2001-069 Engineering Consultant Services AgreementRESOLUTION 69-2001
A KIsSOLU7'ION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
I31sACI I, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK
7'O ENTF,R INTO A CONTINUING CONTRACT WITH POST, BUCKLEY, SCHUH &
,IERNIGAN, INC., D/B/A PBS&J ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS
}~OR 7'IIE PURPOSE OF SECURING PROFESSIONAL ENGINEERING CONSULTANT
Sf;RVICES FOR THE VILLAGE; AND, PROVIDING FOR AN EFFECTIVE DATE.
Bl; IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council ofthe Village of North Palm Beach, Florida, does hereby approve
the continuing contract with Post, Buckley, Schuh & Jernigan, Inc. d/b/a PBS&J attached as
I;xhibil "A" which agreement is for the purpose of securing professional engineering consultant
services for the Village.
Section 2. 7'he Mayor and Village Clerk are hereby authorized and directed to execute the
continuing contract with Post, Buckley, Schuh & Jernigan, Inc., set forth in Exhibit "A" for and on
behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect sixty (60) days from its adoption.
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• A
PASSED AND ADOPTED THIS 23rd DAY OF AUGUST. 2001.
CONTINUING CONTRACT
• BETWEEN THE VILLAGE OF NORTH PALM BEACH
AND
POST, BUCKLEY, SCHUH & JERNIGAN, INC. (DBA PBS&.n
THIS CONTRACT, made this ~ day of Auoust , 2001, by and between the Village
of North Palm Beach, a municipal corporation of the State of Florida, hereinafter designated as "the
VILLAGE", and Post, Buckley, Schuh & Jernigan, Inc. (dba PBS&J), 3222 Commerce Place, Suite
`A', West Palm Beach, Florida, a State of Florida corporation, FEID Number 59-0896138,
hereinafter designated as "the CONSULTANT."
WITNESSETH THAT:
WHEREAS, the VILLAGE is a municipality with those powers and responsibilities
enumerated by Chapter 166 Florida Statutes and the Florida Constitution; and
WHEREAS, the VILLAGE is empowered to enter into contractual arrangements with public
agencies, private corporations or other persons, pursuant to Florida Statutes; and
WHEREAS, the VILLAGE desires the services of a qualified and experienced
CONSULTANT to provide professional engineering consultant services; and
WHEREAS, the VILLAGE has publicly announced its desire to secure a continuing contract
to provide professional engineering consultant services and has solicited proposals from qualified
engineering firms pursuant to Section 287.055, F.S., the Consultants Competitive Negotiation Act;
and ;
WHEREAS, the CONSULTANT has responded to the VILLAGE'S solicitation of proposals
and the CONSULTANT is qualified and willing to provide said services; and
WHEREAS, the VILLAGE Council has determined that the CONSULTANT can provide
professional engineering consultant services to the VILLAGE in the most cost effective and efficient
manner; and
WHEREAS, the VILLAGE and the CONSULTANT hereby enter into this CONTRACT to
establish the legal obligations of the parties; and
WHEREAS, the VILLAGE has budgeted funds in its current fiscal yeaz budget which are
available for the funding of each Work Order under this CONTRACT; and
WHEREAS, the CONSULTANT shall submit to the VILLAGE a detailed Work Order for
• each project for the VILLAGE'S approval prior to commencement of work; and
NOW THEREFORE, the VILLAGE and the CONSULTANT in consideration of the benefits
• flowing from each to the other do hereby agree as follows:
STATEMENT OF WORK
1.1 The CONSULTANT shall, to the satisfaction of the VILLAGE, fully and timely
provide services as requested within the general scope of professional engineering
consultant services. A general Statement of Work is attached as "Exhibit A" to this
CONTRACT. However, the projects' specific scope of these services shall be
detailed in individual Work Orders to this CONTRACT. The Work Orders may be
lump sum, time and material, or a combination of both, at the option of the
VILLAGE. The VILLAGE specifically reserves the right to determine whether a
specific task is within the scope of work to be provided by the CONSULTANT and,
further reserves the right to seek the services of other consultants. CONSULTANT
understands and acknowledges that this CONTRACT does not in any way
whatsoever obligate the VILLAGE to provide CONSULTANT with any minimum
or guaranteed amount of work. The parties also agree and understand that funding
for any Work Orders to this CONTRACT may be subject to Village Council
budgeting and approval.
This contract for professional services includes projects in which construction costs
do not exceed $500,000.00 and for study activity when the fee for such professional
services does not exceed $25,000.00.
