AGREEMENT FOR PROFESSIONAL SERVICES - RFQ #09-20 - CLEARWATER POLICE DEPARTMENT DISTRICT 3 SUBSTATION - CONSULTING SERVICESAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
CITY OF CLEARWATER AND HARVARD JOLLY, INC.
RFQ #09-20
CLEARWATER POLICE DEPARTMENT DISTRICT 3 SUBSTATION -
CONSULTING SERVICES
This AGREEMENT is made and entered into on the 0) 7441 day o1- e - 4J - 2020
by and between the City of Clearwater, Florida (CITY) and Harvard Jolly Architecture
(CONSULTANT).
WITNESSETH:
WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional
services pertinent to such work in accordance with this Agreement; and
WHEREAS, the CONSULTANT desires to provide such professional services in accordance with
this Agreement; and
WHEREAS, the CITY selected the CONSULTANT 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 CONSULTANT in a response to Request For Qualifications #09-20.
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 CONSULTANT to the CITY will be that of a professional
consultant, and the CONSULTANT will provide the professional and technical services
required under this Agreement in accordance with acceptable architectural practices, by
exercising the skill and ability ordinarily required of architects performing the same or
similar services, under the same or similar circumstances, in the State of Florida, and
ethical standards.
2.0 PROFESSIONAL T . HNI A , .RVI
2.1 It shall be the responsibility of the CONSULTANT to work with and for the CITY to
perform an array of services for the City as set forth in RFQ #09-20, Scope of Services.
2.2 The CONSULTANT'S services under this Agreement will be provided under a project
specific Work Order(s). Each Work Order will include the services for a single project,
phase, task or assignment, and 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. Work Orders will be incorporated by reference and
attached hereto this Agreement.
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Total compensation for all services shall not exceed S966.230.00 (nine hundred sixty six
thousand, two hundred and thirty dollars) unless specifically authorized by the City
Council.
See Work Order attached hereto as Exhibit B.
2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally
qualified personnel available to the CITY for the purpose of rendering the required
architectural and/or consultant services hereunder, and shall diligently execute the work to
meet the completion time established in the Work Orders. The CONSULTANT shall notify
the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact
information, including but not limited to 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 CONSULTANT will, when directed to do so by the CITY,
coordinate and work with other engineering and/or architectural firms retained by the
CITY.
2.5 The CITY reserves the right to remove any and all projects, phases, tasks or assignments
in Section 2.1 of this Agreement. The CITY further reserves the right to enter into contracts
with other architectural firms for services related to such projects, phases, tasks or
assignments. The CONSULTANT will, when directed to do so by the CITY, coordinate
and work with other architectural firms retained by the CITY.
3.0 PERIOD OF SERVICES
3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work
Order. Receipt of a fully executed Work Order shall constitute written notice to proceed.
3.2 If the CONSULTANT'S services are delayed for reasons beyond the CONSULTANT'S
control, the time of performance shall be adjusted as appropriate.
3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not
to exceed to two (2) years, subject to the provisions for termination contained herein.
Assignments that are in progress at the Termination Date shall be completed by the
CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT
be in the progress 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.
4.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE
NEGOTIATION ACT (CCNAI
Professional Services provided under this Agreement are within the scope of the practice
of architecture, landscape architecture, professional engineering, or registered land
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surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S.
287.055 apply.
5.0 GENERAL CONSIDERATIONS
5.1 All documents including field books, drawings, specifications, calculations, geotechnical
investigation reports, etc., used in the preparation of the work shall be supplied by the
CONSULTANT 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 CONSULTANT for the
specific purpose intended will be at the CITY's sole risk without liability or legal exposure
to the CONSULTANT.
5.2 The CONSULTANT shall prepare preliminary construction cost estimates with each
design submittal to verify the proposed design is within the City project budgets. The
CONSULTANT shall prepare a final estimate of probable construction costs, following
CITY approval of the bid documents and other pre-bid 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.
5.3 The CONSULTANT 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 CONSULTANT describing the services desired and providing a basis for compensation
to the CONSULTANT.
5.4 Upon the CONSULTANT'S written request, the CITY will furnish or cause to be furnished
such reports, studies, instruments, documents, and other information as the
CONSULTANT and CITY mutually deem necessary.
5.5 The CITY and the CONSULTANT 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 CONSULTANT will assign or transfer
its interest in this Agreement without written consent of the other.
5.6 To the fullest extent permitted by law, the CONSULTANT agrees to 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 CONSULTANT and
other persons employed or utilized by the CONSULTANT in the performance of this
CONSULTANT under this AGREEMENT. Notwithstanding any provision herein to the
contrary, this 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
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consent to be sued by third parties. The obligations under this paragraph shall expressly
survive termination or expiration of this Agreement.
5.7 The CONSULTANT 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.
5.8 Key personnel assigned to CITY projects by the CONSULTANT 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.
5.9 The CONSULTANT shall attach a brief status report on the projects with each request for
payment.
5.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall
make no statements, press releases or other public communication concerning this
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 CONSULTANT 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 CONSULTANT for "In House" use. Only data and reports generated by the
CONSULTANT under this Agreement shall be the property of the CITY.
5.11 Public Records. The CONSULTANT will be required to comply with Section 119.0701,
Florida Statutes, as may be amended from time to time, specifically to:
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600
Cleveland Street, Suite 600, Clearwater, FL 33755.
CONSULTANT shall comply with the following:
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.
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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 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.
6.0 COMPENSATION
6.1 The CONSULTANT shall be compensated for services rendered under this Agreement in
accordance with the provisions of each Work Order, upon presentation of
CONSULTANT'S invoice and as provided for below.
6.2 Compensation for services shall be invoiced by the CONSULTANT and paid by the CITY
in accordance with the Florida Local Government Prompt Payment Act, § 218.70, Florida
Statutes.
6.3 The CONSULTANT 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.
7.0 PROHIBITION AGAINST CONTIN .NT F ES
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 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 CONSULTANT any
fee, commission, percentage, gift, or any other consideration, contingent upon or resulting
from the award or making of this Agreement.
8.0 TERMINATION FOR CAUSFF
This Agreement may be terminated by either party with seven (7) days prior written notice,
in the event of substantial failure to perform in accordance with the terms hereof by the
other party through no fault of the terminating party. If this Agreement is terminated, the
CONSULTANT shall be paid in accordance with the provisions of outstanding Work
Orders for all work performed up to the date of termination.
9.0 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 CONSULTANT
shall be given five (5) days prior written notice of such action and shall be compensated
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for professional services provided up to the date of suspension, cancellation or
abandonment.
10.0 GOVERNING LAW
This Agreement shall be administered and interpreted under the laws of the State of Florida.
The exclusive venue for any proceeding or suit in law or equity arising from or incident to
this Agreement will be in Pinellas County Florida.
11.0 TERMINATION FOR CONVENIENCE
Either the CITY or the CONSULTANT 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 CONSULTANT will be paid for services
rendered through the date of termination.
12.0 PUBLIC ENTITY CRIMES
Pursuant to Florida Statute § 287.132-133, 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 § 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 § 287.133 (3)(f), F.S. By submitting a
proposal, CONSULTANT is certifying that Florida Statute 287.132 and 287.133 does not
restrict submission.
13.0 ,SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS
The CONSULTANT will be required to comply with Section 287.135, Florida Statues,
specifically by executing the forms provided (attached).
14.0 RFO #10-20. STANDARD TERMS AND CONDITIONS
All terms and conditions as set forth in RFQ #09-20, Standard Terms of Conditions are
incorporated by reference and hereto attached as Exhibit A.
15.0 ORDER OF PRECEDENCE
Any inconsistency in documents relating to this Agreement shall be resolved by giving
precedence in the following order: (i) this Agreement and subsequent Amendments; (ii)
RFQ #09-20, Standard Terms and Conditions; and (iii) Work Orders.
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16.0 INSURANCE REOITIREMENTS
Insurance Requirements are set forth in Exhibit C, which is incorporated by reference and
attached hereto.
17.0 TERMINATION FOR LACK OF FUNDING
The CITY'S performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Clearwater City Council. In the event the Clearwater City
Council does not appropriate funds in a sufficient amount for CITY to perform its
obligations hereunder, CITY may terminate this Agreement upon thirty (30) days written
notice to CONSULTANT.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and year
first above written.
