Loading...
CLEARWATER DESIGN GUIDELINES FOR DOWNTOWN CHARACTER DISTRICTS CONSULTING SERVICES AGREEMENT This AGREEMENT made this .;f1"tf day of cy';-<.f 2003, by and between the City of Clearwater, Florida (City), a Florida municipal corporation, P. O. Box 4748, Clearwater Florida 33758-4748, and Land Design Innovations, Inc., (Consultant), a Florida corporation, 140 North Orlando Avenue, Suite 295, Winter Park, Florida 32789. WHEREAS, City desires to have Consultant provide consulting services for preparation of Downtown Clearwater Design Guidelines (the Project) described in Exhibit A; and WHEREAS, Consultant agrees to provide the consulting services described in Exhibit A, under the terms and conditions of this Agreement; NOW THEREFORE, the City and Consultant do hereby incorporate all terms and conditions in Exhibit "A" and mutually agree as follows: 1. SCOPE OF PROJECT. Consultant agrees to provide planning services under the terms and conditions described in Exhibit "A". 2. TIME OF PERFORMANCE. The work product described in Exhibit "A" shall be complete on or before September 30, 2003. 3. REPORTS. Consultant agrees to provide to City reports on the Project upon request by the City and upon completion of the Project. 4. COMPENSATION. The City will pay Consultant a sum not to exceed $ 30,000 , inclusive of all reasonable and necessary direct expenses as described in the cost estimate attached as Exhibit "A". The City may, from time to time, require changes in the scope of the project of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant's compensation and changes in the terms of this Agreement which are mutually agreed upon by and between City and Consultant shall be effective when incorporated in written amendment to this Agreement. 5. METHOD OF PAYMENT. Consultant shall bill City, and City agrees to pay after approval of the City Project Manager under the terms of the Florida Prompt Payment Act F.S.218.70. o 1 - // S' </ - ~ C (i 6. CONTACTS FOR RESPONSIBILITY. Gina Clayton, Long Range Planning Manager, will be designated as Project Director for this project by Consultant to manage and supervise the performance of this Agreement on behalf of Consultant. Associated with the Project Director will be staff members whose experience and qualifications are appropriate for this Project. The City will be represented by Gina Clayton or her designee for all matters relating to this Agreement. 7. TERMINATION OF AGREEMENT. The City at its sole discretion may terminate this Agreement by giving Consultant ten (10) days' written notice of its election to do so and by specifying the effective date of such termination. The Consultant shall be paid for its services through the effective date of such termination. Further, if Consultant shall fail to fulfill any of its obligations hereunder, this Agreement shall be in default, the City may terminate the Agreement, and Consultant shall be paid only for work completed. Consultant may terminate the Agreement in the event that circumstances beyond the control of Consultant result in impossibility of performance of the Agreement, including, but not limited to, dissolution of corporate existence of Consultant. 8. NON-DISCRIMINATION. Consultant shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title I of the Americans with Disabilities Act of 1990 in that: No person in the United States shall on the grounds of race, creed, color, national origin, sex, age, political affiliation, beliefs, or disability be subject to discrimination under any program or activity which Consultant has agreed to undertake by and through the covenants and provisions set forth in this Agreement. There shall be no discrimination against any employee who is employed in the work covered by the Agreement, or against applicants for such employment, on said grounds. This provision shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of payor other forms of compensation; and selection for training, including apprenticeship. 2 9. INTERESTS OF PARTIES. Consultant covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. 10. INDEMNIFICATION AND INSURANCE. Consultant agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Consultant or its employees in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Consultant shall procure and maintain during the life of this Agreement professional liability insurance. This provision shall survive the termination of this Agreement. 11. PROPRIETARY MATERIALS; ACCESS TO RECORDS; RIGHTS TO DATA AND COPYRIGHT. Upon termination of this Agreement, Consultant shall transfer, assign and make available to City or its representatives all property and materials in Consultant's possession belonging to or paid by the City. The City, the Department of State, Division of Historical Resources, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of Contractor which are directly pertinent to the Agreement, for the purpose of making audit, examination, excerpts, and transcription. Consultant shall maintain all required records for five years following the later of final payment by City or closure of all pending matters. When publications, films, or similar materials are developed, directly or indirectly, from the Project, any copyright resulting therefrom shall be held by the Florida Department of State, Division