TERM
2.1 The term of this CONTRACT is for seven (7) years unless there is a termination as
set forth in this CONTRACT. The period of performance of each Work Order shall
commence on the effective date of the Notice to Proceed and continue until the
completion of all contractual obligations by the parties for the Work Order.
2.2 The parties agree that time is of the essence in the performance of each and every
obligation under this CONTRACT.
3. CONSIDERATION
3.1 As consideration for providing the services which shall be required by this
CONTRACT and any subsequent Work Orders, the VILLAGE shall pay the
CONSULTANT a mutually agreed upon or not to exceed lump sum dollar amount
for each executed Work Order. CONSULTANT shall prepare detailed cost proposals
for each proposed Work Order, to be used for negotiating purposes only, using the
"Basis For Compensation Rates and Schedules," attached hereto as "Exhibit B," and
• made a part of this CONTRACT. CONSULTANT shall include an outline of
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estimated subcontractor direct costs in such cost proposals.
• The agreed upon not to exceed dollar amount for each Work Order shall be the
exclusive basis for reimbursement to CONSULTANT and shall include all
CONSULTANT'S fees and costs. The mutually agreed upon not to exceed amount
shall be the basis for time and materials based Work Orders.
With approval of the Village Council, the Work Order can be a lump sum amount not
based on time and materials.
3.2 CONSULTANT agrees that the hourly rates, attached as part of "Exhibit B" attached
hereto, shall remain in effect for a period of one (1) year from the date of
CONTRACT execution.
Commencing one (1) year from the effective date of this CONTRACT and
continuing on the same day of each consecutive year thereafter during its term, the
hourly rates set forth in "Exhibit B" shall be increased based on the Consumer Price
Index of the Division of Statistics, Department of Labor. Any change in the hourly
rate shall be rounded to the nearest $1.00.
CONSULTANT shall promptly furnish VILLAGE with written notification of any
increase in hourly rates set forth in Exhibit "B" based on the Consumer Price Index
of the Division of Statistics, Department of Labor.
CONSULTANT shall notify VILLAGE of these hourly rate changes and provide an
updated "Exhibit B."
3.3 Pursuant to Section 287.055(5)(a), Florida Statutes, the signature of this CONTRACT
by an authorized signature of CONSULTANT serves as the execution of a truth-in-
negotiation certificate stating that wage rates and other factual unit costs supporting
the consideration aze accurate, complete, and current at the time of contracting. The
CONSULTANT agrees that the VILLAGE may adjust the consideration for this
CONTACT to exclude any significant sums by which the consideration was
increased due to inaccurate, incomplete, or non-current wage rates and other actual
unit costs. The VILLAGE may make any such adjustment up to one (1) year
following the termination of this CONTRACT.
4. EQUAL OPPORTUNITY/MBE PARTICIPATION
4.1 The CONSULTANT hereby assures that no person shall be discriminated against on
the grounds of race, color, creed, national origin, handicap, age, or sex, in any
activity under this CONTRACT. The CONSULTANT shall take all measures
. necessary to effectuate these assurances.
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• 4.2 The VILLAGE encourages the participation of minority owned, and women owned
business enterprises in the VILLAGE'S procurement and contracting activity. The
CONSULTANT shall take all necessary and reasonable steps to ensure that women
and minority business enterprises (W/MBE) have the opportunity to compete for and
perform work related to this CONTRACT.
INVOICING AND PAYMENT
S.1 The CONSULTANT'S invoices shall reference the VILLAGE'S Contract Number
(Purchase Order) and shall be sent to the following address:
Office of Village Manager
SO1 U.S. #1
North Palm Beach, FL. 33408
S.2 The VILLAGE shall pay the full amount of the invoice within thirty (30) days of
receipt and acceptance of the work by the project manager, provided the
CONSULTANT has performed the work according to the terms and conditions of
this CONTRACT.
6. INDEMNIFICATION AND INSURANCE
6.1 For One Hundred Dollars ($100.00) consideration, the sufficiency of which is
acknowledged, payable as part of and included in the first payment hereunder, the
CONSULTANT shall indemnify, save, and hold the VILLAGE, and employees,
Council Members, officers and agents of the VILLAGE harmless from damages,
losses, liabilities, expenses, costs, and attorney's fees resulting from any negligent act
or omission, or the violation of any federal, state, or local law or regulation, by the
CONSULTANT, or its employees in connection with this CONTRACT. The
CONSULTANT further acknowledges that it is solely responsible for ensuring its
compliance and the compliance of its subcontractors, agents, assigns, and employees
with the terms of this CONTRACT.