Countersigned:
cteapert\tyos
George N. Cretekos
(HARV '.i ►) LL RCHITECTURE)
By: Ail
i/
Print Name: Pliny k%bcr
Title: Y,Ce Prr j j or'en
WITNESS:
By: eN Z
Print Name: Ca -Yr LCc /1 f C & rt 0.11 0
CITY OF CLEARWATER
William B. Horne, II
Mayor City Manager
Approved as to form: Attest:
Owen Kohler
Assistant City Attorney
Rosemarie Call
City Clerk
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I\ I 1 (/ ' . ► . \I I i k 1 ' :. \ A . . \ 1 at
CERTIFICATION FORM
PER SECTION III, ITEM 25, IF YOUR BID IS S1,000,000 OR MORE, 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 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 rutinized Companies with Activities in
Sudan List, the Scrutinized Companies with Activitie I,* Pe re leum Sector List, or engaged
in business operations in Cuba and Syria.
1
Prin d 7M
Vi CC f'reofert
Title
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Name of Entity/Corporatidn
STATE OFf-i.
COUNTY OF P6/►4-Q,Q.erh.>
The foregoing instrument was acknowledged before me on this 3/ sr
day of
20 20 , by Oddi -a.... (name of person whose si:n
as theVtrt FrestJ. 4- (title) of/4-CtrVa.r� ,..SoLL( Lvr .
corporation/entity), personal_l3 known m me as described herein
(type of identification) as identification, and who
ature is b'tng notarized)
(name of
, or produced a
/did not take an oath.
My Commission Expires:
NOTARY SEAL ABOVE
Notary Public
OPNotary Public State of Fite
4/ • Carrianne Soriano
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My Commission GG 327808
Expires 08/238023
9
ame
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, MA Y DEEM YOUR
SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
5. 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
6. 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
7. "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
8. 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.
utj orizSignat re
bev-
Pted/Name
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Tit e
Gtrva-rv( ,.Idfl , /kc.
Name of Entity/Corpofation
STATE OF —�t--•
COUNTY OF Q
The foregoingp instrument was acknowledged before me on this 3S1 day o ,
20 2.0 , by him. `i 10,(x(name of person whose signature is b ing notarized)
as the Val- Prez/ J..e.1.4 (title) of aetYVAral Js I t y =14..d. (name of
corporation/entity), personally known to me as described herein , or produced a
(type of identification) as identificaton, and wh id/did not take an oath.
Notary Public
My Commission Expires:
NOTARY SEAL ABOVE
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RFQ #09-20, EXHIBIT A
STANDARD TERMS AND CONDITIONS
S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: "vendor, contractor,
consultant, supplier, proposer, company, parties, persons", "purchase order, PO, contract,
agreement", "city, Clearwater, agency, requestor, parties", "bid, proposal, response, quote".
S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers'
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City's written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations
under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed
of existing and future federal, state, and local laws, ordinances, and regulations that in any
manner affect the fulfillment of this Agreement and must comply with the same at its own
expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug -Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
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RFQ #09-20, EXHIBIT A
STANDARD TERMS AND CONDITIONS
S.11
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel,
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
(i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City
that Contractor and each of its subcontractors will comply with, and are contractually
obligated to comply with, all federal immigration laws and regulations that relate to their
employees (hereinafter "Contractor Immigration Warranty").
(ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
(iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide
services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
(iv) The City may, at its sole discretion, conduct random verification of the employment records
of Contractor and any subcontractor to ensure compliance with the Contractor Immigration
Warranty. Contractor agrees to assist the City in regard to any random verification
performed.
(v) Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor's personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including
federal, state, and local taxes related to or arising out of Contractor's services under this
Agreement, including by way of illustration but not limitation, federal and state income tax, Social
Security tax, unemployment insurance taxes, and any other taxes or business license fees as
required. If any taxing authority should deem Contractor or Contractor employees an employee of
the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor's
responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest,
and penalties imposed upon the City.
The City is exempt from paying state and local sales/use taxes and certain federal excise taxes
and will furnish an exemption certificate upon request.
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RFQ #09-20, EXHIBIT A
STANDARD TERMS AND CONDITIONS
S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor may
be offset by any delinquent amounts due the City or fees and charges owed to the City.
S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral
presentations, meetings where vendors answer questions, other submissions, correspondence,
and all records made thereof, as well as negotiations or meetings where negotiation strategies are
discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with
Chapters 119 and 286, Florida Statutes.
Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure
until such time that the City provides notice of an intended decision or until 30 days after opening
the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB
and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain
exempt from public disclosure until such time that the City provides notice of an intended decision
concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall
not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all
proposals or replies.
Oral presentations, meetings where vendors answer questions, or meetings convened by City staff
to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in
compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed
meeting. The recording of, and any records presented at, the exempt meeting shall be available to
the public when the City provides notice of an intended decision or until 30 days after opening
proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant
to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records
presented at the exempt meeting remain exempt from public disclosure until such time that the City
provides notice of an intended decision concerning the reissued ITB or until the City withdraws the
reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt
from public disclosure longer than 12 months after the initial City notice rejecting all proposals or
replies.
In addition to all other contract requirements as provided by law, the contractor executing
this agreement agrees to comply with public records law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.CaII(mvclearwater.com,
112 S. Osceola Ave., Clearwater, FL 33756.
The contractor'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.
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.
3
RFQ #09-20, EXHIBIT A
STANDARD TERMS AND CONDITIONS
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.
9)
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 eight (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 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 eight (8) business days after the
notice is sent is not liable for the reasonable costs of enforcement.
S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five
(5) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor's place of
business or at City offices, as determined by the City.
4
RFQ #09-20, EXHIBIT A
STANDARD TERMS AND CONDITIONS
S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City's information, data, or facilities in accordance with the City's current
background check policies. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or
entity may provide services under this Agreement. If the City objects to any Contractor personnel
for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City,
remove any such individual from performance of services under this Agreement.
S.17 DEFAULT.
a.
b.
A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary
bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any
similar action that affects Contractor's capability to perform under the Agreement; (ii) is the
subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii)
conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out
any term, promise, or condition of the Agreement.
Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with the City's Purchasing Policy and
Procedures Manual.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty
(30) day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably
calculated to provide notice of the nature and extent of such default. Failure of the non -
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor's intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. in the event of default:
a. The non -defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and
costs.
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RFQ #09-20, EXHIBIT A
STANDARD TERMS AND CONDITIONS
c. The non -defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days' written notice.
S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S.
Section 112, the City may cancel this Agreement after its execution, without penalty or further
obligation, if any person significantly involved in initiating, securing, drafting, or creating the
Agreement for the City becomes an employee or agent of Contractor.
S.22 TERMINATION FOR NON -APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor's properly prepared final
invoice.
S.24 NON -WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
S.25 INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor -provided
supplies or services.
6
RFQ #09-20, EXHIBIT A
STANDARD TERMS AND CONDITIONS
S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman -like and professional manner. The City's acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City's reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
S.27 THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City's right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City's request and expense, furnish to the City reasonable assistance and
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public
officer or employee within the last two (2) years shall not represent another organization before the
City on any matter for which the officer or employee was directly concerned and personally
participated in during their service or employment or over which they had a substantial or material
administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and -allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not release
Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
7
RFQ #09-20, EXHIBIT A
STANDARD TERMS AND CONDITIONS
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with
each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City's use or operation of the items provided by Contractor hereunder or any
part thereof by reason of any alleged infringement, Contractor will, at its expense and without
limitation, either: (a) modify the item so that it becomes non -infringing; (b) procure for the City the
right to continue to use the item; (c) substitute for the infringing item other item(s) having at least
equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable
usage, from the time of installation acceptance through cessation of use, which amount will be
calculated on a useful life not Tess than five (5) years, plus any additional costs the City may incur
to acquire substitute supplies or services.
S.37 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing
Administrator and/or an authorized representative from the using department. All questions
regarding the agreement will be referred to the administrator for resolution. Supplements may be
written to the agreement for the addition or deletion of services. Payment will be negotiated and
determined by the contract administrator(s).
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Florida government agencies, including the Tampa Bay Area Purchasing
Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use
by other municipalities, school districts and government agencies in the State of Florida with the
approval of Contractor. Any such usage by other entities must be in accordance with the statutes,
codes, ordinances, charter and/or procurement rules and regulations of the respective government
agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City's
Purchasing Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided
by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or
registered mail, receipt will be deemed effective three (3) calendar days after being deposited in
the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective
two (2) calendar days after the sending thereof.
