AGREEMENT FOR PROFESSIONAL SERVICES (131)AGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on the (Z144` day of , 2019
by and between the City of Clearwater, Florida (CITY)) and, Driggers Engineering Services 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 #26-19
dated April 18, 2019:
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 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
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2.1.20. Aviation services, including master planning and design of planned improvements
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
Work Order, in accordance with Paragraph 2.2, above. Receipt of
Order shall constitute written notice to proceed.
3.2 If the ENGINEER' s services called for under any Work Order are
beyond the ENGINEER's control, the time of performance
appropriate.
executed copy of each
a fully executed Work
delayed for reasons
shall be adjusted as
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, 08/01/2019 ("Effective Date"), 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. Should the ENGINEER be in the process of completing work under this
Agreement at the Termination Date, this Agreement shall continue with all terms,
conditions and obligations being in full force and effect until such time as the work is
completed. All provisions expressly intended to survive termination shall do so.
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4.0 INSURANCE REQUIREMENTS
See pages 11-13.
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 and mapping, 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 to the CITY 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.
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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.
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:
IF THE ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE ENGINEER'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave.,
Clearwater, FL 33756.
The Engineer's agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter "public
agency") to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided for in
Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise
provided by law.
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c) Ensure that the public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the public agency.
d) Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the contractor or keep and maintain public records required by
the public agency to perform the service. If the contractor transfers all public records to
the public agency upon completion of the contract, the contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
e) A request to inspect or copy public records relating to a public agency's contract for
services must be made directly to the public agency. If the public agency does not
possess the requested records, the public agency shall immediately notify the contractor
of the request and the contractor must provide the records to the public agency or allow
the records to be inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply
with the public agency's request for records, the public agency shall enforce the contract
provisions in accordance with the contract.
g)
A contractor who fails to provide the public records to the public agency within a
reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records
relating to a public agency's contract for services, the court shall assess and award
against the contractor the reasonable costs of enforcement, including reasonable attorney
fees, if:
1. The court determines that the contractor unlawfully refused to comply with the
public records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor has
not complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of
public records and to the contractor at the contractor's address listed on its contract with
the public agency or to the contractor's registered agent. Such notices must be sent by
common carrier delivery service or by registered, Global Express Guaranteed, or certified
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mail, with postage or shipping paid by the sender and with evidence of delivery, which
may be in an electronic format.
A contractor who complies with a public records request within 8 business days after the
notice is sent is not liable for the reasonable costs of enforcement.
6.12 The ENGINEER and the CITY, in consideration of the promises and risks undertaken,
hereby agree to fulfill all duties and obligations of this Agreement in good faith and fair
dealing, and shall cooperate in all respects, including, but not limited to, participating as
needed in the defense of any and all claims or lawsuits initiated against either party
hereunder. Notwithstanding any provision herein to the contrary, the paragraph shall not
be construed as a waiver of any immunity to which CITY is entitled or the extent of any
limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision
is not intended to nor shall it be interpreted as limiting or in any way affecting any
defense CITY may have under § 768.28, Florida Statutes or as consent to be sued by third
parties. The obligations under this paragraph shall expressly survive termination or
expiration of this Agreement.
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 and as provided for below. An hourly rate schedule and typical methods of
compensation are attached hereto as pages 14-15.
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 in accordance with the
Florida Local Government Prompt Payment Act, F.S. section 218.70 et. seq. 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
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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.
12.0 PUBLIC ENTITY CRIMES
Pursuant to Florida Statute sections 287.132-287.133, 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 The ENGINEER will be required to comply with Section 287.135, Florida Statutes,
specifically to comply with the following and execute forms as reflected on pages 16
and 17 (attached hereto and incorporated herein by reference):
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA
AND SYRIA
(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
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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.
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST
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 that Boycott Israel List, or engaged in a
boycott of Israel; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is
eligible to participate in this solicitation and is not listed on the Scrutinized
Companies that Boycott Israel List, or engaged in a boycott of Israel; and
3. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating
business activities, or taking other actions to limit commercial relations with
Israel, or persons or entities doing business in Israel or in Israeli -controlled
territories, in a discriminatory manner. A statement by a company that it is
participating in a boycott of Israel, or that it has initiated a boycott in response to
a request for a boycott of Israel or in compliance with, or in furtherance of, calls
for a boycott of Israel, may be considered as evidence that a company is
participating in a boycott of Israel; 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 that Boycott Israel List, or
engaged in a boycott of Israel.