6.2 The CONSULTANT shall procure and maintain, through the temt of this
CONTRACT, insurance coverage reflecting, at a minimum, the limits and coverage
conditions identified on the attached "Exhibit C", and made a part of this
CONTRACT. The insurance limits and coverage conditions identified require first
dollaz coverage. The VILLAGE shall be named as an "additional insured" under the
General and Automobile insurance. The coverage required shall extend to all
employees and subcontractors of the CONSULTANT.
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The CONSULTANT shall provide the VILLAGE insurance certificates, as proof of
• insurance prior to the commencement of any performance by the CONSULTANT.
The CONSULTANT shall notify the VILLAGE at least thirty (30) days prior to
cancellation or modification of any insurance policy and certificate required under
this CONTRACT. The failure to provide the VILLAGE with proof of insurance or
the cancellation of any insurance policy during the term of this CONTRACT shall
be cause for the VILLAGE'S termination of the CONTRACT.
7. TERMINATION/REMEDIES
7.1 Notwithstanding any other provisions as to termination contained within this
CONTRACT, either parry may terminate the CONTRACT with or without cause
upon thirty (30) days advance written notice to the other party. If CONSULTANT
has not been paid in accordance with the terms of this CONTRACT, CONSULTANT
shall have the right to give a written notice to VILLAGE of work suspension and
shall thereafter have the right to suspend work within ten (10) days and until such
time as payment shall be made.
7.2 The VILLAGE may terminate the performance of work under this CONTRACT in
accordance with this clause in whole, or from time to time in part, whenever the
VILLAGE shall determine that such termination is in the best interest of the
VILLAGE. Any such termination shall be effected by delivery to the
CONSULTANT of a written Notice of Termination specifying the extent to which
performance of work under the CONTRACT is terminated, and the date upon which
such termination becomes effective.
In the event of termination, the VILLAGE shall compensate the CONSULTANT for
all authorized and accepted work performed through the termination date. The
VILLAGE shall be relieved of any and all future obligations hereunder, including but
not limited to lost profits and consequential damages, under this CONTRACT. The
VILLAGE may withhold all payments to the CONSULTANT for such work until
such time as the VILLAGE determines the exact amount due to the CONSULTANT.
7.3 If either party initiate's legal action, including appeals, to enforce this CONTRACT,
the prevailing party shall be entitled to recover reasonable attorney's fee and all
taxable costs of litigation, both at the trial and appellate level.
7.4 In the event a dispute arises which both parties cannot resolve between themselves,
the parties may agree to submit the dispute tonon-binding mediation. The mediator
or mediators shall be certified mediators and shall be selected by the parties, and the
cost of the mediation shall be borne equally by the parties. The mediation process
shall be confidential to the extent permitted by law.
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8. STANDARDS OF COMPLIANCE
8.1 The CONSULTANT, its employees, subcontractors or assigns, shall comply with all
applicable federal, state, and local laws and regulation relating to the performance of
this CONTRACT. The VILLAGE undertakes no duty to ensure such compliance,
but will attempt to advise the CONSULTANT, upon request, as to any such laws of
which it has present knowledge.
8.2 The CONSULTANT, by its execution of this CONTRACT, acknowledges and attests
that, neither the employees of CONSULTANT nor any of its suppliers,
subcontractors or affiliates who shall perform work which is intended to benefit the
VILLAGE, has been convicted of any public entity crime pursuant to Section
287.133, Florida Statutes, or, if any such person, entity or affiliate was convicted of
a public entity crime, a period longer than thirty-six (36) months has passed since any
such person, entity or affiliate was placed on a convicted vendor list. The
CONSULTANT further understands and acknowledges by its execution of this
CONTRACT, that this CONTRACT shall be null and void, and/or that this
CONTRACT is subject to immediate termination by the VILLAGE, for any
misstatement or lack of compliance with the mandates of said statute. The
VILLAGE, in the event of such termination, shall not incur any liability to the
CONSULTANT for any work or materials furnished.
8.3 The CONSULTANT shall not be exempted from paying Florida sales and use taxes
to the appropriate governmental agencies or for payment by the CONSULTANT to
suppliers for taxes on materials used to fulfill its contractual obligations with the
VILLAGE. The CONSULTANT shall be responsible and liable for the payment of
all of its FICA/Social Security and other taxes resulting from this CONTRACT.
