AGREEMENT FOR PROFESSIONAL SERVICES (108)AGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on the day of q,&gf, , 2015
by and between the City of Clearwater, Florida (CITY) and Reiss gineering, Inc.,
(ENGINEER).
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:
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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 Brpwnfield 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
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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 REOUIREMENTS
See Exhibit "A" attached.
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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.
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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 ".
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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.
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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.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date and year first above written.
Countersigned:
— C`9..0r�l� IN Cr tKtS
George N. Cretekos
Mayor
Reiss Engineering, Inc.
By: , .
Print Name: C. obe� rt Reiss, Ph.D, P.E.
Title: President
WITNESS:
By:
Print Nam
Title:
CITY OF CLEARWATER
Jonathan McCarthy
Project Engineer
By:
William B. Horne II
City Manager
Approved as to form and ATTEST:
correctness:
4'
Ma Ile M. S
Assistant City Attorney
By: fel-emu-du (zL
8
Rosemarie Call
City Clerk
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 t ity with certified copies of all applicable policies.
The address where such certif ates and certified policies shall be sent or delivered is r
as follows: on the Commercial General Liability Insurance policy \J
MIL
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- r
renewal, termination, or reduction in coverage.
c. ENGINEER'S insurance as outlined above shall be primary and non - contributory ,1,
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.
CNA
SB- 146932 -E
(Ed. 06/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered
as an additional insured on any other endorsement now or hereafter attached to this Policy.
1. ADDITIONAL INSURED — BLANKET VENDORS
WHO IS AN INSURED is amended to include as an
additional insured any person or organization (referred
to below as vendor) with whom you agreed, because
of a written contract or agreement to provide
insurance, but only with respect to "bodily injury" or
"property damage" arising out of "your products" which
are distributed or sold in the regular course of the
vendor's business, subject to the following additional
exclusions:
1. The insurance afforded the vendor does not apply
to:
a. "Bodily injury" or "property damage" for which
the vendor is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does
not apply to liability for damages that the
vendor would have in the absence of the
contract or agreement;
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the
product made intentionally by the vendor;
d. Repackaging, except when unpacked solely
for the purpose of inspection, demonstration,
testing, or the substitution of parts under
instructions from the manufacturer, and then
repackaged in the original container;
e. Any failure to make such inspections,
adjustments, tests or servicing as the vendor
has agreed to make or normally undertakes to
make in the usual course of business, in
connection with the distribution or sale of the
products;
f. Demonstration, installation, servicing or repair
operations, except such operations performed
at the vendor's premises in connection with
the sale of the product;
Products which, after distribution or sale by
you, have been labeled or relabeled or used
as a container, part or ingredient of any other
thing or substance by or for the vendor; or
h. "Bodily injury" or "property damage" arising
out of the sole negligence of the vendor for its
g.
SB- 146932 -E
(Ed. 06/11)
own acts or omission or those of its
employees or anyone else acting on its
behalf. However, this exclusion does not
apply to:
(1) The exceptions contained in
Subparagraphs d. or f.; or
(2) Such inspections, adjustments, tests or
servicing as the vendor has agreed to
make or normally undertakes to make in
the usual course of business, in
connection with the distribution or sale of
the products.
2. This insurance does not apply to any insured
person or organization, from whom you have
acquired such products, or any ingredient, part or
container, entering into, accompanying or
containing such products.
3. This provision 2. does not apply to any vendor
included as an insured by an endorsement issued
by us and made a part of this Policy.
4. This provision 2. does not apply if "bodily injury" or
"property damage" included within the "products -
completed operations hazard" is excluded either
by the provisions of the Policy or by endorsement.
