MASTER AGREEMENT - RFQ 08-21 CONSTRUCTION SERVICESMASTER AGREEMENT BETWEEN
CITY OF CLEARWATER AND ARDURRA GROUP, INC.
RFQ #08-21
CONSTRUCTION SERVICES — NORTHEAST WATER RECLAMATION FACILITY
IMPROVEMENTS
This AGREEMENT is made and entered into on the /n day of re.,..niel--ty 2021 by and
between the City of Clearwater, Florida (CITY) and Ardurra Group, Inc. (CONSULTANT).
WITNESSETH:
WHEREAS, the City of Clearwater's Northeast Water Reclamation Facility (NE WRF)
Improvements project consists of improvements to the NE WRF within the CITY; and
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, in accordance with the competitive selection process described in Section 287.055 of
the Florida Statutes, the CITY selected the CONSULTANT based on Request For Qualifications
("RFQ") #08-21 and responses by the CONSULTANT to RFQ #08-21.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good
and valuable consideration, the Parties agree that the above terms, recitals, and representations are
true and accurate and are incorporated herein by reference, and the Parties further agree as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT AND STANDARD OF CARE
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 engineering practices, by
exercising the skill, care, and ability ordinarily required of engineers performing the same
or similar services, under the same or similar circumstances, in the State of Florida, and
consistent with State of Florida professional ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVICES
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 #xx-21, Scope of Services.
The CONSULTANT'S services will include construction administration, engineering,
observation, and closeout services for construction of the NE WRF Improvements Project
(19 -0029 -UT).
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,
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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.
Total compensation for all services shall not exceed $2,256,861 (two million two hundred
fifty-six thousand eight hundred sixty-one) unless specifically authorized by the City
Council.
See Work Order attached hereto as Exhibit A.
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
engineering 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
related to this Agreement. The CITY further reserves the right to enter into contracts with
other engineering 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 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 six (6) 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.
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4.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE
NEGOTIATION ACT ICCNAI
Professional Services provided under this Agreement are within the scope of the practice
of architecture, landscape architecture, professional engineering, or registered land
surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S.
287.055 apply.
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. The CITY shall indemnify and hold harmless CONSULTANT and
its officers, directors, members, partners, agents, employees, and consultants from all
claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting
from any use, reuse, or modification of the Documents without written verification,
completion, or adaption by CONSULTANT. This indemnity shall not be construed as a
waiver of the CITY'S sovereign immunity or the limitation of liability pursuant to Florida
Statutes, 768.28.
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
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its interest in this Agreement without written consent of the other.
5.6 (a) 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
consent to be sued by third parties. The obligations under this paragraph shall expressly
survive termination or expiration of this Agreement.
(b) PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE INDIVIDUAL
PROFESSIONAL EMPLOYEES AND AGENTS OF CONSULTANT MAY NOT BE
HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
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 (a) CONSULTANT may employ subconsultants as CONSULTANT deems necessary to
assist in the performance or furnishing of the services, subject to reasonable, timely, and
substantive objections by CITY.
(b) 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, which approval shall not be reasonably denied. 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:
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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 CONSULTANT
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. CONSULTANT is entitled to payment
of fees as provided for under law for the production of such records.
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 CONSULTANT 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 CONSULTANT or keep and maintain public records
required by the public agency to perform the service. If the CONSULTANT
transfers all public records to the public agency upon completion of the contract,
the CONSULTANT shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
CONSULTANT keeps and maintains public records upon completion of the
contract, the CONSULTANT 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
CONSULTANT of the request and the CONSULTANT must provide the records
to the public agency or allow the records to be inspected or copied within a
reasonable time.
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f) The CONSULTANT hereby acknowledges and agrees that if the
CONSULTANT 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 CONSULTANT 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 CONSULTANT to compel production of public
records relating to a public agency's contract for services, the court shall assess and
award against the CONSULTANT the reasonable costs of enforcement, including
reasonable attorney fees, if:
1. The court determines that the CONSULTANT 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
CONSULTANT has not complied with the request, to the public agency and to
the CONSULTANT.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency's
custodian of public records and to the CONSULTANT at the CONSULTANT's
address listed on its contract with the public agency or to the CONSULTANT'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 CONSULTANT 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 in this Agreement. An hourly rate schedule is
attached hereto as Exhibit B.
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.
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7.0 PROHIBITION AGAINST CONTINGENT FEES
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 person, 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 CAUSE
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
for professional services provided up to the date of suspension, cancellation, or
abandonment.
10.0 GOVERNING LAW, CLAIMS AND DISPUTES, AND LIMITS OF LIABILITY
(a) 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.
(b) Neither CITY nor CONSULTANT shall be liable to the other for any special,
incidental, indirect or consequential damages whatsoever arising out of or relating in any
way to this Agreement.
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
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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 RFQ #08-21, TERMS AND CONDITIONS
All terms and conditions as set forth in RFQ #08-21, Standard Terms of Conditions are
incorporated by reference and hereto attached as Exhibit C.
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 #08-21, Terms and Conditions; and (iii) Work Orders.
16.0 INSURANCE REQUIREMENTS
Insurance Requirements are set forth in Exhibit D 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 for CITY to perform its obligations hereunder, CITY
may terminate this Agreement upon thirty (30) days written notice to CONSULTANT.