8.4 Pursuant to Section 287.055(6), Florida Statutes, the CONSULTANT warrants that
it has not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this
CONTRACT. Further the CONSULTANT warrants that it has not paid or agreed
to pay any person, company, corporation, individual, or firm other than a bona fide
employee working solely for the CONSULTANT, any fee, commission, percentage,
gift, or other consideration contingent upon or resulting from the awarding or making
of this CONTRACT. For breach or violation of this provision, the VILLAGE may
terminate this CONTRACT without liability and, at its discretion, deduct or
otherwise recover the full amount of such fee, commission, percentage, gift, or other
consideration.
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9. RELATIONSHIP BETWEEN THE PARTIES
• 9.1 The CONSULTANT is an independent contractor and is not an employee or agent
of the VILLAGE. Nothing in this CONTRACT shall be interpreted to establish any
relationship other than that of an independent contractor, between the VILLAGE and
the CONSULTANT, its employees, agents; subcontractors, or assigns, during or after
the performance of this CONTRACT. The CONSULTANT is free to provide similaz
services for others.
9.2 The CONSULTANT shall not assign, delegate, or otherwise transfer its rights and
obligations as set forth in this CONTRACT without the prior written consent of the
VILLAGE. Any attempted assignment in violation of this provision shall be void.
9.3 The CONSULTANT shall not pledge the VILLAGE'S credit or make the VILLAGE
a guazantor of payment or surety for any contract, debt, obligation. judgement, lien,
or any form of indebtedness.
]0. RECORDS RETENTION/OWNERSHIP/AUDIT
10.1 The CONSULTANT understands that all documents produced by CONSULTANT
pursuant to this CONTRACT aze public records and CONSULTANT must permit
the inspection and copying of all public records and must maintain all public records
pursuant to Chapter 119, Florida Statutes. The CONSULTANT shall permit the
VILLAGE or its designated agent to inspect all records maintained by
CONSULTANT which are produced pursuant to this CONTRACT at the location
where they aze kept upon reasonable notice.
10.2 The VILLAGE has not performed apre-audit of the CONSULTANT'S or
subcontractors financial and/or accounting records to verify actual or average direct
labor payroll rates or verify the general overhead factor and profit mazgin. However,
the CONSULTANT shall permit the VILLAGE or its designated agent to inspect
such records at the location where they are kept upon reasonable notice.
Furthermore, the VILLAGE shall have the right to audit the CONSULTANT'S and
subcontractor's financial and accounting records, in accordance with generally
accepted governmental auditing standards, upon written request and up to one (1)
year after termination of this CONTRACT. This audit may be performed by the
VILLAGE or a designated agent.
10.3 All documents, including, but not limited to, technical reports, research notes,
scientific data and computer programs in draft and final form including the source
code and object code, which are developed by the CONSULTANT in connection
• with this CONTRACT, may be utilized by the VILLAGE in its normal course of
business. VILLAGE use may include, but shall not be limited to, reproduction,
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distribution and preparation of derivative works. The VILLAGE will not hold the
. CONSULTANT responsible ifdocuments aze used for other purposes than intended.
11. CONFLICTS
The VILLAGE recognizes and acknowledges that the CONSULTANT is
engaged in a business, which provides consulting services to multiple clients
including other governmental entities. Further, the VILLAGE recognizes and
acknowledges that the CONSULTANT may presently, or may in the future,
represent clients who are or may be doing business in or with the VILLAGE.
The VILLAGE agrees that the CONSULTANT may perform services for
clients who are or may have matters before the Village Council, provided
CONSULTANT discloses any and all clients it represents who may have any
matters which are now or may reasonably be expected to come before the
VILLAGE for its consideration
12. GENERAL PROVISIONS
12.1 Notwithstanding any provisions of this CONTRACT to the contrazy, the
parties shall not be held liable for any failure or delay in the performance of
this CONTRACT that azises from fires, floods, strikes, embazgoes, acts of the
public enemy, unusually severe weather, outbreak of war, restraint of
Government, riots, civil commotion, force majeure, act of God, or for any
other cause of the same character which is unavoidable through the exercise
of due care and beyond the control of the parties.
Failure to perform shall be excused during the continuance of such
circumstances, but the VILLAGE shall have the option of terminating this
CONTRACT or electing to allow the CONTRACT to remain in effect. This
provision shall not apply if the "Statement of Work" of this CONTRACT
specifies that performance by CONSULTANT is specifically required during
the occurrence of any of the events herein mentioned.