of Historical Resources. Consultant may arrange for copyright of such materials only after approval from the Department. Any copyright arranged for by Consultant shall include acknowledgement of grant assistance. As a condition of grant assistance, City has agreed to and has awarded to the Department and, if applicable, to the 3 United States Government and to its officers, agents, and employees acting within the scope of their official duties, a royalty-free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 12. REMEDIES, OTHER THAN TERMINATION OF AGREEMENT, FOR BREACH; ATTORNEYS' FEES AND JURISDICTION. In the event of breach of this Agreement by either party, the other party shall have such administrative, contractual, or legal remedies as provided by this Agreement, the Code of Ordinances of the City of Clearwater, and the laws of the State of Florida. In the event that either party seeks to enforce this Agreement through attorneys at law, then the parties agree that each party shall bear its own attorneys' fees and costs, and that jurisdiction for any court action filed regarding this Agreement shall be in a court of competent jurisdiction in Pinellas County, Florida. Termination of this Agreement shall be in accordance with the provisions of paragraph 7. above. 13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 14. INCORPORATION OF RFP BY REFERENCE. The provisions of City of Clearwater RFQ 14-03, Request for Qualifications for Downtown Clearwater Design Guidelines, are attached hereto as Exhibit "B" and incorporated herein by reference. IN WITNESS WHEREOF, City and Consultant have executed this Agreement on the date first above written. Approved as to form: j[ By: William B. Horne II City Manager Attest: 4 - (Corporate Seal) 5 RECEIVED Exhibit A APR 2 5 2003 Scope of Services City of Clearwater Design Guidelines for Downtown Character Districts PLANNING DEPARTMENT CITY OF CLEARWATER The Planning Department of the City of Clearwater is seeking urban design and land planning services to prepare design guidelines for development review of projects located within the six (6) character Districts of downtown Clearwater. The design guidelines will provide for a high standard of design to promote a unified, cohesive appearance within each district and to promote development of the area consistent with the City's Character Districts and Street Classification Plan for the downtown. The intent of the design standards will be to maintain and enhance the positive characteristics of the existing development within the downtown, as well as preventing further impacts of development that are not reflective of the traditional development patterns or are incompatible with existing development. Description of Tasks 1.0 Pre-Contract Meeting LDI will meet with City staff to discuss the scope of this project and clearly define the tasks to be accomplished under this contract. 2.0 Kick-Off Meeting A meeting will be held between LDI and City staff to discuss the major problems and opportunities within the Districts, and to learn what the common issues and limitations are dealt with on a daily basis in development review that have prevented the City from gaining quality design final products from development projects. 3.0 Site Visits/Data Collection Through a series of site visits and on-site meetings with staff, LDI will evaluate the current development patterns of the Districts. 3.1 LDI will gather infonnation with respect to the eXlstlng development patterns and will document these patterns through photographs. 3.2 Building lines, setbacks, fenestration, window glazing, color schemes, architectural styles, and other issues related to appearance of each individual District will be documented. 3.3 Alleys, parking, cross access, and other vehicular and pedestrian circulation issues will be analyzed. 3.4 The types of signage currendy present will be analyzed. City of Clearwater Downtown Design Guidelines Page 1 of 5 4/24/2003 4.0 Data Gathering 4.1 LDI will obtain copies of recent studies related to the downtown redevelopment and streetscape improvements for consistency with the design guidelines. 4.2 If available, LDI will gather basemaps from the City identifying the location of existing developed and vacant properties in the project area, as well as the existing patterns of development. 4.3 LDI will gather from the City and evaluate the extent of historic structures and concentrations throughout the districts. 4.4 LDI will go through libraries of photos, take new photographs and gather photos from around the nation that best depict the circumstances in Clearwater and potential opportunities for improvement. 5.0 Define Predominant Styles 5.1 Senior staff at LDI, experienced in both urban design and architecture, will define the urban design characteristics of each district based upon the site visits, comments from staff and photo interpretations. Historic architectural styles and concentrations will be identified; no actual historic structure surveys or detailed historic preservation analysis will be conducted for this scope. The product for this task will be either a written analysis of each district, a map of each district that identifies key areas, or a combination of both written and mapping analysis. 