CONSULTANT will be paid for all work performed to the date of termination.
18.0 E -VERIFY
CONSULTANT and its Subcontractors shall register with and use the E -Verify system to
verify the work authorization status of all newly hired employees. CONSULTANT will
not enter into a contract with any Subcontractor unless each party to the contract registers
with and uses the E -Verify system. Subcontractor must provide CONSULTANT with an
affidavit stating that Subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. CONSULTANT shall maintain a copy of such affidavit.
The CITY may terminate this Agreement on the good faith belief that CONSULTANT or
its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this
Agreement is terminated pursuant to Florida Statute 448.095(2)(c), CONSULTANT may
not be awarded a public contract for at least 1 year after the date of which this Agreement
was terminated. CONSULTANT is liable for any additional costs incurred by the CITY
as a result of the termination of this Agreement.
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See Section 448.095, Florida Statutes (2020).
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date
and year first above written.
Countersigned:
nk Hibbard
Print Name: Cho I 5-R)10J jrrrt KvZ/(
Title: 11(00,0)o,
WITNESS:
By:
Print Name: flu.% )k? /cD►'�
CITY OF CLEARWATER
1
Mayor
Approved as to form:
Owen Kohler
Assistant City Attorney
JO,U,t,t,4_, 24�rr
illiam B. Horne, II
City Manager
Attest:
Rosemarie Call
City Clerk
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SCRUTINIZED COMPANIES AND RIJSINESS OPERATIONS WITH CUBA AND SYRIA
CERTIFICATION FORM
PER SECTION III, ITEM 25, IF YOUR BID IS $1,000,000 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 place. • the Scrutinized Cs pani:, with Activities in
Sudan List, the Scrutinized Companies with Acti ities i the Iran ' : rp um Sed or List, or engaged
in business operations in Cuba and Syria.
STATE OF
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SCRIJTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM
PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH
THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED, MAY DEEM YOUR
SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
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 I -,ter than five (5)
calendar days after any of its principals are pla on the Scrutinized 'ompanies at Boycott Israel
List, or engaged in a boycott of Israel.
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VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM
PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH
AND USE THE E -VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY
HIRED EMPLOYEES.
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO
SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095.
2. The Contractor and its Subcontractors are registered with and using the E -Verify system to verify the work
authorization status of newly hired employees.
3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract
registers with and uses the E -Verify system.
4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not
employ, contract with, or subcontract with unauthorized alien.
5. The Contractor must maintain a copy of such affidavit.
6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors
knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c).
7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded
a public contract for at least 1 year after the date on which this Contract was terminated.
8. The Contractor is liable for any additional cost .19s,urred by the City as a resu t of the termination of this
Contract. \}
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Ardurra Group, Inc.
EXHIBIT A - WORK ORDER for the
CITY OF CLEARWATER
Date: January 11, 2021
Consultant Project Number: 2110-210-002
City Project Number: 19 -0029 -UT
Plan Set Number: 2016002
1. PROJECT TITLE:
Northeast WRF Improvements Project — Construction Engineering Services
2. SCOPE OF SERVICES:
Under this Work Order, the City authorizes Ardurra Group, Inc. (Consultant 1) to provide
construction administration and engineering, and field representative services for the Northeast
WRF Improvements Project (19 -0029 -UT), which is comprised of two sub -projects, 15 -0045 -UT -
NE WRF Grit Removal, Moving Belt Filters, and Equalization System Improvements, and 14 -0036 -
UT - NE WRF Blend Tank Improvements.
This work also includes acting as Construction Administrator for coordination with the engineering
consultant (Consultant 2, Jones Edmunds Associates, Inc.) responsible for the design of the Blend
Tank Improvements (Sludge Improvements Consultant), which will be constructed under the
same construction contract. Consultant 2 will be responsible for performing construction
management services (CMS) for the Blend Tank Improvements portion of the project under a
subcontract with Consultant 1.
Subproject 15 -0045 -UT includes modifications to the Grit System, installation of Moving Belt
Filters for primary treatment and a new Flow Equalization Basin process. Subproject 14 -0036 -UT
includes modifications to the sludge blend tanks, associated piping/valves, and dewatering
controls to allow flow equalization of the pre- and post -digested sludge.
WORK ORDER INITIATION FORM 1 of 17 Revised: 12/20/2019
The scope of work and fees included herein are based on an 18 -month, 78 -week construction
duration.
TASK 1- GENERAL SERVICES
Consultant will provide general construction phase services including the following:
1.1 Coordination with City
a. Consultant will provide coordination with the City's designated Project Manager
including, but not limited to:
• Consultant will keep City informed of progress of the construction work;
• Consultant will, in a timely manner, provide the City with copies of Contractor's
correspondences relating to requests for clarification of the Contract Documents,
requests for additional information, or change order requests.
1.2 Coordination with Consultant 2
a. Consultant will coordinate with and serve as the liaison between Consultant 2 and
the construction contractor. This task will include logging, distribution and
coordination of the following:
• Initial baseline schedule
• Shop drawings
• RFIs
• Work Change Directives, including requests for proposals and contractor change
requests
• Field orders
• Pay applications and schedule update reviews
• Stored materials
• Change Orders
• Meetings, including minutes
• Certification of Completion
• Warranties, Guarantees, Certificates and O&M Manuals
• Start-up and materials testing
b. Consultant has budgeted the following time for coordination with Consultant 2 over
an 18 -month (78 weeks) construction duration.