8
RFQ #09-20, EXHIBIT A
STANDARD TERMS AND CONDITIONS
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The
exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this
Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
9
HARVARD*JOLLY
ARCHITECTURE
Harvard Jolly Architecture
WORK ORDER INITIATION FORM
for the CITY OF CLEARWATER
Date: 1/31/20
Consultant Project Number: 20002.00
City Project Number: 18 -0004 -PD
City Plan Set Number: 2020001
1. PROJECT TITLE:
Design Consulting Services—Clearwater Police Department District 3 Substation
2. SCOPE OF SERVICES:
The project scope shall include Architectural Design, Structural Engineering, Mechanical/Electrical/
Plumbing/Fire Protection Engineering, Civil Engineering, Geotechnical Engineering, Landscape and
Irrigation Design, Site Lighting, Interior Design, Furniture Selection and Procurement, IT and
Communications Design, Security Design, Audio/Visual Design, and Rendering services. Acoustical
analysis of the existing gun range will also be provided.
I. SCHEMATIC DESIGN PHASE
1. HJA shall produce a Schematic Design (SD) package including design documents and
project narratives. The SD package shall include schematic architectural site plans,
schematic floor plans, and (2) photo -realistic renderings. Our interior designers will
also meet with you to establish basis of design concepts in key spaces, offices and
public areas. We will have narrative descriptions for all disciplines. HJA shall submit
the 100% SD package to the City for review and approval.
2. HJA shall coordinate with the Construction Manager (CM) on producing a Schematic
Design cost estimate, and/or provide a square foot -based cost estimate to the City.
3. Based on the site plan provided in the Long and Associates report, HJA's structural
engineer and civil engineer have recommended locations for geotechnical borings.
HJA's geotechnical consultant will complete such borings and analysis.
II. DESIGN DEVELOPMENT PHASE
1. HJA shall produce a Design Development (DD) package based upon approved SD
documents. The DD package shall include:
a. Architectural Site
i. Architectural site plan
WORK ORDER INITIATION FORM 1 of 13 Revised: 7/22/2019
b. Architectural
i. Code analysis
ii. Life safety plans
iii. Architectural floor plans
iv. Furniture, fixtures and equipment plans
v. Building elevations
vi. Building sections
vii. Typical wall sections
viii. Roof plans
ix. Reflected ceiling plans
x. Door schedules
xi. Typical exterior glazing elevations
xii. Typical casework elevations
c. Interior Design
i. Preliminary color and material selections
ii. Illustrations including specially designed items or elements
d. Structural Engineering
i. Preliminary foundation plan and wall design
ii. Preliminary framing plans
e. Fire Protection
i. Preliminary fire protection performance criteria indicating area hazard
classifications and fire suppression system types used
ii. Preliminary fire suppression plans
iii. Preliminary standpipe and sprinkler schematics
f. Fire Alarm
i. Preliminary fire alarm system plans
g. Mechanical Engineering
i. Preliminary HVAC duct and equipment plans
ii. Preliminary HVAC piping plans
iii. Preliminary equipment schedules
iv. Building load analysis
h. Plumbing Engineering
i. Preliminary domestic water, hot water, waste and vent plans
ii. Preliminary plumbing fixture schedules
i. Electrical Engineering
i. Preliminary power plans
ii. Preliminary panelboard schedules and one-line diagrams
iii. Preliminary lighting plans and schedules
iv. Preliminary site power, lighting and telecommunication plan
v. Preliminary generator sizing
vi. Preliminary solar energy specification based on design-build approach
Communications, Technology, Security, Audio Visual Design
i. Telecommunications room layouts
ii. Preliminary plans for communications, data, CATV, A/V, and security
equipment infrastructure. Security system to follow City standards.
J•
WORK ORDER INITIATION FORM 2 of 13 Revised: 7/22/2019
iii. Preliminary data and telecommunications one -line diagrams
iv. Outline or schedule of communications systems
k. Civil Engineering
i. Preliminary utility research
ii. Preliminary potable water demand and analysis of fire hydrant flow
information to determine adequacy of existing water supply
flow/pressure
iii. Preliminary stormwater calculations and system design
iv. Preliminary engineering design plan including potable water distribution
system, site fire protection system, sanitary sewer collection system
layout, stormwater treatment pond and/or vault configurations, and
locations of proposed sidewalks, building setbacks and general pavement
dimensions. A site data chart will be included on the plan.
v. Preliminary drawings for rehab or replacement of the on-site lift station
1. Landscape Architecture
i. Landscape buffers defined
ii. Tree mitigation requirements
iii. Preliminary planting and irrigation plans
m. Outline specifications for all disciplines
2. At the completion of the Design Development phase, HJA shall provide the DD
package to the City for review and approval.
3. HJA shall coordinate with the Construction Manager (CM) on producing a Design
Development cost estimate.
III. CONSTRUCTION DOCUMENTS PHASE
1. HJA shall produce a Construction Documents package based upon approved DD
documents. The CD package shall include:
a. Architectural Site
i. Architectural site plan
ii. Typical architectural site details
b. Architectural
i. Code analysis
ii. Life safety plans
iii. Demolition plans and requirements
iv. Architectural floor plans
v. Furniture, fixtures and equipment plans
vi. Building elevations
vii. Building sections
viii. Wall sections and details
ix. Roof plans and details
x. Reflected ceiling plans and details
xi. Enlarged detail plans as needed
xii. Door and hardware schedules, elevations and details
xiii. Exterior and interior glazing elevations and details
xiv. Casework elevations and details
xv. UL assemblies
xvi. Plan details as needed
WORK ORDER INITIATION FORM 3 of 13 Revised: 7/22/2019
c. Interior Design
i. Finish schedule
ii. Floor pattern plans as needed
iii. Interior elevations as needed
iv. Interior finish details as needed
d. Structural Engineering
i. Foundation plan and wall design
ii. Framing plans
iii. Structural member sizes and type of construction
iv. Code required structural calculations
v. Wall sections and details
e. Fire Protection
i. Fire protection performance criteria indicating area hazard classifications
and fire suppression system types used. Statement of codes used and
design requirements.
ii. Fire suppression plans showing locations of water mains, valve and alarm
assemblies and risers
iii. Standpipe and sprinkler schematics
f. Fire Alarm
i. Fire alarm system plans
g. Mechanical Engineering
i. HVAC duct and equipment plans
ii. HVAC piping plans
iii. Enlarged equipment room plans
iv. Equipment schedules
v. HVAC sections and details as required
vi. HVAC equipment diagrams
vii. HVAC controls diagrams and sequences of operation
viii. Building HVAC loads
h. Plumbing Engineering
i. Domestic water, hot water, waste and vent plans
ii. Enlarged equipment room plans for hot and cold water generation
systems as needed
iii. Plumbing fixture schedules
iv. Plumbing riser diagrams and details
i. Electrical Engineering
i. Electrical power plans
ii. Panelboard schedules and one -line diagrams
iii. Lighting plans and schedules
iv. Electrical equipment room layouts
v. Site power, lighting and telecommunication plan
vi. Generator sizing
Communications, Technology, Security, Audio Visual Design
i. Telecommunications room layouts showing proposed rack and cabinet
layouts, cable tray layout, locations of conduit pathways to floors above
and locations of computer room air conditioning units
ii. Telecommunications infrastructure plan
iii. Lightning protection plans and details
WORK ORDER INITIATION FORM 4 of 13 Revised: 7/22/2019
iv. Grounding for communication equipment plans and details
v. Communications, data, CATV, A/V, and electronic security infrastructure
plans including device locations and major raceway locations. Security
system to follow City standards.
vi. Data and communications one -line diagrams.
vii. Schedule of communications systems including duct banks and raceways,
security systems, A/V systems, and technology equipment indicating
what is to be provided and/or installed by the GC and what is to be
provided and/or installed by the City.
k. Civil Engineering
i. Dimension plan for paving, parking, buildings, utilities, and other site
features
ii. On-site paving, grading and drainage plan
iii. On-site water distribution system with fireline (with connection to an
existing water main within the project limits)
iv. Sanitary sewer collection system with a rehab or replacement of the on-
site lift station with force main connection to the collection system
v. Reclaimed water connection to site
vi. Appropriate cross-sections, construction details and plan specifications
I. Landscape Architecture
i. Tree mitigation requirements
ii. Planting plans, schedules and details
iii. Irrigation plans, schedules and details
m. Full specifications for all disciplines
2. HJA shall issue the Construction Documents package to the City and Construction
Manager for bidding and permitting.