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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:
— OttOrlCe\Cr ( 42j
George N. Cretekos
Mayor
Approved as to form a*d-
Firm Name: Driggers Engineering Services Inc.
By:
Prig€
Title:
WITNES
By:
F. Jaime Driggers
President
Print Name. effry A. Driggers
Title: Vice President
CITY OF CLEARWATER
By:
1A,./A-4,4„,
William B. Horne II
City Manager
ATTEST:
By: 11
Laura Mahony (Jo j : Rosemarie Call
Assistant City Attorney
[GM 12-1313-060/231204/ 1 ]
City Clerk
Page 10
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 section) 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 section)
is defined to mean the other person or entity which is a party to this 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
section) 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 section) 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.
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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.
[GM12-1313-060/231204/1] Page 12
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 #26-19
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.
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PROVISION OF PAYMENT
ENGINEER OF RECORD: FIRM NAME: Driggers Engineering Services 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" — Hourly Rate —
Compensation in the form of burdened hourly rates.
Burdened (direct + indirect) Hourly Rate + Subconsultant Cost + Other Direct Costs.
Direct cost includes labor hourly rate. Indirect costs include fringe benefit rate, overhead, operating
margin and profit.
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.
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 2019 costs and categories. Periodic changes are
anticipated, and modifications may be made annually in writing to the City for review and
approval.
[GM12-1313-060/231204/1] Page 14
CITY OF CLEARWATER ENGINEER OF RECORD, RFQ #26-19
8/1/19 to 7/31/23
ENGINEER OF RECORD: FIRM NAME: Driggers Engineering Services Inc.
Job Classification
Burdened Hourly Rate
Senior Vice President
Vice President/Officer-in-Charge
$ 18 5
.0 0
Senior Project Manager/Group Manager
$ 16 0
.0 0
Project Manager/Associate Principal
Senior Engineer/Senior Scientist
Engineer/Scientist (III-IV)
Engineer/Scientist (I -III)
Engineer Intern
Construction Engineer
Construction Administrator/Manager
$ 13 0
.0 0
Landscape Architect
Senior Inspector
Inspector
Senior Designer
Drafter/CADD Operator
$ 7 5
.0 0
Operations Specialist
Field Technician
$ 6 0
.0 0
Fiscal/Accounting
Administrative/Clerical
$60.00
[GM 12-1313-060/231204/ 1 ]
Page 15
See Attached Unit Fee Schedule
2019
City of Clearwater
Geotechnical and Materials Testing and Inspection Services
Fee Schedule
GEOTECHNICAL SERVICES
1.0 ENGINEERING AND PROFESSIONAL SERVICES
ITEM
DESCRIPTION
UNIT
FEE
1.1
Senior Engineer (P.E.)
160.00/Hr.
1.2
Principal Engineer (P.E.)
185.00/Hr.
1.3
CADD Operator
75.00/Hr.
1.4
Clerical
60.00/Hr.
1.5
Laboratory Director
130.00/Hr.
DESI - City of Clearwater 2019
1
2.0 DRILLING SERVICES
ITEM
DESCRIPTION
UNIT
FEE
2.1
Mobilization and Demobilization of 3 -Man Crew (readily
accessible to truck -mounted drilling equipment)
$350.00 LS
2.2
Mobilization and Demobilization of 3 -Man Crew (swamp, barge
Quoted Upon
or difficult access)
Request
2.3
Crew Time (3 -man crew, drilling and support vehicles) for
235.00/Hr.
Special Drilling, Sampling, Monitor Well Installation or Land,
etc. (minimum 8 hours per day)
2.3.1
Cost + 15%
Miscellaneous Materials, Bits, Equipment Rental,
Supplies, etc.
2.4
Crew Time (3 -man crew and drilling equipment on water
330.00/Hr.
[minimum 8 hours per day])
2.4.1 Portable Self -Propelled Barge and Work Boat
900.00/Day
2.4.2 Barge and Tug (ocean-going)
Cost + 15%
2.4.3 Miscellaneous Materials, Bits, Equipment Rental,
Supplies, etc.