2. MISCELLANEOUS ADDITIONAL INSUREDS
WHO IS AN INSURED is amended to include as an
insured any person or organization (called additional
insured) described in paragraphs 2.a. through 2.h.
below whom you are required to add as an additional
insured on this policy under a written contract or
agreement but the written contract or agreement must
be:
1. Currently in effect or becoming effective during the
term of this policy; and
2. Executed prior to the "bodily injury," "property
damage" or "personal and advertising injury," but
Only the following persons or organizations are
additional insureds under this endorsement and
coverage provided to such additional insureds is
limited as provided herein:
a. Additional Insured — Your Work
That person or organization for whom you do
work is an additional insured solely for liability
Page 1 of 5
00020005720750956577997
CNA
due to your negligence specifically resulting
from your work for the additional insured
which is the subject of the written contract or
written agreement. No coverage applies to
liability resulting from the sole negligence of
the additional insured.
The insurance provided to the additional
insured is limited as follows:
(1) The Limits of Insurance applicable to the
additional insured are those specified in
the written contract or written agreement
or in the Declarations of this policy,
whichever is less. These Limits of
Insurance are inclusive of, and not in
addition to, the Limits of Insurance shown
in the Declarations.
(2) The coverage provided to the additional
insured by this endorsement and
paragraph F.9. of the definition of "insured
contract" under Liability and Medical
Expenses Definitions do not apply to
"bodily injury" or "property damage"
arising out of the "products- completed
operations hazard" unless required by the
written contract or written agreement.
(3) The insurance provided to the additional
insured does not apply to "bodily injury,"
"property damage," or "personal and
advertising injury" arising out of the
rendering or failure to render any
professional services.
b. State or Political Subdivisions
A state or political subdivision subject to the
following provisions:
(1) This insurance applies only with respect
to the following hazards for which the
state or political subdivision has issued a
permit in connection with premises you
own, rent, or control and to which this
insurance applies:
(a) The existence, maintenance, repair,
construction, erection, or removal of
advertising signs, awnings, canopies,
cellar entrances, coal holes,
driveways, manholes, marquees,
hoistaway openings, sidewalk vaults,
street banners, or decorations and
similar exposures; or
(b) The construction, erection, or
removal of elevators; or
(2) This insurance applies only with respect
to operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
SB- 146932 -E
(Ed. 06/11)
SB- 146932 -E
(Ed. 06/11)
This insurance does not apply to "bodily
injury," "property damage" or "personal and
advertising injury" arising out of operations
performed for the state or municipality.
c. Controlling Interest
Any persons or organizations with a
controlling interest in you but only with respect
to their liability arising out of:
(1) Their financial control of you; or
(2) Premises they own, maintain or control
while you lease or occupy these
premises.
This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for such additional
insured.
d. Managers or Lessors of Premises
A manager or lessor of premises but only with
respect to liability arising out of the ownership,
maintenance or use of that specific part of the
premises leased to you and subject to the
following additional exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place after
you cease to be a tenant in that premises;
or
(2) Structural alterations, new construction or
demolition operations performed by or on
behalf of such additional insured.
e. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver but only
with respect to their liability as mortgagee,
assignee, or receiver and arising out of the
ownership, maintenance, or use of a premises
by you.
This insurance does not apply to structural
alterations, new construction or demolition
operations performed by or for such additional
insured.
f. Owners /Other Interests — Land is Leased
An owner or other interest from whom land
has been leased by you but only with respect
to liability arising out of the ownership,
maintenance or use of that specific part of the
land leased to you and subject to the following
additional exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to lease that land; or
Page 2 of 5
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g.
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
additional insured.
Co -owner of Insured Premises
A co -owner of a premises co-owned by you
and covered under this insurance but only
with respect to the co- owners liability as co-
owner of such premises.
h. Lessor of Equipment
Any person or organization from whom you
lease equipment. Such person or organization
are insureds only with respect to their liability
arising out of the maintenance, operation or
use by you of equipment leased to you by
such person or organization. A person's or
organization's status as an insured under this
endorsement ends when their written contract
or agreement with you for such leased
equipment ends.
With respect to the insurance afforded these
additional insureds, the following additional
exclusions apply:
This insurance does not apply:
(1) To any "occurrence" which takes place
after the equipment lease expires; or
(2) To "bodily injury," "property damage" or
"personal and advertising injury" arising
out of the sole negligence of such
additional insured.