3. HJA shall coordinate with the Construction Manager (CM) on producing a Construction
Documents cost estimate.
IV. BIDDING PHASE
1. HJA shall provide the documents to the City and/or Construction Manager for
permit application.
2. HJA shall respond in writing to plan review comments and issue addenda as
necessary to address comments.
3. HJA shall attend a pre-bid conference as scheduled by the Construction
Manager.
4. HJA shall respond in writing to pre-bid RFIs and requests for substitution and
issue addenda as necessary for clarification.
V. CONSTRUCTION ADMINISTRATION PHASE
1. HJA shall participate in Owner/Architect/Construction Manager meetings and
provide field reports on construction progress twice per month.
2. HJA shall respond to the Construction Manager's requests for information
within 7 calendar days.
3. HJA (or the appropriate sub -consultant) shall review and approve shop drawings
and product data provided by the Construction Manager. HJA shall be allowed
15 days to review submittals, or 21 days for submittals that require reviews by
HJA's consultants.
WORK ORDER INITIATION FORM 5 of 13 Revised: 7/22/2019
4. HJA shall review change orders, contingency use authorizations, etc.
5. HJA shall issue Architect's Supplemental Instructions and Proposal Requests as
necessary.
6. HJA shall review and participate in the creation of the CM's punch list, certify
that the work is satisfactorily completed, and issue certificates for Substantial
and Final Completion.
7. HJA will review and approve/sign the CM's Application and Certification for
Payment.
8. HJA shall advise and consult with the City during the Construction Phase
Services. HJA shall have authority to act on behalf of the City only to the extent
provided in this Agreement. HJA shall not have control over, charge of, or
responsibility for the construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the
Work, nor shall HJA be responsible for the Construction Manager's failure to
perform the Work in accordance with the requirements of the Contract
Documents. HJA shall be responsible for HJA's and our consultants' negligent
acts or omissions, but shall not have control over or charge of, and shall not be
responsible for, acts or omissions of the Contractor or of any other persons or
entities performing portions of the Work.
9. HJA shall visit the site at intervals appropriate to the stage of construction, to
become generally familiar with the progress and quality of the portion of the
Work completed, and to determine, in general, if the Work observed is being
performed in a manner indicating that the Work, when fully completed, will be
in accordance with the Contract Documents. However, HJA shall not be required
to make exhaustive or continuous on-site inspections to check the quality or
quantity of the Work. On the basis of the twice monthly site visits, HJA shall
keep the City reasonably informed about the progress and quality of the portion
of the Work completed, and promptly report to the City (1) known deviations
from the Contract Documents, (2) known deviations from the most recent
construction schedule submitted by the Construction Manager, and (3) defects
and deficiencies observed in the Work.
VI. FURNITURE PLANNING
1. Harvard Jolly Interiors shall create a furniture checklist to evaluate available products and
identify those that best meet project requirements. The checklist will facilitate a
consistent approach during furniture product inquiry and evaluation, enable effective
design team and client communication, and provide a framework for comparing products
and evaluating the best product to meet the client's budget. The furniture planning
process includes the following:
a. Project management
b. Needs analysis
c. Facilitation of user group meetings
d. Budget management and variance reporting
e. Planning and Programming of new furniture based off of products available on
State of Florida Contract
f. Online access to detailed furniture specifications
g. Evaluation of furniture choices for their durability, flexibility to be reconfigured
and moved, ergonomics, ease of maintenance, warranties, availability of
replacement components
WORK ORDER INITIATION FORM 6 of 13 Revised: 7/22/2019
h. Coordination of technical data with architects and engineers
i. Technical drawings of furniture placement and furniture codes
j. Furniture specification spreadsheets with finishes (electronically)
k. Assist the Owner with review of Dealership Quotes (The furniture dealer will be
responsible for checking actual quantities based on the coded and approved
plans and specifications)
I. Assistance with the Coordination of Procurement (by the City)
m. Installation - Available to assist the Owner on site (if required)
n. Post Occupancy evaluation
o. On site Meetings and site visits shall be limited to five (5).
VII. POST CONSTRUCTION
1. HJA will provide a one-year warranty review report when requested by the City.
VIII. COMMISSIONING
1. HJA's consultant MEP firm will provide Commissioning services needed to comply with
Minimum Florida Building Code requirements. This firm would act as the Commissioning
Agent and would provide the following tasks:
a. Create a Commissioning plan outlining responsibilities for Owner,
Commissioning agent and contractors.
b.Provide checklists for contractors to complete during construction.
c. On site observations to confirm checklist items completed.
d.HVAC controls validation
e. Lighting controls validation
f. Documentation of all efforts in a Commissioning report
g. General Administrative efforts.
3. PROJECT GOALS:
We understand the project scope to be architectural and engineering services for a new
Clearwater Police Department District 3 Substation (PDS3), located on 2851 McMullen -Booth
Road, Clearwater, Florida. The new station will be a replacement of the existing station on the
same site. The primary goal in the redevelopment of this facility is to provide the Clearwater
Police Department with a hardened command center and personnel shelter for use during a
Category 5 hurricane. The building will be designed for resiliency. It will be designed for a
minimum 50 -year service life and will be designed to resist wind pressures of a low-end
Category 5 hurricane. The total project budget is $12 million (2019 dollars). The design is to
follow Concept Plan Scheme 1 of the Facility Redevelopment Master Plan completed by Long
and Associates in 2018, which is attached for reference. Access to the existing canine and
impound lots and gun range shall be maintained at all times during design and construction. The
project will be designed to meet the sustainable design guidelines of a LEED Silver building but
will not be certified. The project will be constructed via the Construction Manager at Risk (CM)
process. As part of the project, the City would like to look into additional sound mitigation for
the existing gun range as well as replace or rehab the existing lift station.
4. BUDGET:
This price includes all labor and expenses anticipated to be incurred by Harvard Jolly
Architecture for the completion of these tasks in accordance with Task 3 Professional Services
WORK ORDER INITIATION FORM 7 of 13 Revised: 7/22/2019
Method "A" costs times a multiplier and Tasks 1-2 Professional Services Method "B" — Lump
Sum — Percentage of Completion by Task for a fee not to exceed Nine Hundred Sixty Six
Thousand, Two Hundred Thirty Dollars ($966,230.00).
Any required permit agency application fees will be considered a direct expense to the Owner
and are not included.
5. SCHEDULE:
Upon Notice to Proceed, the design team will have the following schedule to complete the
design:
Schematic Design: 2 months
Owner Review: 3 weeks
Design Development: 2 months
Owner Review: 3 weeks
Construction Documents: 3 months
HJA will provide 3 weeks in between each design phase for Owner review and approval and
pricing. HJA will not proceed into the next design phase until the City provides review comments
as necessary and written authorization to proceed into the next phase.
6. STAFF ASSIGNMENT (Consultant):
Ward Friszolowski, Principal in Charge
Amy Weber, Project Manager
Emmet Van Aken, Project Architect
Jeff Coulter, Designer/Production & Construction Administrator
Michelle Hackenwerth, Interior Designer
Jim Clees, Landscape Architect
7. CORRESPONDENCE/REPORTING PROCEDURES:
ENGINEER's project correspondence shall be directed to:
Amy Weber
a.weber@harvardiolly.com
Office Phone: 727-896-4611
Cell Phone: 727-452-8321
All City project correspondence shall be directed to:
Ivan Dimitrov with copies to others as may be appropriate.
8. INVOICING/FUNDING PROCEDURES:
For work performed, invoices shall be submitted monthly to the:
WORK ORDER INITIATION FORM 8 of 13 Revised: 7/22/2019
City of Clearwater, Engineering Department
Att. Veronica Josef, Senior Staff Assistant
PO Box 4748
Clearwater, Florida 33758-4748.