Staff Hours per Week
Total Hours
Project Manager
2
156
Construction Manager
4
312
Project Coordinator
4
312
1.3 Project Management
WORK ORDER INITIATION FORM 2 of 17
Revised: 12/20/2019
a. Provide project management for services and activities authorized under this Work
Order. Project management activities include, among others:
• Organization of the Consultant's staff and subconsultants, with assignments of
responsibilities and timetables of performance;
• Preparation and administration of subcontracts with the Consultant's
subconsultants;
• Coordination of the activities of the Consultant's staff and the subconsultants'
staff with the City's staff and other agencies;
• Miscellaneous phone calls and emails with the project team;
• Miscellaneous phone calls and emails with the Contractor's staff required to
respond to minor questions not requiring formal RFIs;
• Provide QA/QC review of work products, main internal records of the QA/QC
process and include evidence of internal QA/QC performed on each submittal
provided to the City
• Administration of the communications among the project team members and
with the City's staff;
• Prepare monthly written status report with the invoice generally documenting
progress, budget and schedule issues.
• Prepare a Health and Safety Plan and submit to the City Project Manager prior to
mobilizing to the project site.
1.4 Prequalification Services (Ratify and Confirm)
After the initial work orders were approved, the City made the decision it was in its best
interest to perform a specific pre -qualification for this particular project due to its scale
and complexity. During that process, the City mistakenly authorized additional work that
should have been brought to City Council for approval.
1.5 Additional Bid Phase Services
This task includes providing continued support during the bidding process including
coordinating with subconsultants, combining bid packages and specifications, reviewing
and responding to additional Requests for Additional Information, reviewing bid
packages, issuing addendum, reviewing bids, supporting award recommendation,
reviewing the Contractor proposals and issuing a written recommendation of award.
WORK ORDER INITIATION FORM 3 of 17 Revised: 12/20/2019
TASK 2 - CONSTRUCTION ENGINEERING SERVICES
2.1 Distribution of Documents
a. Develop and furnish five (5) signed/sealed paper copies (22" x 34") and electronic
copies of the conformed Contract Documents for distribution as follows:
• Three (3) copies to the City
• Two (2) copies to the Contractor
• One (1) electronic copy to the City and Contractor
b. Furnish copies of Contract Documents to permitting agencies as required.
2.2 Construction Project Meetings
Consultant will conduct construction project meetings as follows:
a. Consultant will participate and conduct the pre -construction conference and prepare
the conference agenda. Consultant will prepare minutes of the pre -construction
conference and transmit to attending parties.
b. Consultant will provide consultation and advice to the City during the construction
process and conduct bi-weekly progress/status meetings with the City and
Contractor. Consultant will prepare the agenda and minutes of each meeting and
transmit to attending parties.
2.3 Construction Schedule Review
a. Review and recommend approval of Contractor's preliminary and proposed
construction project schedules.
b. Monitor and report monthly on the Contractor's progress in accordance with the
approved construction schedule.
c. Consultant will review, provide comments on, and approve once acceptable, the
Contractor's proposed monthly schedule of values, progress schedules, schedule of
payments and schedule of submittals.
2.4 Disapprove/Reject Work
a. Consultant will disapprove or reject work at any time during the performance of the
work which, in the Consultant's opinion, is defective and/or not in compliance with
the Contract Documents; and require special inspection or testing of the work,
whether or not the work is fabricated, installed, or completed. Consultant's authority
to act is solely to evaluate the work for compliance with the Contract Documents,
construction permits, and approved engineering plans and technical specifications,
and does not impart or assign any duty or authority to supervise and direct the
furnishing or performance of the work or to be responsible for the Contractor's ways,
WORK ORDER INITIATION FORM 4 of 17 Revised: 12/20/2019
means, methods, techniques, sequences or procedures for construction or the safety
precautions and programs incident thereto.
2.5 Submittal Review
a. Consultant will review Contractor's submittals, including up to two hundred fifty (250)
shop drawings, within 21 days of receipt for compliance with the Contract Documents
and for conformance with the design concept of the project and distribute same to
the City and Contractor.
b. The budget assumes half (125) of the Shop Drawings will require resubmittal for a 2nd
review. The Contract documents require that the Contractor pay for submittal
reviews beyond the 2nd review.
c. Consultant will not approve alternative "equals" without Owner approval.
2.6 Conduct Periodic Site Visits
a. Consultant personnel (other than the Resident Project Representatives provided in
task 3) will visit the 15-0045 construction site twice per month (total of 36 site visits)
and the 14 -0036 -UT construction site a total of 30 visits corresponding to the
anticipated on-site construction operations to observe the work in -progress, quality,
suitability and conformance with the requirements of the Contract Documents.
Consultant will make visits to the site to observe the progress and quality of the work
and to determine if the work is proceeding in accordance with the Contract
Documents.