6.0 Photos/Graphics 6.1 LDI graphic personnel will download and organize photographs taken in the field, as well as attend meetings, and find images from other sources that can be used to educate property owners and developers. 6.2 Our team of graphic designers will also create images that depict the intent of written codes to illustrate the proposed design guidelines. 7.0 Workshop #1 7.1 The LDI staff of urban designers and graphic artists will coordinate to develop a PowerPoint presentation to educate the public regarding good design principals. 7.2 The presentation will be tailored to the special characteristics within each of the six (6) character Districts. 7.3 One (1) digital copy of the PowerPoint presentation will be sent to City staff in order that City staff may provide additional copies of the presentation for the workshop. LDI will also provide twelve (12) black and white copies (two per district) of the presentation for use during breakout sessions. 7.4 LDI will prepare sign-in sheets for the meeting. 7.5 City staff will provide nametags. 7.6 City staff will arrange the meeting room and invite the attendees to the workshop. City of Clearwater Downtown Design Guidelines Page 2 of 5 4/24/2003 7.7 City staff will advertise for the public workshops. 7.8 The City staff will prepare the aerials and any other presentation boards that are needed to identify the districts. 7.9 LDI will facilitate the public workshop and breakout sessions. City staff will assist with the facilitation. 8.0 Written Design Guidelines 8.1 LDI will prepare one (1) written design guideline draft report with standards for buildings, site layout, parking, access, and signage standards for the project area. The consultant will provide one copy-ready hardcopy of the draft to the City and one digital version. 8.2 The Design Guidelines will meet the Secretary of the Interior Standards design guidelines, and the Florida Bureau of Historic Preservation standards. 8.3 The design guidelines will be broken into sections based upon the six (6) character Districts, including the Old Bay, Downtown Core, South Gateway, Town Lake Residential, East Gateway, and Town Lake Business Park Districts. Each section will include those standards that are applicable to the individual District, as well standards that are applicable to all Districts. 8.4 The design guidelines will be integrated into the City of Clearwater's Redevelopment Plan. 8.5 Subsequent to the Client's review of the draft copy of the design guidelines and input provided during the public meetings, LDI will prepare one (1) final version of the design standards incorporating the Client's comments. The consultant will provide one copy-ready hardcopy of the fmal report to the City and one digital version. 9.0 Workshop #2 9.1 LDI will facilitate a follow-up workshop to highlight the key guidelines in the proposed report for each character District. City staff will assist with the facilitation. LDI will prepare one (1) original digital copy of the draft and agendas. The digital copies will be sent to City staff in order that City Staff may provide copies for the meeting. LDI will provide six (6) copies of the draft (1 per district) for use during the breakout sessions. 9.2 LDI will prepare an agenda and sign-in sheets for the meeting. 9.3 City staff will provide nametags. 9.4 City staff will arrange the meeting room and invite the attendees to the workshop. 9.5 City staff will advertise for the public workshop. 9.6 The City staff will prepare the aerials and any other presentation boards that are needed to identify the Districts. City of CIetl1Woter Downtown Design Guidelines Page 3 of 5 4/24/2003 10.0 Public Hearings 10.1 LDI will be available to answer questions about the design guideline report during one (1) Local Planning Agency and one (1) City Commission hearing for adoption. 10.2 If the City requires attendance at any additional meetings beyond those described in 10.1 above, LDI will be compensated on an hourly basis for meeting time and travel costs associated with the additional project needs, based upon the attached hourly rate schedule. 11.0 Compensation and Deliverables The following items shall be considered the project deliverables, and in exchange for the services described above herein, the Consultant shall receive a lump sum fee of $30,000 for those deliverables, to be paid in three equal installments based upon the following: 11.1 Data Collection, Definition of Predominant Styles and Public Workshop #1 - $10,000. 11.2 Public Workshop #2 - $10,000 11.3 Final Document - $10,000 All reports, drawings, photographs, and plans for this project shall be prepared utilizing either Microsoft Word, Excel or Publisher, and ArcView. An electronic copy of all final deliverables will be provided to the City upon completion of the project. The consultant will be responsible for direct expenses incurred by the consultant in preparation of the project. These expenses include mileage, lodging, telephone charges, in-house material costs, as well as the costs associated with the photocopying, as defined above. The City will not pay reimbursable expenses to the Client. The City will assist with reprographic, photocopy, and presentation materials in addition to that defined in this scope. City of Clearwater Downtown Design Guidelines Page 4 of 5 4/24/2003 