City Invoicing Code: PD00180001-DSGN-PROSVC
9. INVOICING PROCEEDURES
At a minimum, in addition to the invoice amount(s) the following information shall be provided
on all invoices submitted on the Work Order:
A. Purchase Order, Project and Invoice Numbers and Contract Amount.
B. The time period (begin and end date) covered by the invoice.
C. A short narrative summary of activities completed in the time period
D. Contract billing method — Lump Sum or Cost Times Multiplier
E. If Lump Sum, the percent completion, amount due, previous amount earned and total
earned to date for all tasks (direct costs, if any, shall be included in lump sum amount).
F. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice
amounts by funding code.
10. SPECIAL CONSIDERATIONS:
The consultant named above is required to comply with Section 119.0701, Florida Statutes
(2013) where applicable.
1. This proposal expires 30 days from the date of this proposal. Accordingly, base bid pricing
and hourly rates are subject to increase after the time period noted.
2. The City will provide a site survey and a hazardous materials survey and hazardous
materials removal.
3. Furniture selection will utilize State Contract.
4. Cost estimating is limited to per -square -foot cost estimates. Detailed cost estimating is
assumed to be provided by the Construction Manager and is therefore excluded. Harvard
Jolly can provide detailed cost estimating services upon request for an additional fee.
5. The programming and site evaluation/selection process by Long and Associates is
assumed to be accurate and complete. HJ's proposal includes a cursory review of the Long
and Associates program, but does not include a complete building programming process.
6. The following services are excluded from the fee proposal above:
a. Traffic study
b. Detailed cost estimating
c. As -Built Documents
d. Energy Model (Beyond FBC Requirements)
e. LEED/Green Globes/other Sustainability Certification
f. Commissioning beyond minimum Florida Building Code requirements
g. Accelerated/fast track scheduling
h. Selection of artwork and accessories
i. Virtual reality renderings
WORK ORDER INITIATION FORM 9 of 13 Revised: 7/22/2019
j. Measured drawings
k. Development of Building Information Models for post -construction use
I. Life cycle cost analysis
m. On-site project representation
n. Post -occupancy evaluation
o. Facility support services
p. Architect's coordination of the City's consultants
q. Threshold inspections
r. Changes initiated by the Owner after approvals
s. Any service not specifically listed
7. Additional services will only be undertaken upon written approval of the client. Additional
services shall constitute work not described (or in excess of that described) in this
proposal. Estimates can be provided upon request.
8. The City and CPD agree to render decisions in a timely manner so as not to delay the
orderly and sequential progress of HJA's services. Document review comments shall be
furnished by the City/CPD, and HJA shall be entitled to rely upon the accuracy and
completeness therof.
9. Deliverables are to be provided at the 100% completion of each design phase: Schematic
Design, Design Development and Construction Documents. Owner Review periods are
provided in HJA's schedule at the completion of Schematic Design and Design
Development.
10. Any required permit agency application fees will be considered a direct expense to the
Owner and are not included.
11. Application preparation and attendance at public meetings for variances, conditional use
permits, special exemptions or re -zonings are not anticipated as a requirement and are
not included.
12. As -Built PDF and/or CAD drawings are not included in this proposal. HJA can provide As -
Built drawings based on Construction Manager redlines, but the extent of this scope
cannot be determined until HJA receives the contractor's markups. Upon completion of
construction and receipt of the Construction Manager's markups, HJA can provide a
proposal to the City for this service. Civil site Record Drawings, showing appropriate
record information based on survey data supplemented with Project annotated record
documents received from the Contractor, are included and will be furnished to the City
and applicable governmental authorities.
13. HJA shall perform our services consistent with the professional skill and care ordinarily
provided by architects practicing in the same or similar locality under the same or similar
circumstances. We shall perform our services as expeditiously as is consistent with such
professional skill and care and the orderly progress of the project.
14. The City shall include HJA in all communications with the Construction Manager that
relate to or affect HJA's services or professional responsibilities. The City shall promptly
notify HJA of the substance of any direct communications between the City and the
Construction Manager otherwise relating to the Project. Communications by and with
HJA's consultants shall be through HJA.
WORK ORDER INITIATION FORM 10 of 13 Revised: 7/22/2019
15. To the fullest extent permitted by law, the City agrees to limit HJA's total liability for the
City's damages to the amount of Two Million Dollars ($2,000,000), covering claims arising
out of the performance of professional service under this Agreement and caused by error,
omission or negligent acts for which HJA is legally liable. This limitation shall apply
regardless of the cause of action or legal theory pled or asserted.
PREPARED BY: APPROVED BY:
Amy Weber, AIA
Vice President
Harvard Jolly Architecture
1/31/20
Date
Tara Kivett, PE
City Engineer
City of Clearwater
Date
WORK ORDER INITIATION FORM 11 of 13 Revised: 7/22/2019
Attachment "A"
CLEARWATE
$RIGHT Aft B%AtiTiFU1. BAY TO BEACH
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
WORK ORDER INITIATION FORM
CITY DELIVERABLES
1. FORMAT
The design plans shall be compiled utilizing the following methods:
1. City of Clearwater CAD standards.
2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical
Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of
measurement shall be the United States Foot. Any deviation from this datum will not be
accepted unless reviewed by City of Clearwater Engineering/Geographic Technology
Division.
2. DELIVERABLES
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20' unless
approved otherwise. Upon completion the consultant shall deliver all drawing files in digital
format with all project data in Autodesk Civil 3D file format. If not available Land Desktop files
are still acceptable, however the City or Clearwater is currently phasing out Land Desktop.
NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall
include all necessary information to aid in manipulating the drawings including either PCP, CTB
file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line
types or other attributes contained in the standard release of Autodesk, Inc. software. All block
references and references contained within the drawing file shall be included. Please address
any questions regarding format to Mr. Tom Mahony, at (727) 562 4762 or email address
Tom.Mahony@myClearwater.com.
All electronic files (CAD and Specification files) must be delivered upon completion of project or
with 100% plan submittal to City of Clearwater.
WORK ORDER INITIATION FORM 12 of 13 Revised: 7/22/2019
Attachment "B"
Clearwater Police Dept. Substation 3
Harvard Jolly Architecture
WORK ORDER INITIATION FORM
PROTECT BUDGET
Task
Description
Subconsultant
Services
Labor
Total
1.0
Architectural and Engineering Services*
1.1
Schematic Design
$29,106
$112,400
$141,506
1.2
Design Development
$41,106
$100,400
$141,506
1.3
Construction Documents
$78,687
$168,948
$247,635
1.4
Bidding
$9,527
$25,850
$35,377
1.5
Construction Administration
$32,106
$109,400
$141,506
Subtotal
$707,530
2.0
Other Services
2.1
Civil Engineering
$60,000
$0
$60,000
2.2
Lift Station Design
$8,000
$0
$8,000
2.3
Landscape and Irrigation Design
$0
$25,000
$25,000
2.4
Geotechnical Engineering
$13,500
$0
$13,500
2.5
Interior Design
$0
$35,000
$35,000
2.6
Furniture Selection and Procurement
$0
$25,000
$25,000
2.7
IT/Communications/Security/Audiovisual Design
$32,200
$0
$32,200
2.8
Renderings
$0
$10,000
$10,000
2.9
Acoustical Analysis Allowance
$0
$20,000
$20,000
2.10
As -Built Documents
NIC**
NIC**
NIC**
2.11
Commissioning Services
$10,000
$0
$10,000
Subtotal
238,700
Subtotal, Labor and Subcontractors
$946,230
Permit Review Fees
NIC
3.0
Other Direct Costs (prints, photocopies, postage, etc.)
$20,000
Grand Total
$966,230
* Includes architectural services, structural engineering, and mechanical/plumbing/electrical/fire
protection engineering
**Proposal can be provided at construction completion at City's request.
WORK ORDER INITIATION FORM 13 of 13 Revised: 7/22/2019
RFQ #09-20, EXHIBIT C INSURANCE REQUIREMENTS
5. EXPERIENCE & QUALIFICATIONS. Respondents must demonstrate the necessary ability,
financial resources, and experience to perform the work in a satisfactory manner. Each respondent
shall demonstrate a thorough understanding of the City's planning and development codes and
policies and procedures as it relates to land development and construction. Past experience
providing design and construction administration service of building projects, particularly police
stations.
6. INSURANCE REQUIREMENTS. The Contractor (respondent) 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 Contractor's deductible or self-insured
retention and to require that it be reduced or eliminated.