2.7 Prepare Work Change Directives
Consultant will prepare, process and track the status of up to twenty-five (25) requests
made by the City for changes in the work to be performed by the Contractor and for
changes to the work as requested by the Contractor and approved by the City. Services
do not include additional design or permitting services by the Consultant other than such
services required to clarify or address work included in the Contract Documents.
a. Consult with the City regarding modifications to the Contract Documents requested
by the City or the Contractor. Prepare and deliver Requests for Proposals to the
Contractor. Review Contractor Change Requests and proposals and provide
recommendations to the City. Prepare Work Change Directives for payment to the
Contractor under the construction Contingency budget.
2.8 Requests for Information (RFI)
a. Consultant will develop a standard RFI form for use by the Contractor and respond to
up to seventy (70) RFI's by the Contractor regarding interpretation of the Contract
Documents and conditions experienced in the field. RFIs will be numbered
WORK ORDER INITIATION FORM
5 of 17 Revised: 12/20/2019
sequentially and logged for tracking purposes. Consultant will respond in writing,
within a reasonable time, to requests by the City or the contractor related to the
performance of the work and requests for clarification of the Contract Documents.
b. Prepare sketches if required to resolve differing conditions encountered. Consultant
will transmit to the Contractor written clarification and interpretations of the plans
and specifications not affecting time and/or contract price. If required, Consultant
will furnish within a reasonable time, in writing, additional instructions by means of
drawings, or otherwise, if requested by the Contractor and/or determined by the
Consultant to be required for the proper execution of the work.
c. Evaluate actual field conditions as reported by the Contractor. Consultant will
evaluate to establish whether a change in the work is required to accommodate
existing conditions. Consultant will make recommendations to the City in writing as
to the conclusion of the evaluation.
2.9 Review Contractor Pay Application
a. Consultant will provide review of up to eighteen (18) Contractor applications for
payment and provide written notice to the City recommending payment to the
Contractor or return the pay application to the Contractor providing written notice of
the Consultant's reason for refusing to recommend payment. Consultant will review
applications for payment with the Contractor for compliance with the established
procedure for their submission and forward them with written recommendations to
the City.
2.10 Review Materials Test Reports
Consultant will review and log construction materials testing performed by the
Contractor, including geotechnical testing, soil Proctor and compaction/density tests, and
other materials test reports.
2.11 Permits and Insurance Monitoring
a. Consultant will monitor expiration dates of insurance policies provided by the
Contractor for the project and notify the City, in writing, of required renewal thirty
(30) days prior to the expiration date provided to Consultant by the Contractor.
b. Consultant will monitor regulatory permit dates and the Contractor's compliance with
the conditions of the permits and notify the City and the Contractor, in writing, of
Consultant's observed violation of the conditions, and notify the City of expiration 30
days prior to expiration.
2.12 Resident Project Representative (RPR) Reports
WORK ORDER INITIATION FORM
6 of 17 Revised: 12/20/2019
Consultant will review, log, file and disseminate (as appropriate) RPR daily reports and
photos. Electronic pdf copies of the RPR's daily reports and photos will be provided
weekly via SharePoint or Dropbox.
2.13 Document Control and Project Catalog
Document control including maintaining files of correspondence, as-builts, record
drawings, maps, manuals, assumptions, data requests, references, meeting agendas,
meeting sign -in sheets and minutes, Contract Documents, Change Orders, Field Orders,
RFIs, Work Change Directives, Addenda, additional Drawings issued subsequent to the
execution of the Contract, progress reports, Shop Drawing and Sample submittals,
progress submittals, regulatory correspondence, Project -related documents such as O&M
manuals and warranty information, as available, and any other material provided by the
City as a response to a request for information by the Consultant. At the conclusion of
the project, Consultant will combine this information into a project catalog and submit to
the City for review and comment. Consultant will incorporate the City's review
comments, one time. The project catalog will be submitted electronically on USB flash
drive or similar.
2.14 Equipment Warranties, Guarantees, Certificates, Operations and Maintenance Manuals
During the course of the work, Consultant will review and confirm that equipment
warranties, guarantees, certificates, equipment manufacturers' operation and
maintenance manuals and other data required to be assembled and furnished by the
Contractor are as specified in the Contract Documents and applicable to the items actually
installed and deliver these data to the City for its review along with a summary
spreadsheet.
2.15 Startup and Testing
a. Consultant will review the Contractor's startup/testing plan for the components of
the constructed facilities.
b. Consultant will provide assistance at five (5) startup/testing events for the project. It
is expected that separate startup/testing events will be required as follows:
• Temporary bypass pumping and screening grit treatment systems
• Moving Belt filters
• Equalization Basin
• Sludge Storage Facilities
• Remainder of Plant, including grit system improvements
c. Services will be provided to assist in the start-up and initial operation of these systems
including operating levels and pressures, alarms, pump speeds, hydraulics and other
operational control systems.
WORK ORDER INITIATION FORM 7 of 17 Revised: 12/20/2019
2.16 Substantial and Final Completion
a. Consultant will conduct up to five (5) substantial completion walkthroughs and will
submit to the Contractor a list of observed items requiring correction (substantial
punch list) and provide a copy of said list to the City for each of the following:
• Equalization Basin
• Sludge Storage Facilities
• Moving Belt Filters
• Grit Facilities
• Remainder of Plant, including grit system improvements
b. Consultant will make a written recommendation to the City that the Contractor has
achieved Substantial Completion for the purpose of establishing the starting date for
specific material and equipment warranties, and to establish the date that the City
will assume the responsibility and the cost of operating such materials and
equipment.
c. Consultant will perform a final completion walkthrough to confirm that all items on
the aforesaid punch list have been corrected and make written recommendations to
the City concerning acceptance of the work.