Any insurance provided to an additional insured
designated under paragraphs b. through h. above
does not apply to "bodily injury" or "property
damage" included within the "products- completed
operations hazard."
3. The following is added to Paragraph H. of the
BUSINESSOWNERS COMMON POLICY
CONDITIONS:
H. Other Insurance
4. This insurance is excess over any other
insurance naming the additional insured
as an insured whether primary, excess,
contingent or on any other basis unless a
written contract or written agreement
specifically requires that this insurance be
either primary or primary and
noncontributing.
4. LEGAL LIABILITY — DAMAGE TO PREMISES
A. Under B. Exclusions, 1. Applicable to
Business Liability Coverage, Exclusion k.
SB- 146932 -E
(Ed. 06/11)
SB- 146932 -E
(Ed. 06/11)
Damage To Property, is replaced by the
following:
k. Damage To Property
"Property damage" to:
1. Property you own, rent or occupy,
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any reason, including
prevention of injury to a person or
damage to another's property;
2. Premises you sell, give away or
abandon, if the "property damage"
arises out of any part of those
premises;
3. Property loaned to you;
4. Personal property in the care,
custody or control of the insured;
5. That particular part of any real
property on which you or any
contractors or subcontractors working
directly or indirectly in your behalf are
performing operations, if the "property
damage" arises out of those
operations; or
6. That particular part of any property
that must be restored, repaired or
replaced because "your work" was
incorrectly performed on it.
Paragraph 2 of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you.
Paragraphs 1, 3, and 4, of this exclusion
do not apply to "property damage" (other
than damage by fire or explosion) to
premises:
(1) rented to you:
(2) temporarily occupied by you with the
permission of the owner, or
(3) to the contents of premises rented to
you for a period of 7 or fewer
consecutive days.
A separate limit of insurance applies to
Damage To Premises Rented To You as
described in Section D — Liability and
Medical Expenses Limits of Insurance.
Page 3 of 5
00020005720750956577998
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Paragraphs 3, 4, 5, and 6 of this
exclusion do not apply to liability
assumed under a sidetrack agreement.
Paragraph 6 of this exclusion does not
apply to "property damage" included in
the "products- completed operations
hazard."
B. Under B. Exclusions, 1. Applicable to
Business Liability Coverage, the last
paragraph of 2. Exclusions is deleted and
replaced by the following:
Exclusions c, d, e, f, g, h, i, k, I, m, n, and o,
do not apply to damage by fire to premises
while rented to you or temporarily occupied by
you with permission of the owner or to the
contents of premises rented to you for a
period of 7 or fewer consecutive days. A
separate limit of insurance applies to this
coverage as described in Section D. Liability
And Medical Expenses Limits Of
Insurance.
C. The first Paragraph under item 5. Damage To
Premises Rented To You Limit of Section
D. Liability And Medical Expenses Limits
Of Insurance is replaced by the following:
The most we will pay under Business Liability
for damages because of "property damage"
to any one premises, while rented to you, or
temporarily occupied by you, with the
permission of the owner, including contents of
such premises rented to you for a period of 7
or fewer consecutive days, is the Damage to
Premises Rented to You limit shown in the
Declaration.
5. Blanket Waiver of Subrogation
We waive any right of recovery we may have
against:
a. Any person or organization with whom you
have a written contract that requires such a
waiver.
6. Broad Knowledge of Occurrence
The following items are added to E.
Businessowners General Liability Conditions
in the Businessowners Liability Coverage
Form:
e. Paragraphs a. and b. apply to you or to any
additional insured only when such
"occurrence," offense, claim or "suit" is known
to:
(1) You or any additional insured that is an
individual;
SB- 146932 -E
(Ed. 06/11)
SB- 146932 -E
(Ed. 06/11)
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional insured is
a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you or
an additional insured is a political
subdivision or public entity.
This paragraph e. applies separately to you
and any additional insured.