12.2 The laws of the State of Florida shall govern all aspects of this CONTRACT.
In the event it is necessary for either party to initiate legal action regazding
this CONTRACT, venue shall be in the Fifteenth Judicial Circuit for claims
under state law and in the Southern District of Florida for any claims which
are justiciable in federal court.
12.3 The documents listed below, by this reference, shall become a part of this
CONTRACT as though physically attached:
• PBS&J response to the VILLAGE advertisement for engineering consultant
services.
• 12.4 In the event any provisions of this CONTRACT shall conflict, or appeaz to
conflict, the CONTRACT, including all exhibits, attachments and all
documents specifically incorporated by reference, shall be interpreted as a
whole to resolve any inconsistency.
12.5 Failures or waivers to insist on strict performance of any covenant, condition,
or provision of this CONTRACT by the parties, their successors and assigns
shall not be deemed a waiver of any of its rights or remedies, nor shall it
relieve the other party from performing any subsequent obligations strictly
in accordance with the terms of this CONTRACT. No waiver shall be
effective unless in writing and signed by the patty against whom enforcement
is sought. Such waiver shall be limited to provisions of this CONTRACT
specifically referred to therein and shall be not deemed a waiver of any other
provision. No waiver shall constitute a continuing waiver unless the writing
states otherwise.
12.6 Should any term or provision of this CONTRACT be held, to any extent,
invalid or unenforceable, as against any person, entity or circumstance during
the term hereof, by force of any statute, law, or ruling of any forum of
competent jurisdiction, such invalidity shall not affect any other term or
provision of this CONTRACT, to the extent that the CONTRACT shall
remain operable, enforceable and in full force and effec[ to the extent
permitted by law.
12.7 This CONTRACT may be amended, extended. or renewed only with the
written approval of the parties.
12.8 This CONTRACT states the entire understanding and agreement between the
parties and supersedes any and all written or oral representations, statements,
negotiations, or agreements previously existing between the parties with
respect to the subject matter of this CONTRACT. The CONSULTANT
recognizes that any representations, statements or negotiations made by
VILLAGE staff do not suffice to legally bind the VILLAGE in a contractual
relationship unless they have been reduced to writing and signed by an
authorized VILLAGE representative. This CONTRACT shall inure to the
benefit of and shall be binding upon the parties, their respective assigns, and
successors in interest.
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•
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this
CONTRACT on the date first written above.
O EST:
(~/II; LAGE SEAL)
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
(DBA PBS&J) _
BY:
APPROVED AS TO FORM AND
By:
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EXHIBIT A
STATEMENT OF WORK
1. Introduction: To assist the staff of the VILLAGE with the implementation of capital
improvement projects and other programs as directed by the VILLAGE.
2. Scope of Services:
2.1 Provide general professional engineering consultant services to the VILLAGE as
requested including:
X Civil ~{
7{ Electrical a{
X Structural ){
X Mechanical }{
7t Transportation
X Environmental
Architectural
Landscape Architectural
Planning
Construction
2.2 Perform planning studies/investigations, preparation of plans and specifications,
provide bidding assistance, inspection and administration of construction, permitting,
preparation of applications for grants and loans, etc. as required in the
implementation of the program.
2.3 Perfonn services as required in support of the VILLAGE'S development review and
approval process.
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3. Work Authorization: Work on specific projects will be authorized by written sequentially
numbered amendments, hereinafter referred to as Work Orders, to this contract agreement.
4. Deliverables: A list of deliverables shall be submitted as detailed in the scope of professional
services for each amendment. The deliverables shall be submitted on or before the date
provided in the schedule.
5. Meetings: CONSULTANT shall attend regular, special, and workshop meetings of the
VILLAGE Council and VILLAGE Advisory Boards in relation to pending or proposed
engineering projects of the VILLAGE as directed by the VILLAGE Manager. Additional
compensation shall not be paid to CONSULTANT for attendance at these meetings.
