - State of Florida o My Comm. Expires Mar 3. 2018 •„ �, , ;. Commission M FF 082263 • 1 r. e NOTARY SEAL ABOVE No,tary Public C rhE c L. Thavorepv Printed Name Exh. C — Page 1