7. Bodily Injury
Section F. Liability and Medical Expenses
Definitions, item 3. "Bodily Injury" is deleted and
replaced with the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death,
humiliation, shock, mental anguish or mental
injury by that person at any time which results as
a consequence of the bodily injury, sickness or
disease.
8. Expanded Personal and Advertising Injury
Definition
a. The following is added to Section F. Liability
and Medical Expenses Definitions, item 14.
Personal and Advertising Injury, in the
Businessowners General Liability
Coverage Form:
h. Discrimination or humiliation that results in
injury to the feelings or reputation of a natural
person, but only if such discrimination or
humiliation is:
1. Not done intentionally by or at the
direction of:
a. The insured; or
b. Any "executive officer," director,
stockholder, partner, member or
manager (if you are a limited liability
company) of the insured; and
2. Not directly or indirectly related to the
employment, prospective employment,
past employment or termination of
employment of any person or person by
any insured.
b. The following is added to Exclusions, Section
B..
Page 4 of 5
OVA
(15) Discrimination Relating to Room,
Dwelling or Premises
Caused by discrimination directly or
indirectly related to the sale, rental, lease
or sub -lease or prospective sale, rental,
lease or sub -lease of any room, dwelling
or premises by or at the direction of any
insured.
(16) Fines or Penalties
Fines or penalties levied
governmental entity
discrimination.
c. This provision (Expanded
Advertising Injury) does
SB- 146932 -E
(Ed. 06/11)
or imposed by a
because of
Personal and
not apply if
SB- 146932 -E
(Ed. 06/11)
Personal and Advertising Injury Liability is
excluded either by the provisions of the Policy
or by endorsement.
9. Personal and Advertising Injury Re- defined
Section F. Liability and Medical Expenses
Definitions, item 14, Personal Advertising Injury,
Paragraph c. is replaced by the following:
c. The wrongful eviction from, wrongful entry
into, or invasion of the right of private
occupancy of a room dwelling or premises
that a person or organization occupies
committed by or on behalf of its owner,
landlord or lessor.
Page 5 of 5
EXHIBIT `B"
PROVISION OF PAYMENT
ENGINEER OF RECORD: Reiss Engineering, 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 3.26 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: Reiss Engineering Inc.
Job Classification
Minimum
Rate
($ / hour)
Typical
Maximum
Senior Vice President
$85
$93
$100
Vice President/Officer- in- Charge
$78
$84
$95
Senior Project Manager /Group Manager
$51
$64
$85
Project Manager /Associate Principal
$35
$49
$63
Construction Manager
$37
$42
$47
Construction Engineer
$33
$38
$43
Senior Engineer /Scientist
$41
$52
$63
Engineer /Scientist (III -IV)
$38
$43
$47
Engineer /Scientist (I -III)
$24
$32
$40
Planner
-
-
-
Landscape Architect
-
-
-
Field Technician
$19
$24
$32
Senior Designer
$34
$40
$46
Drafter /CADD Operator
$24
$32
$35
Operations Specialist
-
-
-
Fiscal/Accounting
$20
$28
$35
Administrative /Clerical
$14
$19
$25
MULTIPLIER: 3.26
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 aLI- DPr
Authorized Signature
.
v)010(.1(4- ?ties
Printed Name
Prat at n--
Title
MISS engir\- e�rir�) Inc.
Name of Entity / orporation
COUNTY OF S, M 1 Note.
The foregoing instrument was acknowledged before me on this el day of sl , 20 I5, by
C. 9y )lx, (4 P1 I% 3 (name of person whose signature is being notarized) as the
Fri631 WIN" (title) of Vititig t rvtdivv.,{ . (name of corporation/entity),
(refsonalfyknown to melts described herein )( , or produced a (type
of identification) as identification, and who di n
i ot to ce an o
Courtney Jade Van Houten
NOTARY PUBUC
STATE OF FLORIDA
v4461-0" Comm# FF192681
•
•
1 Expir 1/26/2019
My Commission Expires: 11 ?.-(.2 12.01 q
NOTARY SEAL ABOVE
1
otary Public
Cur -i-n6v flack n+1a h
Printed Name