2.17 Record Drawings
a. Consultant will prepare Record Drawings and other documents showing the
dimensions, locations, elevations, etc., of facilities constructed as part of the 19 -0029 -
UT project based on the "as -built" drawings, surveys and data provided by the
Contractor. Consultant will deliver to the City three (3) signed/sealed sets of the
record drawings, and pdf and AutoCAD files.
b. Consultant will include in the record drawings an updated SCADA network diagram.
2.18 Certification of Completion and O&M Manual Update
a. Consultant will prepare required certificates of completion for submittal to
appropriate regulatory agencies (SWFWMD and FDEP) having jurisdiction over the
work constructed. Consultant will issue up to five (5) written notices of substantial
completion for the purpose of establishing the starting date for specific equipment
warranties, and to establish the date that the City will assume the responsibility and
the cost of operating such equipment.
b. Consultant will prepare modifications to each of the three (3) existing Operations and
Maintenance (O&M) Manuals to address the modifications made to the WRF as part
of this project. The O&M Manuals will be modified to meet the minimum
requirements in accordance with 62-600.720, F.A.C. It is anticipated that the O&M
Manuals will include updates to the following sections:
WORK ORDER INITIATION FORM
8 of 17 Revised: 12/20/2019
1988 PPO
• Cover Sheet and Table of Contents
• Chapter 1: 1 figure
• Chapter 2: 1 page of text
• Chapter 3: 70 pages of text/tables, 25 figures
• Add new chapter for Flow Equalization: 50 pages of text/tables, 25 figures
• Chapter 4: Section 4.2 - 1 page of text, 2 figures
• Chapter 4: Section 4.5 Sludge Blending System: 5 pages 4of text, 5 figures
• Chapter 4: Section 4.9 Sludge Transfer Station: 5 Pages, 3 figures
• Chapter 5: 1 figure
• Chapter 6: Add Sludge Mixing Maintenance (Section 6.7.8b)
• Chapter 7: 1 figure
• Chapter 7: Add Sludge Mixing Site Specific Hazards (Section 7.10.9b)
• Chapter 9: 20 pages of text/tables, 12 figures
• Appendix A: 2 pages of text
• Appendix C: Add new Permit
2003 Update to the PPO
• Cover Sheet and Table of Contents
• Section 1: 1 page of text, 2 figures
• Section 3: 11 figures
• Section 4: 2 pages of text, 1 figure
• Section 5: 1 figure
• Section 6: 2 pages of text
• Section 7: 1 figure
• Section 9: 6 figures
• Appendix A: 2 pages of text
2010 Jones Edmunds Anaerobic Digester Training Manual.
• Cover Sheet
• Section 6: 5 pages of text, 1 figure
c. Consultant will submit the certification FDEP Form 62-620.910 (13) - Notification of
Availability of Record Drawings and Final Operation and Maintenance Manuals.
2.19 Asset Removal Costs
At the beginning of construction, as soon as is reasonable, Consultant will provide a listing
of all major equipment items (over $5,000) that are being removed as part of the project.
For each item of equipment, Consultant will provide an estimate of the original cost of
the item. Estimates of original equipment costs will be the material costs only as
determined using standard costing methods where such information is readily available
WORK ORDER INITIATION FORM 9 of 17 Revised: 12/20/2019
or by back -trending analysis using construction cost material indices such as by
Engineering News Record. Cost for incidental or ancillary equipment, such as sealing
water sets for pumps, piping and wiring, are not to be provided. Asset replacement costs
will be determined based on the construction cost and will be the cost for the new
equipment replacing the removed equipment. Replacement costs will be determined one
(1) year after the construction Notice to Proceed and at the end of the project.
2.20 Public Outreach Assistance
Consultant will assist the City with communicating activities by and between neighboring
communities and the construction project. To this end, we will provide the following
services during construction:
a. Monitor the Contractor's look -ahead schedule for activities that may impact
neighboring communities, such as road closures or expected road delays, nighttime
operations, power or water interruptions, etc. Advise City's outreach coordinator of
these activities and expected time frames.
b. Monitor up to 3 social media websites selected by the City and likely being used by
neighboring communities, such as NextDoor, Citizens, Neighbors or others, for
concerns regarding construction activities such as noise, parking, etc. Report bi-
weekly via email to the City negative discussions concerning construction operations.
c. Prepare materials for and assist the City with conducting/attending presentations
and/or distribution of information to neighboring communities including posters,
power -point presentations and letters notifying them of significant construction
events.