Specifically the Contractor 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. Specific work may require additional coverage on
a case by case basis:
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 Contractor 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 Contractor'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 Contractor 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
Tess 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.
f. Pollution Liability Insurance Coverage, which covers any and all losses caused by pollution
conditions (including sudden and non -sudden pollution conditions) arising from the servicing
and operations of Vendor (and any subcontractors, representatives, or agents) involved in the
Consulting Services — PDS3
8 RFQ #09-20
RFQ #09-20, EXHIBIT C INSURANCE REQUIREMENTS
work/transport in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
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
Contractor 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, Contractor 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
Attn: Purchasing, RFQ #09-20
P.O. Box 4748
Clearwater, FL 33758-4748
b. Contractor shall provide thirty (30) days written notice of any cancellation, non -renewal,
termination, material change or reduction in coverage.
c. Contractor's insurance as outlined above shall be primary and non-contributory coverage for
Contractor's negligence.
d. Contractor reserves the right to appoint legal counsel to provide for the Contractor's defense,
for any and all claims that may arise related to Agreement, work performed under this
Agreement, or to Contractor's design, equipment, or service. Contractor agrees that the City
shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor
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 Contractor's obligation to provide the insurance coverage
specified.
Consulting Services — PDS3
9 RFQ #09-20
REQUEST FOR QUALIFICATIONS
Design Consulting Services —
Clearwater Police Department District 3 Substation
RFQ #09-20
October 18, 2019
NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of
Clearwater (City) until 10:00 AM, Local Time, November 19, 2019 to provide Professional Design
Consulting Services for the Clearwater Police Department District 3 Substation.
Brief Description: The City of Clearwater is seeking a firm to provide design services for redevelopment
of the Clearwater Police Department District 3 Substation located at 2851 McMullen -Booth Road,
Clearwater, Florida.
Responses must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by Purchasing until the above noted time, when they will be publicly acknowledged and
accepted.
This Request for Qualifications, any attachments and addenda are available for download at
https://www.myclearwater.com/business/rfP.
Please read the entire solicitation package and submit the response in accordance with the instructions.
This document (less this invitation and the instructions) and any required documents, attachments, and
submissions will constitute the response.
General, Process, or Technical Questions concerning this solicitation should be directed, IN
WRITING, to the Procurement contact below:
This Request for Qualifications is issued by:
Lori Vogel, CPPB
Sr. Procurement Analyst
Lori.Vogel mvclearwater.com
Purchasing Office
100 S Myrtle Ave
Clearwater FL 33756-5520
PO Box 4748, 33578-4748
727-562-4630 Tel
INSTRUCTIONS
i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation
process (including requests for ADA accommodations), shall be directed solely to the Contact listed
on Page One (1). Questions should be submitted in writing via letter, fax or email. Questions
received less than seven (7) calendar days prior to the due date and time may be answered at the
discretion of the City.
i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an
addendum. Addenda are posted on the City website and mailed to those who register on the City
website when downloading solicitations no less than seven (7) days prior to the Due Date. Vendors
are cautioned to check the Purchasing Website for addenda and clarifications prior to
submitting their response. The City cannot be held responsible if a vendor fails to receive any
addenda issued. The City shall not be responsible for any oral changes to these specifications
made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may
result in disqualification of a response.
i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING:
Date: November 19, 2019
Time: 10:00 AM (Local Time)
The City will open all responses properly and timely submitted and will record the names and other
information specified by law and rule. All responses become the property of the City and will not
be returned except in the case of a late submission. Respondent names, as read at the opening,
will be posted on the City website. Once a notice of intent to award is posted or 30 days from day
of opening elapses, whichever occurs earlier, responses are available for inspection by contacting
Purchasing.
i.4 SUBMIT RESPONSES TO: Use label at the end of this solicitation package
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave, 3rd FI, Clearwater FL 33756-5520
or
PO Box 4748, Clearwater FL 33758-4748
Responses will be received publicly at this address. Respondents may mail or hand -deliver
responses. E-mail or fax submissions will not be accepted.
No responsibility will attach to the City of Clearwater, its employees or agents for premature
opening of a response that is not properly addressed and identified.
i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered
on time at the place specified. All responses received after the date and time specified shall not
be considered and will be returned unopened to the respondent. The respondent assumes the risk
of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any
private courier, regardless whether sent by mail or by means of personal delivery. It shall not be
sufficient to show that you mailed or commenced delivery before the due date and time. All times
are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City
Purchasing Office as the official time.
i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the
process or the award, between any person or affiliates seeking an award from this solicitation and
the City is prohibited. This section shall not prohibit public comment at any City Council meeting,
study session or Council committee meeting. This prohibition shall not apply to communication
with the contact(s) identified in the solicitation or City -initiated communications for the purposes of
conducting the procurement including but not limited to clarification of responses, presentations if
provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non-
responsive vendors.
Consulting Services — PDS3
2 RFQ #09-20
INSTRUCTIONS
i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the
solicitation will not excuse any failure to comply with the requirements of the solicitation or any
resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor
suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in
any case not later than seven (7) business days in advance of the due date notify the contact on
page One (1). The City is not responsible for and will not pay any costs associated with the
preparation and submission of the response. Respondents are cautioned to verify their responses
before submission, as amendments to or withdrawal of responses submitted after time specified
for opening of responses may not be considered. The City will not be responsible for any
respondent errors or omissions.
i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall
be submitted on the forms provided. An original and the designated number of copies of each
response are required. Responses, including modifications, must be submitted in ink, typed, or
printed form and signed by an authorized representative. Please line through and initial rather than
erase changes. If the response is not properly signed or if any changes are not initialed, it may be
considered non-responsive. The City may require that an electronic copy of the response be
submitted. The response must provide all information requested and must address all points. The
City does not encourage exceptions. The City is not required to grant exceptions and depending
on the exception, the City may reject the response.
i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise
lawfully precluded from participating in any public procurement activity, including being disapproved
as a (sub)contractor with any federal, state, or local government, or if any such preclusion from
participation from any public procurement activity is currently pending, the respondent shall include
a letter with its response identifying the name and address of the governmental unit, the effective
date of this suspension or debarment, the duration of the suspension or debarment, and the
relevant circumstances relating to the suspension or debarment. If suspension or debarment is
currently pending, a detailed description of all relevant circumstances including the details
enumerated above must be provided. A response from a respondent who is currently debarred,
suspended or otherwise lawfully prohibited from any public procurement activity may be rejected.
i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to
reissue the solicitation; to reject non-responsive or non -responsible responses; to reject
unbalanced responses; to reject responses where the terms and/or awards are conditioned upon
another event; to reject individual responses for failure to meet any requirement; to award by part
or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions,
technicalities or form errors in any response. The City may seek clarification of the response from
respondent at any time, and failure to respond is cause for rejection. Submission of a response
confers on respondent no right to an award or to a subsequent contract. The City is responsible to
make an award that is in the best interest of the City. All decisions on compliance, evaluation,
terms and conditions shall be made solely at the City's discretion and made to favor the City. No
binding contract will exist between the respondent and the City until the City executes a written
contract or purchase order.
i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a
respondent may not be acknowledged or accepted by the City. Award or execution of a contract
does not constitute acceptance of a changed term, condition or specification unless specifically
acknowledged and agreed to by the City. The copy maintained and published by the City shall be
the official solicitation document.
i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service,
professionalism, economy, and government by law in the Procurement process. The responsibility
for implementing this policy rests with each individual who participates in the procurement process,
including respondents and contractors.
To achieve the purpose of this Article, it is essential that respondents and contractors doing
business with the City also observe the ethical standards prescribed herein. It shall be a breach of
ethical standards to:
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3 RFQ #09-20
INSTRUCTIONS
a. Exert any effort to influence any City employee or agent to breach the standards of ethical
conduct.
b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or
Services not provided.
c. Intentionally offer or provide sub -standard Materials or Services or to intentionally not comply
with any term, condition, specification or other requirement of a City Contract.
i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or
prospective respondents and affiliates.
i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in
the solicitation, believes the City improperly rejected its response, and/or believes the selected
response is not in the City's best interests, the respondent may submit a written protest. All protests
and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any
discrepancy exists between this Section and the Procurement Rules, the language of the
Procurement Rules controls.
Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before
the opening must be filed with the Purchasing Manager no later than five (5) business days before
Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10)
business days of the alleged violation of the applicable purchasing ordinance. The complete
protest procedure can be obtained by contacting Purchasing.