Cost + 15%
2.5
Standard Penetration Test Borings (ASTM D-1586, split -spoon
sampling; Standard Truck -Mounted Drill Unit)
2.5.10-50 Feet
i. Soil
14.00/LF
ii. Rock
16.00/LF
iii. Cemented Soil (N>50)
16.00/LF
2.5.2 50-100 Feet
i. Soil
16.00/LF
ii. Rock
18.00/LF
iii. Cemented Soil (N>50)
18.00/LF
2.5.3100-150 Feet
i. Soil
20.00/LF
ii. Rock
23.00/LF
iii. Cemented Soil (N>50)
23.00/LF
2.5.4150-200 Feet
i. Soil
28.00/LF
ii. Rock
33.00/LF
iii. Cemented Soil (N>50)
33.00/LF
DESI - City of Clearwater 2019
2
2.0 DRILLING SERVICES
(Continued)
UNIT
ITEM
DESCRIPTION
FEE
2.6
Track -Mounted Drill Unit
2.6.1 0-50 Feet
i. Soil
$ 17.00/LF
ii. Rock
19.25/LF
iii. Cemented Soil (N>50)
19.25/LF
2.6.2 50-100 Feet
i. Soil
19.25/LF
ii. Rock
22.25/LF
iii. Cemented Soil (N>50)
22.25/LF
2.7
Tripod or Limited Access Drill Unit Equipment (3 -man crew
and equipment [minimum 8 hours per day])
225.00/Hr.
2.8
Undisturbed Sampling in Conjunction with Boring (3" O.D.
125.00 Ea.
Shelby tube samples)
2.9
Grouting of Boreholes per SWFWMD Regulations
5.00/LF
2.10
Rock Coring
2.10.1 NX Size (approximately 21/a")
45.00/LF
2.10.2 2.5" Diameter
60.00/LF
2.11
Temporary Casing (only if needed)
2.11.1 4"
7.00/LF
2.11.2 6"
10.00/LF
2.12
Patch Borehole in Asphalt or Concrete
60.00 Ea.
DESI - City of Clearwater 2019
3
3.0 FIELD SERVICES
ITEM
DESCRIPTION
UNIT
FEE
3.1
Double -Ring Infiltration Test (local and depth _<3 feet [ASTM
D-3385])
3.1.1 Depth greater than 3 feet to be negotiated based on
depth requirements
$ 475.00 Ea.
3.2
Hand Auger Boring
10.00/LF
3.3
Hand Cone Penetrometer
4.00/LF.
4.0 LABORATORY GEOTECHNICAL TESTING
ITEM
DESCRIPTION
UNIT
FEE
4.1
Consolidation Test
$ 350.00 Ea.
4.2
Laboratory Permeability on Sand (ASTM D-2434-74)
175.00 Ea.
4.3
Unconfined Compression Test
125.00 Ea.
4.4
Grainsize Analysis (ASTM D-422-92)
35.00 Ea.
4.5
Atterberg Limit (plastic and liquid [ASTM D-43-18-87])
70.00 Ea.
4.6
Organic Content (FM 1T-267)
35.00 Ea.
4.7
Specific Gravity of Soil (ASTM D-854-92)
30.00 Ea.
4.8
Hydrometer of Soil (ASTM D-422-92)
135.00 Ea.
DESI - City of Clearwater 2019
4
4.0 LABORATORY GEOTECHNICAL TESTING
(Continued)
ITEM
DESCRIPTION
UNIT
FEE
4.9
Constant Head Permeability (ASTM D-2434-74)
$ 175.00 Ea.
4.10
Permeability with Back Pressure Saturation (ASTM D-5084-90)
375.00 Ea.
4.11
Corrosivity Series (resistance, pH, SO4, CL [FDOT method])
250.00 Ea.
4.12
Field Sampling of Materials
60.00/Hr.
5.0 SOILS
ITEM
DESCRIPTION
UNIT
FEE
5.1
Laboratory Proctor Test (Standard ASTM D698 or Modified
ASTM D1557)
$ 100.00 Ea.
5.2
Field Density Test
(Sand Cone ASTM D1556 or Nuclear ASTM D2922
Densitometer)
Minimum Charge - $60.00 Per Trip
22.00 Ea.
5.3
Full -Time Senior Geotechnical Inspection
Minimum Charge - Eight (8) Hours Per Day
60.00/Hr.