TASK 3 - RESIDENT PROJECT REPRESENTATIVE SERVICES
3.1 Resident Project Representative (RPR)
Consultant will provide one (1) RPR at the site full-time during construction for the term
of the Construction Contract, based on a 78 -week (18 month), 10 hours per day, 5 days
per week on-site construction schedule. The Construction Contract requires that the
Contractor compensate the Engineer for weekend work. The budget for the RPR level of
effort is as follows:
For Project 15 -0045 -UT:
• 8 hours/day x 5 days/week x 78 weeks = 3,120 hours at Standard Rate
• 2 hours/day x 5 days/week x 78 weeks = 780 hours at Overtime Rate
For Project 14 -0036 -UT:
• 8 hours/day x 2 days/week x 64 weeks = 1,024 hours at Standard Rate
WORK ORDER INITIATION FORM 10 of 17 Revised: 12/20/2019
3.2 Asbestos/Lead Abatement Monitoring and Clearance Air Sampling
a. Through a subconsultant, up to ten (10) working days of asbestos abatement
monitoring will be performed in the work area during abatement activities and final
clearance air sampling at the completion of the abatement work. Air samples will be
analyzed by Phase Contrast Microscopy (PCM) by National Institute for Occupational
Safety and Health (NIOSH) Method 7400.
b. Through a subconsultant, lead abatement monitoring will be performed to document
the Contractor activities during the abatement activities and will perform visual
observations and final clearance, at the completion of the abatement work. Final
clearance surface wipe sampling will be conducted according to methods described
in Section 1910.1926.62 of OSHA CFR Title 29 and analyzed by Flame Atomic
Absorption (AAS) by National Institute for Occupational Safety and Health (NIOSH)
method SW -846-7000B.
TASK 4 - OWNER'S ALLOWANCE
Consultant will provide additional "out -of -scope" services on an "as -needed basis", such as
additional field observation services due to the Contractor working extended hours, at the request
of the City, after development of a scope and fee and issuance of written authorization by the City
Project Manager.
TASK 5 — OTHER DIRECT COSTS
Owner will reimburse Consultant for out-of-pocket expenses associated with the Project,
including:
• Reproduction
• Courier
3. PROJECT GOALS:
Project deliverables will include the following in PDF format via email, except as otherwise
noted below:
a. Conformed documents as delineated in Section 2.1.
b. Health and safety plan
c. Meeting minutes
d. Field Observation Reports on a weekly basis
e. Reports on neighborhood social media on a bi-weekly basis
f. Responses to Contractor RFIs
g. Shop Drawing Reviews
h. One copy of each submitted certification package
WORK ORDER INITIATION FORM 11 of 17 Revised: 12/20/2019
i. Three (3) 24"x36" signed/sealed final Record Drawings
One (1) 11"x17" signed/sealed final Record Drawings
k. Record Drawings in AutoCAD and PDF formats on CD/DVDROM
I. One (1) Draft and One (1) Final Project Catalog on CD/DVDROM
J.
4. BUDGET:
This price includes all labor anticipated to be incurred by Consultant for the completion of these
tasks in accordance with Professional Services Method "A" — Cost Times Multiplier Basis, for a fee
not to exceed Two Million Two Hundred Fifty -Six Thousand Eight Hundred Sixty One Dollars
($2,256,861).
5. SCHEDULE:
The work will be completed in accordance with the construction schedule. It is assumed that the
duration of construction, from Notice to Proceed to Final Completion will not exceed 18 months
(78 weeks). It is further assumed that only work associated with the distribution of conformed
documents will occur between the Notice of Award and the Notice to Proceed, i.e., review of
submittals will be performed after the Notice to Proceed.
6. STAFF ASSIGNMENT:
Consultant:
Principal:
Project Manager:
Engineers:
City's Staff:
Project Manager:
Public Utilities Site Representative (Chief Operator):
Public Utilities Liaison (Assistant Manager):
Public Utilities Manager:
Engineering Manager, Utilities
Public Utilities Assistant Director:
Christopher F. Kuzler, PE
Thomas A. Traina, PE
David Weber, PE
Tina Nixon, PE
Tom Friedrich, PE
David Yonge, PE
Matt Davis, PE
Orlando Serrano
Brenda Sangster
Gregg Fruecht
Paul Carastro, PE
John Sobczak, PE
Duy Nguyen, El
Catherine Borden
Michael Flanigan
Jason Jennings
Jeremy Brown, PE
Richard Gardner, PE
7. CORRESPONDENCE/REPORTING PROCEDURES:
Consultant's project correspondence shall be directed to:
• Thomas A. Traina, P.E.
WORK ORDER INITIATION FORM 12 of 17 Revised: 12/20/2019
• Christopher F. Kuzler, P.E.
All City project correspondence shall be directed to:
• City Project Manager, with copies to Engineering Manager, Public Utilities Assistant
Director, and others as may be appropriate.
Consultant shall provide a minimum of forty-eight (48) hours' notice prior to conducting
fieldwork/site visits. Consultant shall provide a minimum of seven (7) days notification for site
visits requiring the assistance of City Operations and Maintenance personnel.
Consultant acknowledges that all City directives shall be provided by the City Project Manager.
In addition to the original copies delivered as stated in the scope of work, all project deliverables
will be submitted in electronic format on CD or other City approved device prior to approval of
final invoice.
8. INVOICING/FUNDING PROCEDURES:
For work performed, invoices shall be submitted monthly to the:
City of Clearwater, Engineering Department
Att. Veronica Josef, Senior Staff Assistant
PO Box 4748
Clearwater, Florida 33758-4748.
Contingency services will be billed as incurred only after written authorization provided by the
City to proceed with those services.
City Invoicing Code: 3217321-561300-96215 for $2,256,861
9. INVOICING PROCEDURES
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 Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due,
previous amount earned, total earned to date for each task and other direct costs (receipts
will be required for any single item with a cost of $50 or greater or cumulative monthly
expenses greater than $100).