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EXHIBIT B
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SCHEDULE OF PROFESSIONAL SERVICE RATE & REIMBURSABLE EXPENSES
Rates used to calculate invoice amounts for services rendered on a Time and Expense
basis:
Category Rate
Project Director/Principal $ 150
Program Manager $ 130
Sr. Technical Professional II $ 95
Sr. Technical Professional I $ gs
Technical Professional III $ g5
Technical Professional II $ 66
Technical ProfessionalI $ 56
CADD Technician $ 53
Professional Surveyor $ 75
Field Representative III $ 65
Field Representative II $ 50
Field Representative I $ 40
Technician II $ 50
Technician I $ 38
Administrative Support $ 50
Sr. Scientist II $ ql
Sr. Scientist I $ 68
Scientist III $ 5~
Scientist II $ 50
Scientist I g qg
GIS Analyst $ 90
2. Sub-consultant Time and Expenses will be invoiced at cost
3. A percentage of the total billable labor fee (5.00%) shall be added to the monthly billing to
compensate the CONSULTANT in full for all internal direct expenses for the project which
includes, but are not limited to, for example, in-house duplicating, facsimile, long distance
telephone, check prints, postage, computer, CADD costs, normal legaUaccounting expense.
The intent is to cover all direct non-salary costs that are not identified as extensive or extra-
ordinary in the negotiated work order estimate. In addition, the following extra-ordinary
expenses shall be reimbursed at the following unit rates:
• Blueprint/Black Line Prints* $1.00
Sepia* $5.00
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. Mylaz* $10.00
Federal Express* At Cost
*Unit prices for full sets of plans and extra-ordinary travel and Federal Express costs not
specifically identified during work order cost negotiations.
Notwithstanding the forgoing, the compensation paid by the VILLAGE to the
CONSULTANT for labor and expenses shall not exceed the price set fonh in the
approved Work Order.
4. Travel and mileage are not reimbursable expenses unless approved by the VILLAGE in
advance.
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EXHIBIT C
• INSURANCE REQUIREMENTS
1. The CONSULTANT shall maintain, or cause to be maintained, the following specified insurance
coverages in the amount set forth hereafter.
1.1 WORKERS COMPENSATION: Coverage to apply for all employees for Statutory Limits
in compliance with the applicable State and Federal laws. The policy shall include
Employers Liability. Notwithstanding the number of employees or any other statutory
provisions to the contrary, coverage shall extend to all employees of the CONSULTANT
and subcontractor. Statute limits shall be incompliance with applicable Stale and Federal
laws.
1.2. COMPREHENSIVE GENERAL LIABILITY: Shall have the minimum limits of
$],000,000.00 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations, Independent
CONSULTANTS, Products and Completed Operations, Broad Form Property/Personal
Injury, XCU coverage, and a Contractual Liability Endorsement.
1.3. BUSINESS AUTO LIABILITY: Shall have the minimum limits of coverage of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury and Property Damage Liability.
This shall be an any auto policy including Owned, Hired, Non-Owned, and Employee Non-
ownership Coverage.
1.4. PROFESSIONAL LIABILITY: Insurance and Indemnification -The CONSULTANT shall
maintain Professional Liability Insurance covering the CONSULTANT for sums which
the CONSULTANT shall become legally obligated to pay as damages because of liability
arising out of any negligence, error or mistake in rendering or omission in failing to render
the professional services required in the performance of the CONSULTANTS agreement
with the VILLAGE. Required coverage shall be for Limits of Liability not less than
$1,000,000.00 with a retained limit of not more than $5,000.00. All insurance policies
shall be Best Rated AX(10) or higher.
2. The VILLAGE shall be included as an Additional Insured under the General Liability and
Automobile Liability policies.
3. Current valid insurance policies meeting the requirements herein identified shall be maintained
during the duration of the named project. There shall be a thirty (30) day notification to the
VILLAGE in the event of cancellation or modification of any stipulated insurance policy. It shall
be the responsibility of the CONSULTANT to ensure that all subcontractors are adequately
insured or covered under their policies. Certificates of Insurance shall be on file with the
VILLAGE, and approved by same prior to the commencement of any work activities. Such
approval does not waive the CONSULTANTS responsibility to comply with the requirements
of this section on modifications of this section.
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• EXHIBIT D
SAMPLE WORK ORDER FEE BACKUP
WORK ORDER NO.
CONTRACT PERFORMANCE
Proposed fee and schedule for completion of major tasks under Work Order No. is
summazized below:
SUMMARY OF PROPOSED FEES
Proposed labor costs and associated expenses for basic consultant services are tabulated below and
detailed in Exhibit B.
BASIC SERVICES
LABOR COST
(Employees)
Task 1 -
Task 2 -
Task 3 -
$
Task 4 -
Task 5 -
Not to exceed (NTE) cost for labor: $ A
Reimbursable expenses billed in accordance with AGREEMENT: $ B
Total not to exceed (NTE) Cost for project: A + B
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