ADDRESS PROTESTS TO:
City of Clearwater - Procurement Office
100 So Myrtle Ave, 3rd FI
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
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4 RFQ #09-20
INSTRUCTIONS — EVALUATION
i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of
City employees and/or authorized agents. The City staff may or may not initiate discussions with
respondents for clarification purposes. Clarification is not an opportunity to change the response.
Respondents shall not initiate discussions with any City employee or official.
i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of
information: responsiveness, responsibility, and the technical response. All responses must meet
the following responsiveness and responsibility criteria.
a) Responsiveness. The City will determine whether the response complies with the instructions
for submitting responses including completeness of response which encompasses the
inclusion of all required attachments and submissions. The City must reject any responses
that are submitted late. Failure to meet other requirements may result in rejection.
b) Responsibility. The City will determine whether the respondent is one with whom it can or
should do business. Factors that the City may evaluate to determine "responsibility" include,
but are not limited to: past performance, references (including those found outside the
response), compliance with applicable laws, respondent's record of performance and integrity-
e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether
the respondent is qualified legally to contract with the City, financial stability and the perceived
ability to perform completely as specified. A respondent must at all times have financial
resources sufficient, in the opinion of the City, to ensure performance of the contract and must
provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally
available industry information. The City reserves the right to inspect and review respondent's
facilities, equipment and personnel and those of any identified subcontractors. The City will
determine whether any failure to supply information, or the quality of the information, will result
in rejection.
c) Technical Response. The City will determine how well responses meet its requirements in
terms of the response to the solicitation and how well the offer addresses the needs of the
project. The City will rank offers using a point ranking system (unless otherwise specified) as
an aid in conducting the evaluation.
The criteria that will be evaluated and their relative weights are:
Evaluation Criteria
Points
Qualifications (Tab 2)
30
Relevant Experience (particularly Police Stations) and References (Tab 3)
30
Technical Approach (Tab 4)
15
Work Plan and Schedule (Tab 5)
15
Quality Management Plan (Tab 6)
10
i.17 SHORT -LISTING. The City at its sole discretion may create a short-list of the highest scored
proposals based on evaluation against the evaluation criteria. Only those short-listed proposers
would be invited to give presentations and/or interviews. The City will finalize rankings of the
shortlisted firms as a result of the presentations/interviews.
i.18 PRESENTATIONS/INTERVIEWS. The respondent must provide a formal, presentation/interview
on-site at a City location upon request.
i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City
to accept the response as submitted. If respondent fails to sign all documents necessary to
successfully execute the final contract within a reasonable time as specified, or negotiations do not
result in an acceptable agreement, the City may reject response or revoke the award, and may
begin negotiations with another Respondent. Final contract terms must be approved or signed by
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5 RFQ #09-20
INSTRUCTIONS — EVALUATION
the appropriately authorized City official(s). No binding contract will exist between the respondent
and the City until the City executes a written contract or purchase order.
i.20 NOTICE OF INTENT TO AWARD. Notices of the City's intent to award a Contract are posted to
Purchasing's website. It is the respondent's responsibility to check the City of Clearwater's
Purchasing website at http://www.mvclearwater.com/bid to view Purchasing's Intent to Award
postings.
i.21 RFQ TIMELINE. All dates are tentative and subject to change.
Release RFQ: October 18, 2019
Advertise Tampa Bay Times: October 19, 2019
Responses due: November 19, 2019
Review responses/presentations: November 20, 2019 -December 5, 2019
Award recommendation: December 6, 2019
Council authorization: January 16, 2020
Contract begins: February 2020
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6 RFQ #09-20
DETAILED SPECIFICATIONS
1. PROJECT MISSION. The City of Clearwater is dedicated to providing superior services to its
customers in order to improve the quality of life for Clearwater residents, businesses and visitors.
The City is looking for vendors who share that dedication and will help the City meet that goal.
2. INTRODUCTION. The City of Clearwater (City) is seeking an architectural or engineering firm to
provide design consulting services related to Clearwater Police Department District 3 Substation
(PDS3), located on 2851 McMullen -Booth Road, Clearwater, Florida. The professional services
commence with providing a design associated with the redevelopment of the PDS3 Facility, and
resultant services for bidding, construction engineering inspection (CEI) services related to
redevelopment of PDS3.
3. BACKGROUND. The current District 3 Substation was constructed in 1983. Many of the
operational features and functional systems of the 35 -year-old building are obsolete by current
police standards. Building elements such as roofing and mechanical systems are nearing the end
of their service life. The main building was designed prior to the implementation of the Accessibility
Code and the toilet rooms and shower rooms, as well as some corridors and door access
clearances, are not in compliance with current requirements. Complete rehabilitation and
renovation of this existing building to meet all applicable current building, structural, accessibility
and life safety codes would be prohibitively expensive due to the age and nature of existing
materials and systems. The existing site and parking configuration do not provide adequate open
space for an addition of appropriate size to meet the current and projected space needs to support
the mission of this Substation.
4. SCOPE OF SERVICES. The primary goal in the redevelopment of this facility is to provide the
Clearwater Police Department with a hardened command center and personnel shelter for use
during a Category 5 hurricane. A master redevelopment study was completed in December 2018.
The total project budget is $12 million (2019 Dollars). Concept Plan Scheme 1 of the Facility
Redevelopment Master Plan (Exhibit A) shows the preferred conceptual site layout resulting from
the master redevelopment study. The project shall be constructed in a single phase, with the target
to begin construction in November 2020. The Police Department will be able to temporarily relocate
a portion of the existing activities off-site. Access to the existing canine & impound lots and gun
range shall be maintained at all times during design and construction, as they will remain in
operation. Sound mitigation berms shall remain on site.
Anticipated services include, but are not limited to design development, cost estimating,
construction drawings, specifications, bid documents, as -needed permit(s) acquisition and post -
design construction services through the duration of the project. Construction services shall include
shop drawing review, responding to RFI's, inspecting critical portions of the project, conducting
regular progress meetings with stakeholders, certifying drawings, certifying completed work as
necessary, and closeout of all permit(s). The design and construction shall include environmentally
sustainable high-performance systems, materials and landscaping.
The following building information is posted on the City's FTP site (note that access issues are
typically due to user's firewall settings):
FTP Site Access
ftp://ftgserver. mvclearwater.com
Logon user name: vendor
Logon password: clearwater (note lower case "c")
Directory: Purchasing
Folder: RFQ 09-20 Design Consulting Services — PDS3
• Exhibit A, Facility Redevelopment Master Plan. Existing and proposed site plans,
environmental issues, sustainability & energy use, building envelope, indoor environmental
quality, systems and infrastructure, furnishings and equipment provided by Long &
Associates dated December 6, 2018.
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7 RFQ #09-20
DETAILED SPECIFICATIONS
5. EXPERIENCE & QUALIFICATIONS. Respondents must demonstrate the necessary ability,
financial resources, and experience to perform the work in a satisfactory manner. Each respondent
shall demonstrate a thorough understanding of the City's planning and development codes and
policies and procedures as it relates to land development and construction. Past experience
providing design and construction administration service of building projects, particularly police
stations.
6. INSURANCE REQUIREMENTS. The Contractor (respondent) 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 Contractor's deductible or self-insured
retention and to require that it be reduced or eliminated.
Specifically the Contractor 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. Specific work may require additional coverage on
a case by case basis:
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 Contractor 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 Contractor'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 Contractor 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.
f. Pollution Liability Insurance Coverage, which covers any and all losses caused by pollution
conditions (including sudden and non -sudden pollution conditions) arising from the servicing
and operations of Vendor (and any subcontractors, representatives, or agents) involved in the
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8 RFQ #09-20
DETAILED SPECIFICATIONS
work/transport in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
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
Contractor will fumish 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, Contractor 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
Attn: Purchasing, RFQ #09-20
P.O. Box 4748
Clearwater, FL 33758-4748
b. Contractor shall provide thirty (30) days written notice of any cancellation, non -renewal,
termination, material change or reduction in coverage.
c. Contractor's insurance as outlined above shall be primary and non-contributory coverage for
Contractor's negligence.
d. Contractor reserves the right to appoint legal counsel to provide for the Contractor's defense,
for any and all claims that may arise related to Agreement, work performed under this
Agreement, or to Contractor's design, equipment, or service. Contractor agrees that the City
shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor
providing its defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of anv
potential liability to the City, and failure to request evidence of this insurance shall not be
construed as a waiver of Contractor's obligation to provide the insurance coverage
specified.