RECEIVED Exhibit B A~k 2 5 2003 PLANNING DEPARTMENT City of Clearwater CITY OF CLEARWATER PLANNING DEPARTMENT RFQ 14-03 REQUEST FOR QUALIFICATIONS FOR DOWNTOWN CLEARWATER DESIGN GUIDELINES ~ Clearwater - u CITY OF CLEARWATER REQUEST FOR QUALIFICATIONS FOR DOWNTOWN CLEARWATER DESIGN GUIDELINES The City of Clearwater announces that it is requesting responses from qualified professionals for the following: Downtown Design Guideline services associated with the update of the Downtown Redevelopment Plan including the "Gateway" area. The general boundaries of this area are Highland Avenue on the east, Clearwater Bay on the west, Drew Street on the north, except for the area contained in the Northwest Periphery Plan area, and Court Street on the south, but including the area contained in the Southwest Periphery Plan (see attached map). Qualified firms will prepare Architectural Design Guidelines for the City of Clearwater's Downtown Redevelopment Area, utilizing the Florida Department of State Division of Historical Resources Model Guidelines for Design Review and the Secretary of Interior Standards for Rehabilitation. Guidelines shall provide criteria for historic renovation, new construction, building additions, fa~ade alterations, and signage for the Downtown area. The Design Guidelines will provide for appropriate renovation of buildings in the historic downtown, as well as for new construction and redevelopment in the surrounding areas. The Guidelines should also be related to and support the character districts established in the updated Downtown Redevelopment Plan. Grant funds are being used for this project and a draft must be submitted to the State of Florida for review and approval 45 days prior to the end of the grant period of June 30, 2003 and the final product must be submitted to the State by July 30, 2003. The firm(s) selected for these assignments will be expected to sign a contract with the City of Clearwater. The City reserves the right to select specific companies submitting as part of a team submittal. Qualified responses will be reviewed and ranked by the City's Review Committee. Preference at the discretion of the Review Committee may be given to respondents with national and/or Florida design experience. Specific emphasis will be placed on firms with proven innovative and state of the art experience in developing design guidelines for historic areas with substantial C:\Documents and Settings\LDI\Local SettingS\TempO~ Intemet Files\OLK62\Exhibit B - Downtown Design Guidelines RFQ.doc areas for infill and redevelopment. Oral presentations will be requested of short-listed potential selectees at the discretion of the Review Committee. Qualified firms are invited to notify the City of Clearwater of their interest in being selected by submitting ten (10) copies of the information required in the Submittals section and showing the qualifications of your firm to address the below by the required date. Additional response forms and non-technical information may be obtained from George McKibben, City Purchasing Manager, (727) 562-4634. This Request for Qualifications is available on-line at: www.clearwater-fl.com. Select: "Purchasing"; "Invitations for Bid"; then "RFQ 14-03" . MAIL OR DELIVER COMPLETED RESPONSES TO: George McKibben City Purchasing Manager Municipal Services Building 100 South Myrtle Avenue (3rd floor) Clearwater, FL 33756 - 5520 Mailing address: P. O. Box 4748 Clearwater, FL 33758-4748 All proposals must be received not later than 4:00 p.m. local time Friday, February 14, 2003. The City assumes no responsibility for responses received after the stated time and date, or at any office or location other than that specified herein, whether due to mail delays, courier mistake, mishandling or any other reason. Late responses will be held unopened and not considered for award. OPENNESS OF PROCUREMENT PROCESS Written response, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this request, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any portion of the qualifications once submitted. RETENTION AND DISPOSAL OF RESPONSE The City reserves the right to retain all submitted responses for official record purposes. The City also reserves the right to dispose of any or all copies of responses in whatever manner it deems appropriate. No copies of responses will be retumed to the firm. C:\Documents and Settings\LDI\Local SettingS\TempO~ary Intemet Files\OLK62 \ Exhibit B - Downtown Design Guidelines RFQ.doc ERRORS AND OMISSIONS Once a response is presented, the City shall not accept any requests by any firm to correct errors or omissions in any calculations submitted. RESERVED RIGHT The City reserves the right to accept or reject any and/or all submissions/proposals, to waive irregularities and technicalities, and to request resubmission. Any sole response received the first submission date mayor may not be rejected by the City depending on available competition and timely needs of the City. The City shall be the sole judge of the submission/proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. Also, the City reserves the right to make such investigation, as it deems necessary to determine the ability of any responder to perform the work or service requested. The responder shall provide information the City deems necessary