5.4
Limerock Bearing Ratio (FM 5-515)
275.00 Ea.
5.5
Base or Subgrade Thickness Determination in
Conjunction with Density Test
5.00 Ea.
5.6
Turbidity Test (NTU) (Plus Sampling Time)
20.00 Ea.
5.7
Limerock Analysis
(Carbonates of Calcium and Magnesium) (FM 5-514)
65.00 Ea.
5.8
pH Determination (ASTM G-51-77) Corrosion
5.14.1 pH Determination (ASTM D4972) Agricultural
25.00 Ea.
35.00 Ea.
DESI - City of Clearwater 2019
5
6.0 CONCRETE
ITEM
DESCRIPTION
UNIT
FEE
6.1
Cylinder Preparation (ASTM C31) of Fresh Concrete and
Pick -Up includes Slump Test (ASTM C143) Temperature
(ASTM C-1064) and All Pertinent Field Data
55.00/Hr.
6.2
Laboratory Compression Testing
11.00 Ea.
15.00 Ea.
15.00 Ea.
6"x12" Cylinders
3 "x3 "x6" Prisms
2"x2" Cubes
6.3
Air Content of Fresh Concrete (ASTM C173 or C231)
15.00 Ea.
6.4
Beam Preparation (ASTM C31) of Fresh Concrete and
Pick -Up - Includes Slump Test (ASTM C143) Temperature
(ASTM C 1064) and All Pertinent Data
55.00/Hr.
6.5
Laboratory Flexural Strength of Molded Beams (ASTM C78)
25.00 Ea.
6.6
Rebound Number (Schmidt Hammer) of Hardened Concrete
(ASTM C805)
65.00/Hr.
6.7
Coring of Hardened Concrete (ASTM C42)
6.9.1 Additional Diamond Bit Charge
D = Core Diameter in Inches
LI = Core Length in Lineal Inches
75.00/Hr.
D x 2.00/LI
6.8
Laboratory Compression of Concrete Cores (ASTM C39)
25.00 Ea.
DESI - City of Clearwater 2019
6
7.0 AGGREGATE TESTING
ITEM
DESCRIPTION
UNIT
FEE
7.1
Gradation of Fine Aggregate (ASTM C136)
$ 30.00 Ea.
7.2
Gradation of Coarse Aggregate (ASTM C136)
45.00 Ea.
7.3
Specific Gravity and Absorption of Fine Aggregate
(ASTM C128)
45.00 Ea.
7.4
Specific Gravity and Absorption of Coarse Aggregate
(ASTM C 127)
45.00 Ea.
7.5
Los Angeles Abrasion
150.00 Ea.
7.6
Soundness of Aggregate Sodium Sulfate or Magnesium
Sulfate (ASTM C88)
225.00 Ea.
7.7
Dry Rodded Unit Weight of Fine or Coarse Aggregate
(ASTM C29)
45.00 Ea.
7.8
Field Sampling for Laboratory Tests
60.00/Hr.
DESI - City of Clearwater 2019
7
8.0 SOIL -CEMENT
ITEM
DESCRIPTION
UNIT
FEE
8.1
Soil -Cement Design (P.C.A. or F.D.O.T. Method) - Includes
$ 450.00 Ea.
Grainsize Analyses, proctor Curves, Specimen Compression
and Recommended Cement Content
8.2
Field Inspection during Processing of Plant Produced
60.00/Hr.
Placement - Includes Field Proctor, Density, Thickness and
Cement Spread, If Applicable
8.3
Laboratory Compression of Field Molded Specimens
12.00 Ea.
8.4
Laboratory Compression of Field Hardened Cores
25.00 Ea.
8.5
Soil -Cement Coring
8.5.1 Technician Time and Equipment
65.00/Hr.
8.5.2 Core Bit Charge
2.00/LI
8.5.3 Thickness Determination
5.00 Ea.
8.5.4 Repair of Core Hole
5.00 Ea.
8.6
Field Sampling of Raw Materials for Laboratory Design
60.00/Hr.
DESI - City of Clearwater 2019
8
9.0 ASPHALT
ITEM
DESCRIPTION
UNIT
FEE
9.1
Asphalt Design
9.1.1 F.D.O.T. with Three Bitumen Contents
9.1.2 F.A.A. Design with Four Bitumen Contents
$ 900.00 Ea.
1,500.00 Ea.
9.2
Asphalt Plant Inspection
9.2.1 Senior Technician Inspector
65.00/Hr.
9.3
Field Inspection during Paving Activities
9.3.1 Senior Technician Inspector
65.00/Hr.