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9 RFQ #09-20
MILESTONES
1. ANTICIPATED BEGINNING OF CONTRACT. February 2020
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the delayed
execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty (30)
days prior to the expiration date of the contract.
3. TERMINATION. The City reserves the right to terminate the contract in part or in whole upon thirty
(30) calendar days' written notice
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10 RFQ #09-20
RESPONSE FORMAT
1. RESPONSE SUBMISSION - Submit one (1) signed original (identified as ORIGINAL) with seven
(7) copies of the Qualifications Response and ONE (1) electronic format copy on a disc or thumb
drive in a sealed envelope/container.
2. RESPONSE FORMAT — Qualifications shall be submitted in bound volumes on standard 8W x
11" paper (one [1] sheet of paper printed both sides equals two [2] pages). All information must be
assembled and indexed in the order indicated below. The page count shall include typed text,
graphics, charts and photographs, but does not include supporting documents for Tabs 7 and 8,
and the tabbed separator pages, cover page, and back page.
TAB 1 — Letter of Interest (two [2] pages). A letter of interest detailing qualifications, related
experience, ability to perform the work and to meet the evaluation criteria set forth herein.
Name, address, contact person and phone number, shall be provided.
TAB 2 —Qualifications (six [6] pages). Describe the firm's background, experience, and
qualifications of key personnel proposed to work on the project. Include resumes for key team
members (including subcontractors) demonstrating specific project experience relevant to the
project. Include an organizational chart and an affirmative statement indicating that the firm
and all assigned key professional staff are properly licensed to practice in Florida. Include the
expected amount of involvement for each consultant team member and confirm their
availability. Any change in key personnel after the contract award must be approved by the
City.
TAB 3 — Relevant Experience and References (four [4] pages). Provide information for three
(3) projects, preferably within the last 10 years, for which the firm has provided services closely
related to this scope of services. Include contact information for the projects including name,
position/title, email address, and phone number.
TAB 4 — Technical Approach (two [2] pages). Describe the firm's understanding of the project
and methodology for meeting the needs of the City. Include a summary of knowledge of local
conditions, City permitting processes, local codes and ordinances, and challenges.
TAB 5 — Work Plan and Schedule (four [4] pages). Provide a detailed work plan, including a
tentative schedule to complete the feasibility study including estimated number of hours per
task, by personnel/position, and durations for design and construction phases.
TAB 6 — Quality Management Plan (two [2] pages). Provide detailed information as to the firm's
Quality Assurance/Quality Control policy. Indicate specific steps conducted for technical
review of any type of deliverable prior to submission to a client. Identify standard processes
used and key factors that demonstrate the policy is successful and effective. Explain
methodology of project reporting systems, scheduling, cost estimating, constructability reviews,
value engineering, and QA/QC procedures for municipal projects.
TAB 7 — Litigation. NOTE: this is not considered Confidential or Proprietary information —
any response indicating such will be deemed non-responsive to the RFQ.
1. Provide a complete listing of any convictions or fines incurred by the respondent firm or
any of its principals for violations of any state or federal law within the past three (3) years.
Identify firm's executives who have current claims or who have participated in litigation
against the City of Clearwater while with another firm. Executives of firms currently under
litigation with the City may not be considered for this project.
2. Provide a complete listing of all litigation involving a construction project or contract
(excluding personal injury and workers' compensation) whether currently pending or
concluded within the past three (3) years in which the respondent firm was a named party.
3. Provide a complete listing of all administrative proceedings involving a construction project
or contract, whether currently pending or concluded within the past three (3) years, in which
the respondent firm was a named party. (NOTE: Administrative Proceedings shall include:
(i) any action taken or proceeding brought by a governmental agency, department, or
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11 RFQ #09-20
RESPONSE FORMAT
officer to enforce any law, regulation, code, legal, or contractual requirement, except for
those brought in state or federal courts; (ii) any action taken by a governmental agency,
department, or officer imposing penalties, fines, or other sanctions for failure to comply with
any such legal or contractual requirement, or (iii) any other matter before an administrative
body.)
4. Provide a complete listing of all arbitrations involving a construction project or contract,
whether currently pending or concluded in the past three (3) years, in which the respondent
firm was a named party.
TAB 8 -Other Forms. The following forms should be completed and signed:
1. Exceptions, Additional Materials, Addenda form
2. Company Information form
3. Response Certification form
4. Copy of the firm's current Florida Department of Business and Professional Regulation's
License and Contractor License
5. Copy of the firm's contracting license in the State of Florida at the time of submittal
6. If the firm is a corporation, a copy of the current Florida Corporation Registration
7. Include a current W-9 form. (http://www.irs.Qov/pub/irs-pdf/fw9.pdf)
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12 RFQ #09-20
EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA
Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation
document. Exceptions that surface elsewhere and that do not also appear under this section shall be
considered invalid and void and of no contractual significance.
Exceptions (mark one):
**Special Note — Any material exceptions taken to the City's Terms and Conditions may render a
Response non-responsive.
No exceptions
Exceptions taken (describe --attach additional pages if needed)
Additional Materials submitted (mark one):
No additional materials have been included with this response
Additional Materials attached (describe --attach additional pages if needed)
Addenda
Respondents are responsible for verifying receipt of any addenda issued by checking the City's website at
www.mvclearwater.com/apps20/citvproiects/invitationtobid.aspx/ prior to the bid opening. Failure to
acknowledge any addenda issued may render a Bid Non-responsive.
Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable):
Addenda Number
Initial to acknowledge receipt
Vendor Name Date
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13
RFQ #09-20
COMPANY INFORMATION
Company Legal/Corporate Name:
Doing Business As (if different than above):
Address:
City: State: Zip:
Phone: Fax:
E -Mail Address: Website:
DUNS #
Remit to Address (if different than above): Order from Address (if different from above):
Address: Address:
City: State: Zip: City: State: Zip:
Contact for Questions about this response:
Name: Fax:
Phone: E -Mail Address:
Dav-to-Dav Proiect Contact (if awarded):
Name: Fax:
Phone: E -Mail Address:
Certified Small Business
Certifying Agency:
Certified Minority, Woman or Disadvantaged Business Enterprise
Certifying Agency:
Consulting Services — PDS3
14 RFQ #09-20
RESPONSE CERTIFICATION
By signing and submitting this Response, the Company certifies that:
a) It is under no legal prohibition to contract with the City of Clearwater.
b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well
as its attachments, and any referenced documents.
c) It has no known, undisclosed conflicts of interest.
d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or
consultant who has or may have had a role in the procurement process for the services and or goods/materials
covered by this contract.
e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents
and/or materials copyrighted by the respondent, for internal use in evaluating respondent's offer, or in response to
a public records request under Florida's public records law (F.S. 119) or other applicable law, subpoena, or other
judicial process.
f) Respondent hereby warrants to the City that the respondent and each of its subcontractors ("Subcontractors") will
comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate
to their employees.
g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not
debarred by any Federal or public agency.
h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and
Rules if awarded by the City.
i) It is current in all obligations due to the City.
j) It will accept such terms and conditions in a resulting contract if awarded by the City.
k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding
offers for the services as specified herein.
ACCEPTED AND AGREED TO:
Company Name:
Signature:
Printed Name:
Title:
Date:
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15 RFQ #09-20
MAILING LABEL
CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER
-- -------- For US Mail
SEALED RESPONSE
Submitted by:
Company Name:
Address:
City, State, Zip:
RFQ #09-20, Design Consulting Services — Clearwater
Police Department District 3 Substation
Due Date: November 19, 2019, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
PO Box 4748
Clearwater FL 33758-4748
For US Mail
For Hand Deliveries, FEDEX, UPS or Other Courier Services -------------------
SEALED RESPONSE
Submitted by:
Company Name:
Address:
City, State, Zip:
RFQ #09-20, Design Consulting Services — Clearwater
Police Department District 3 Substation
Due Date: November 19, 2019, at 10:00 A.M.
City of Clearwater
Attn: Purchasing
100 S Myrtle Ave 3rd FI
Clearwater FL 33756
------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services—
Consulting Services — PDS3
16 RFQ #09-20
LOCATION MAP
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