G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice
amounts by funding code.
WORK ORDER INITIATION FORM 13 of 17 Revised: 12/20/2019
10. ADDITIONAL CONSIDERATIONS:
Consultant acknowledges the following:
A. All City directives shall be provided by the City Project Manager.
B. "Alternate equals" shall not be approved until City Project Manager agrees.
C. All submittals must be accompanied by evidence each has been internally QA/QC'd
before providing to City.
D. Consultants/contractors are not permitted to use City -owned equipment (i.e. sampling
equipment, etc.).
E. Documents posted on City website must ADA accessible.
All work orders should include considerations for the following:
F. Sea Level Rise and Flood Resilience, as applicable.
G. Submittal of a Critical Path Method (CPM) Schedule(s).
H. Submittal of a Project Catalog with the following items, as appropriate:
a. Data requests, assumptions, critical correspondence, meeting agenda, sign -in
sheets, meeting minutes, document comment -response log(s), technical
memorandum/reports, addenda, progress reports, regulatory correspondence
and other project -related documents.
b. If construction project, also include design plans, conformed plans, change
orders, field orders, RFIs, work change directives, addenda, progress reports,
shop drawing and progress submittals, , as-builts, record drawings, and other
project -related documents such as O&M manuals and warranty information.
c. At the conclusion of the project, ENGINEER will combine this information into a
Project Catalog and submit to the City for review and comment.
I. Arc Flash labeling requirements:
a. All electrical designs and construction shall adhere to NFPA 70 E "Standard for
Electrical Safety in the Workplace".
b. Updated calculations of Fault and Arc Flash, and provisions for new or updated
Arc Flash equipment labeling shall be included in the contract documents.
11. SPECIAL CONSIDERATIONS:
The consultant named above is required to comply with Section 119.0701, Florida Statutes where
applicable.
The following assumptions are made in the preparation of this work order:
1. No permit fees are included.
2. No use of City owned equipment by Consultant is permitted.
WORK ORDER INITIATION FORM 14 of 17 Revised: 12/20/2019
L
Attachment "A"
BRIEF{ F AND BR:AI)91f 11.' BAYLO 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 (including CAD and Specification files) must be delivered upon completion of
project or with 100% plan submittal to City of Clearwater.
WORK ORDER INITIATION FORM 15 of 17 Revised: 12/20/2019
Attachment "B"
Northeast WRF Improvements Project
Construction Engineering Services
Ardurra Group, Inc.
WORK ORDER INITIATION FORM
PROJECT BUDGET
Task
Description
Subconsultant
Services
Labor
Total
1.0
General Services
1.1
Coordination with City
$4,000
$124,158
$128,158
1.2
Coordination with Consultant 2
$109,044
$109,044
1.3
Project Management
$49,600
49,600
1.4
Prequalification Services
$18,350
$3,796
$22,146
1.5
Additional Bid Phase Services
$11,800
$11,919
$23,719
General Services Total:
$332,667
2.0
Construction Engineering Services
2.1
Distribution of Documents
$1,000
$12,960
$13,960
2.2
Construction Project Meetings
$80,224
$80,224
2.3
Construction Schedule Reviews
$9,605
$9,605
2.4
Disapprove/Reject Work
$22,876
$22,876
2.5
Submittal Review
$8,000
$209,835
$217,835
2.6
Conduct Periodic Site Visits
$59,112
$59,112
2.7
Prepare Work Change Directives
$55,525
$55,525
2.8
Requests for Information (RFI)
$4,500
$53,340
$57,840
2.9
Review Contractor Pay Applications
$20,850
$20,850
2.10
Review Materials Test Reports
$12,732
$12,732
2.11
Permits and Insurance Monitoring
$3,102
$3,102
2.12
Resident Project Representative (RPR) Reports
$30,843
$30,843
2.13
Document Control and Project Catalog
$13,524
$13,524
2.14
Equipment Warranties, Guarantees,
Certificates, Operations and Maintenance
Manuals
$23,524
$23,524
2.15
Startup and Testing
$47,736
$47,736
2.16
Substantial and Final Completion
$6,000
$26,136
$32,136
2.17
Record Drawings
$3,000
$16,739
$19,739
2.18
Certification of Completion and O&M Manual
Update
$27,640
$106,529
$134,169
2.19
Asset Removal Costs
$12,090
$17,401
$29,491
WORK ORDER INITIATION FORM
16 of 17
Revised: 12/20/2019
Attachment "B"
2.20
Public Outreach Assistance
$22,426
$22,426
2.21
Consultant 2 CMS & Close-out
$210,514
$210,514
Construction Engineering Services Total:
$1,117,763
3.0
Resident Project Representative Services
3.1
Resident Project Representative (RPR)
$122,880
$452,400
$575,280
3.2
Asbestos/Lead Abatement Monitoring and
Clearance Air Sampling
$11,750
$1,050
$12,800
Resident Project Representative Services Total:
$588,080
4.0
Owner's Allowance (10%)
$203,851
Subtotal, Labor and Subcontractors
$2,242,361
Permit Review Fees
$0.00
5.0
Other Direct Costs (prints, photocopies, postage, etc.)