9.4
Laboratory Extraction and Gradation (FM IT -164 and
FM IT -030)
110.00 Ea.
9.5
Marshall Stability and Properties (FM 5-511)
90.00 Ea.
9.6
Asphalt Coring
9.6.1 Technician Time and Equipment
9.6.2 Additional Diamond Bit Charge
9.6.3 Repair of Core Hole
65.00/Hr.
2.00/LI
8.00 Ea.
9.7
Laboratory Preparation of Field Paving Cores
5.00 Ea.
9.8
Laboratory Density of Field Paving Cores (FM IT -166)
12.00 Ea.
9.9
Laboratory Thickness of Field Paving Cores
7.50 Ea.
9.10
Field Sampling for Laboratory Tests
55.00/Hr.
9.11
Rice Gravity
50.00/Hr.
9.12
Gyratory Compaction
200.00 Ea.
DESI - City of Clearwater 2019
9
10.0 PILING INSPECTION
ITEM
DESCRIPTION
UNIT
FEE
10.1
Inspection of Auger -Cast, Drilled Shaft or Driven Pile
(Minimum Charge of 8 Hours Per Day)
$ 65.00/Hr.
10.2
Pile Compressive Load Test (ASTM D1143)*
*.
10.3
Pile Tensile Load Test (ASTM D3689)*
*
*Quoted Based on Project Requirements
DESI - City of Clearwater 2019 10
NOTES
1.
Services required by client on an overtime basis (in excess of 8 hours per day,
Saturday, Sunday or Holidays) will be charged the quoted rate x 1.2.
2.
Fees for other services provided by DRIGGERS ENGINEERING
SERVICES, INC. will be supplied upon request.
3.
All hourly rates are charged portal to portal.
4.
Four (4) report copies will be provided by DRIGGERS ENGINEERING
SERVICES, INC. Additional copies will be charged at a rate of Cost + 15%.
5.
Any equipment rental will be charged at Cost + 15%.
6.
Out-of-town expenses, should they be required, will be billed at Cost + 15%.
7.
All prices are effective for one (1) year and are subject to renegotiation at that
time.
8.
In-place field density testing is performed with a minimum of $60.00 per trip.
9.
All facsimile transmissions $1.00 per page.
DESI - City of Clearwater 2019
11
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.
•..� • nature
Jaime Driggers
Print - d Name
President
Title
Driggers Engineering Services, Inc.
Name of Entity/Corporation
STATE OF rk j
COUNTY OF � ()(1 \c -S
The foregoing instrument was acknowledged before me on this / —7 day of j%\(-,
20 / 4' , by F3 c. ,�r c co! (name of person whose signature is
being notarized) as the Ore 5, 3n . ; (title) of Dr, �� net—, e.S S
(name of corporation/entity), personally known to me as described here , or produced a
(type of identification) as identification, and who did/did not take an
oath.
AMBER OLESEN RAWLINSON
MY COMMISSION # GG129675
EXPIRES: September 09, 2021
My Commission Expires: 05- 1
NOTARY SEAL ABOVE
Nota Public
Printed Name
[GM12-1313-060/231204/1] Page 16
% \.
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION
FORM
PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED
WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED, MAY
DEEM YOUR SUBMITTAL NONRESPONSIVE.
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
that Boycott Israel List, or engaged in a boycott of Israel; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in
this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in
a boycott of Israel; and
3. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or
taking other actions to limit commercial relations with Israel, or persons or entities doing business in
Israel or in Israeli -controlled territories, in a discriminatory manner. A statement by a company that it
is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a
boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be
considered as evidence that a company is participating in a boycott of Israel; 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 that Boycott Israel
List, or engaged in a boycott of Israel.
STATE OF Fkr , d (—
COUNTY OF !/ Y? 1 I c j
40,
• tiret lgnature
Jaime Driggers
Printed Name
President
Title
Driggers Engineering Services, Inc.
Name of Entity/Corporation
The foregoing instrument was acknowledged before me on this / -% day of 5 ,ty ,
20 / 0 , b c . , i) ; c _ (name of person whose signature is being notarized)
as the 1 t -e , v zti-; (t' a k. S E u
,, SC-,; , t eS (name of
corporation/entity), personally known to me as descrieel herein ✓ , or produced a
(type of identification) as identification, and who did/did not take an oath.
Not ry Public
/Yl �
01 ,,`)1 n,4, n
Printed Name
My Commission Expires: C.) c"4
NOTARY SEAL ABOVE
[GM 12-1313-060/231204/ 1 ] Page 17