to make this determination. CONFLICT OF INTEREST Any prospective firm should make an affirmative statement in its proposals to the effect that, to its knowledge, its retention would not result in a conflict of interest with any party. Altematively, should any potential conflict exist, the prospective firm should specify the party with which there might be a conflict, the nature of the potential conflict, and the means proposed to resolve such conflict. RIGHT TO PROTEST Any actual or prospective responder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of its complaints by contacting the Purchasing Manager. NO COLLUSION By offering a submission to the RFQ, the responder certifies, and in the case of a joint submission/proposal each party thereto certifies as to its own organization, that in connection with the submission/proposal: a. No attempt has been made or will be made by the responder to induce any other person or firm to submit or not to submit a submission/proposal for the purpose of restricting competition; and 4 C:\Documents and Settings\LDI\Local Settings\Temporary Internet FiIes\OLK62 \ Exhibit B - Downtown Design Guidelines RFQ.doc b. The only person(s) or principal(s) interested in this submission/proposal are named therein and that no person other than those therein mentioned has/have any interest in this submission/proposal or in the agreement to be entered into; and c. No person or agency has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or established commercial agencies maintained by the purchaser for the purpose of doing business. PROFESSIONAL SERVICES/CONSULTANTS' COMPETITIVE NEGOTIATION ACT (CCNA) - FLORIDA STATUTE 287.055 Professional services requested in this RFQ 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. APPROPRIATIONS CLAUSE The City, an entity of govemment, is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract is executed and entered into and for which this contract shall remain in effect. The City shall, upon receipt of notice that sufficient funds are not available to continue its full and faithful performance of this contract, provide written notice to the Contractor of such event and effective thirty (30) days after giving such notice or upon the expiration of the period of time for which funds were appropriated, whichever occurs first, be thereafter released at all further obligations in any way related to the contract. SUBMITTALS: Interested firms should state their interest in this project by submitting eight copies of the following: . Letter of interest and understanding on Firm stationery; . Description of Firm to include only the following: ./ Legal name, years in business, officers, staff size, and staff breakdown by classification; C:\Documents and Settings\LDI\Local Settings\TempO~ary Intemet Files\OLK62 \ Exhibit B - Downtown Design Guidelines RFQ.doc ./ List of all similar projects or work completed within the last ten years, with dates of completion, size of projects, project cost, name of lead staff person, addresses, client contact persons, and telephone numbers; ./ Names and titles of the project team; ./ Resumes of all persons who will be working on this project, including consultants and interior design staff; ./ Table of organization proposed by the Firm for this project; ./ Selected examples from at least three different design guidelines where the firm has been the principal author; ./ Statements of professional and general liability insurance, as required by the City; ./ Firm brochures and business cards of persons to be assigned to this project; ./ List of legal actions brought against the firm within the last ten years. MULTIPLE FIRM TEAMS: Multiple firm or joint venture teams must clearly identify the roles and responsibilities of the proposed participants. FEES: Approximately $20,000 has been earmarked for these services. SELECTION PROCESS: The City Project Review Committee will review the RFQ submittals and select three to five firms for interviews. Those firms not asked to respond to the RFQ will also be notified. The selected firms will be shortlisted and given advance notice to prepare for a public interview, to be held in Clearwater. The interviews will be conducted over a one- or two-day schedule. A decision following the interviews will be made within five working days of the last interview. The selection will be based on the most qualified firm with the most relevant experience, the quality of guidelines completed, their ease of administration and the ability to convey design issues to the public. CONDITIONS: The City reserves the right to accept and/ or reject any or all proposals; to waive any irregularity, variance, or informality whether technical or substantial in nature; and to negotiate with all qualified Firms in keeping with the best c: \Documents and Settings \LDI\Local Settings \ TempO~ary Internet Files \ OLK62\Exhibit B - Downtown Design Guidelines RFQ.doc interests of the City. An award resulting from this request shall be awarded to the Firm whose proposal is determined to be most advantageous to the City of Clearwater. Items which the Selection and Technical Committee will consider and weigh during the selection process are: availability of the firm, successful experience creating design guidelines utilizing the Secretary of Interior Standards for Rehabilitation, successful experience in preparing guidelines for downtown in fill development, completeness of response to the RFQ, and qualifications of key personnel to be assigned to projects. INSURANCE REQUIREMENTS: See Exhibit "A" attached. DISTRIBUTION: This RFQ is being mailed to Firms that have contacted the City and those that are believed to have the experience needed for this project. The project is also being advertised per City of Clearwater purchasing policies. PROJECT SCHEDULE a. Release date of RFQ January 23, 2003 b. Due date of RFQ February 14, 2003 c. Oral Presentations February 27, 2003 d. Selection Committee Decision March 7, 2003 GENERAL TERMS AND CONDITIONS: 1. All responses become property of the City of Clearwater. 