(Not applicable to lump sum Work Orders)
$14,500
Grand Total
$2,256,861
WORK ORDER INITIATION FORM 17 of 17 Revised: 12/20/2019
EXHIBIT B
RFQ #08-21
CONSTRUCTION SERVICES — NORTHEAST WATER RECLAMATION FACILITY IMPROVEMENTS
Ardurra Group, Inc.
Hourly Rate Schedule
Job Classification
Burdened Hourly Rate
Senior Vice President/Principal
$295
Vice President/Officer -in-Charge
$282
Senior Project Manager/Group Manager
$219
Project Manager/Associate Principal
$188
Senior Engineer/Senior Scientist
$153
Engineer/Scientist (IV)
$134
Engineer/Scientist (III)
$125
Engineer/Scientist (I-II)
$118
Engineer Intern
$98
Construction Engineer
$134
Construction Administrator/Manager
$143
Landscape Architect
$103
Senior Inspector
$123
Inspector
$110
Inspector (Overtime)
$140
Senior Designer
$112
Drafter/CADD Operator
$85
Operations Specialist
$153
Field Technician
$92
Fiscal/Accounting
$100
Administrative/Clerical
$71
Chief Engineer
$248
Chief Inspector
$141
Lead Designer
$130
Project Coordinator
$87
Survey Crew (3 Man)
$175
Raw Labor Multiplier: 3.20
RFQ #08-21, Exhibit C
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
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RFQ #08-21, Exhibit C
STANDARD TERMS AND CONDITIONS
the safety and health of all persons working on City contracts and projects. Contractor will
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.
S.11
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,
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RFQ #08-21, Exhibit C
STANDARD TERMS AND CONDITIONS
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.
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.Cailamvclearwater.com, 600 Cleveland Street, Suite 600, Clearwater,
FL 33755.
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.
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RFQ #08-21, Exhibit C
STANDARD TERMS AND CONDITIONS
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.
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 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
4
RFQ #08-21, Exhibit C
STANDARD TERMS AND CONDITIONS
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.
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. 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.
b. 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
nondefaulting 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
5
RFQ #08-21, Exhibit C
STANDARD TERMS AND CONDITIONS
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.
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
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RFQ #08-21, Exhibit C
STANDARD TERMS AND CONDITIONS
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, 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
consent to be sued by third parties. The obligations under this paragraph shall expressly
survive termination or expiration of this Agreement.
(b) PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE INDIVIDUAL
PROFESSIONAL EMPLOYEES AND AGENTS OF CONSULTANT MAY NOT BE
HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
(c) 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.
S.26 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 Toss, 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.27 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.28 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.29 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.
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RFQ #08-21, Exhibit C
STANDARD TERMS AND CONDITIONS
S.30 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.31 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB
destination freight prepaid and allowed unless otherwise agreed.
S.32 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.33 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.34 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.35 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor
will 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 less than five (5) years, plus any additional costs the City
may incur to acquire substitute supplies or services.
S.36 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.37 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
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RFQ #08-21, Exhibit C
STANDARD TERMS AND CONDITIONS
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.38 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.39 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.40 NOTICES. AH 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.
S.41 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.42 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.43 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.44 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.45 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
MASTER AGREEMENT BETWEEN
CITY OF CLEARWATER AND ARDURRA GROUP, INC.
RFQ #08-21
CONSTRUCTION SERVICES — NORTHEAST WATER RECLAMATION FACILITY
IMPROVEMENTS
EXHIBIT D
INSURANCE REQUIREMENTS. The CONSULTANT 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 CONSULTANT'S deductible or self-insured retention and to require that
it be reduced or eliminated.
Specifically, the CONSULTANT 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 CONSULTANT 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
CONSULTANT'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
CONSULTANT 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.
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
CONSULTANT 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, CONSULTANT 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 #08-21
P.O. Box 4748
Clearwater, FL 33758-4748
b. CONSULTANT shall provide thirty (30) days written notice of any cancellation, non -renewal,
termination, material change or reduction in coverage.
c. CONSULTANT'S insurance as outlined above shall be primary and non-contributory coverage
for CONSULTANT'S negligence.
d. CONSULTANT reserves the right to appoint legal counsel to provide for the CONSULTANT'S
defense, for any and all claims that may arise related to Agreement, work performed under this
Agreement, or to CONSULTANT'S design, equipment, or service. CONSULTANT agrees that
the City shall not be liable to reimburse CONSULTANT for any legal fees or costs as a result of
CONSULTANT 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 CONSULTANT'S obligation to provide the insurance coverage specified.
LOCATION MAP
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NE WRF GRIT REMOVAL,
MOVING BELT FILTERS, and
EQUALIZATION SYSTEM
IMPROVEMENTS 15 -0045 -UT
NE WRF BLEND TANK
IMPROVEMENTS 14 -0036 -UT
Legend
NE WRF
PROJECT AREAS
CLEARWATER
Northeast Water Reclamation Facility
(NE WRF) Improvements
N
w E
Project Number: 19 -0029 -UT
Prepared by:
Engineering Department
Geographic Technology Division
S
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727(562-4750, Fax: (727)526-4755
Grid #: 201A
S -T -R: 21 -28s -16e
Map Gen By:CRM
Reviewed By:DN
Date: 11124/2020
Page:1 of 1
Scale: N.T.S.
www.MyCleanvater.com
Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Englneenng\Locahon Maps\1 g -0029 -UT NE WRF Improvements.