2. The City will not reimburse the respondent for any costs associated with the preparation, submittal, or presentation of their responses to this request. 3. The respondent acknowledges that all information contained within its response is part of the public domain as defined by State of Florida Sunshine and Public Record Laws. The City gives no assurance as to confidentiality of any portion of any proposal once submitted. c: \Documents and Settings \LDI\Local Settings \ Tempo7ary Intemet Files \ OLK62 \Exhibit B - Downtown Design Guidelines RFQ.doc 4. The awards made pursuant to this Call for Professional Services are subject to the provisions of Chapter 112, Part III, Florida Statutes. All respondents must disclose with their responses the name of an officer, director, owner, or agent who is also an employee of the City of Clearwater. 5. Respondents, their agents, and associates shall refrain from contacting or soliciting any City officials regarding this Call for Professional Services during the selection process. Failure to comply with this provision may result in disqualification of the respondent, at the option of the City. Only George McKibben may be contacted. 6. There shall be no discrimination as to race, sex, color, creed, handicaps, or national origin in the operations conducted under this engagement. 7. Due care and diligence has been exercised in the preparation of this Call for Professional Services, and all information contained herein is believed to be substantially correct. However, the responsibility for determining the full extent of the services rests solely with those making responses. Neither the City nor its representatives shall be responsible for any error or omission in this response, nor for the failure on the part of the respondents to determine the full extent of the exposures. 8. Preference will be given to those responses in full or substantially full compliance with the requested information in this document. 9. Each respondent is responsible for full and complete compliance with all laws, rules, and regulations including those of the Federal Government, the State of Florida, and the City of Clearwater. Failure or inability on the part of the respondent to have complete knowledge and intent to comply with such laws, rules, and regulations shall not relieve any respondent from its obligation to honor its response and to perform completely in accordance with its response. 10. Any interpretation, clarification, correction, or change to the Call for Professional Services will be made by written addendum issued by the City's Purchasing Manager. Any oral or other type of communication concerning the Call for Professional Services shall not be binding unless issued by the City in the form of an addendum. C:\Documents and Settings\LDI\Local SettingS\TempO~ary Intemet FiIes\OLK62\Exhibit B - Downtown Design Guidelines RFQ.doc 11. Responses must be signed by an individual of the respondent's organization legally authorized to commit the respondent's organization to the performance of the services contemplated by this Call for Professional Services. 12. The successful respondent shall be required to submit proof of licenses, certifications, and proofs of insurance as required by the City. 13. The successful respondent shall not be allowed to substitute project team members named in this response without the written permission of the City. 14. The designer is responsible for all costs associated with any non- discretionary changes. A bond for this purpose may be required. Documents cited in this document but not attached are available upon request. "This project has been financed in part with historic preservation grant assistance provided by the National Park Service, u.S. Department of Interior, administered through the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Historic Preservation Advisory Council. However, the contents and opinions do not necessarily reflect the views and opinions of the Department of the Interior or the Florida Department of State, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior or the Florida Department of State. This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, disability, or age in its federally assisted programs. If you believe that you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office of Equal Opportunity, National Park Service, 1849 C Street, NW, Washington, DC 20240." C:\Documents and Settings\LDI\Local SettingS\TempO~ary Intemet Files\OLK62 \ Exhibit B - Downtown Design Guidelines RFQ.doc