MASTER AGREEMENT - RFQ #04-21 - FORT HARRISON CORRIDOR IMPROVEMENTS CONSULTING SERVICESMASTER AGREEMENT BETWEEN
CITY OF CLEARWATER AND ATKINS NORTH AMERICA, INC.
RFQ #04-21
FORT HARRISON CORRIDOR IMPROVMENTS CONSULTING SERVICES
This AGREEMENT is made and entered into on the LI day of-Mituary 2022 by and between the
City of Clearwater, Florida (CITY) and Atkins North American, Inc. (CONSULTANT).
WITNESSETH:
WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services
pertinent to such work in accordance with this Agreement; and
WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this
Agreement; and
WHEREAS, 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")
#04-21 and responses by the CONSULTANT to RFQ #04-21.
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
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 or architectural practices, by exercising
the skill, care, and ability ordinarily required of such consultants 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 #04-21, Scope of Services.
2.2 The CONSULTANT'S services under this Agreement will be provided under a project specific
Work Order(s). Each Work Order will include the services for a single project, phase, task, or
assignment, and will contain a mutually agreed-upon detailed scope of services, project goals,
fee, and schedule of performance in accordance with applicable fiscal and budgetary
constraints. Work Orders will be incorporated by reference and attached hereto this Agreement.
Total compensation for all services shall not exceed Two Million Seven Hundred Sixty -Seven
Thousand and Six Hundred Seventy -Seven Dollars and Thirty -Two Cents ($2,767,677.32) unless
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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 or all projects, phases, tasks, or assignments related
to this Agreement. The CITY further reserves the right to enter into contracts with other 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 5 years, subject to the provisions for termination contained herein. Assignments that
are in progress at the Termination Date shall be completed by the CONSULTANT unless
specifically terminated by the CITY. Should the CONSULTANT be in the progress of
completing work under this Agreement at the Termination Date, this Agreement shall continue
with all terms, conditions and obligations being in full force and effect until such time as the
work is completed. All provisions expressly intended to survive termination shall do so.
4.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE
NEGOTIATION ACT (CCNAI
Professional Services provided under this Agreement are within the scope of the practice of
architecture, landscape architecture, professional engineering, or registered land 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
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documents are not intended or represented to be suitable for use by the CITY or others for
purposes other than those for which the documents are prepared. Any reuse of these documents
without written verification or adaptation by the CONSULTANT for the specific purpose
intended will be at the CITY's sole risk without liability or legal exposure to the
CONSULTANT.
5.2 The CONSULTANT shall prepare preliminary construction cost estimates with each design
submittal to verify the proposed design is within the City project budgets. The CONSULTANT
shall prepare a final estimate of probable construction costs, following CITY approval of the
bid documents and other pre-bid activities. The CITY hereby acknowledges that estimates of
probable construction costs cannot be guaranteed, and such estimates are not to be construed as
a promise that designed facilities will not exceed a cost limitation.
5.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection with
any suit at law; subject to a supplemental agreement being negotiated between the CITY and
the CONSULTANT describing the services desired and providing a basis for compensation to
the CONSULTANT.
5.4 Upon the CONSULTANT'S written request, the CITY will furnish or cause to be furnished such
reports, studies, instruments, documents, and other information as the CONSULTANT and
CITY mutually deem necessary.
5.5 The CITY and the CONSULTANT each bind themselves and their successors, legal
representatives and assigns to the other party to this Agreement and to the partners, successors,
legal representatives and assigns of each other party, in respect to all covenants of this
Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer its interest in
this Agreement without written consent of the other.
5.6 To the fullest extent permitted by law, the CONSULTANT agrees to indemnify and hold
harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons
employed or utilized by the CONSULTANT in the performance of this CONSULTANT under
this AGREEMENT. Notwithstanding any provision herein to the contrary, this paragraph shall
not be construed as a waiver of any immunity to which CITY is entitled or the extent of any
limitation of liability pursuant to § 768.28, Florida Statutes. Furthermore, this provision is not
intended to nor shall it be interpreted as limiting or in any way affecting any defense CITY
may have under § 768.28, Florida Statutes or as consent to be sued by third parties. The
obligations under this paragraph shall expressly survive termination or expiration of this
Agreement.
PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, THE CONSULTANT'S
INDIVIDUAL EMPLOYEES OR AGENTS 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
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of this Agreement, or during its term.
5.8 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed from
the projects until alternate personnel acceptable to the CITY are approved in writing by the
CITY. Key personnel are identified as: Project Manager and technical experts.
5.9 The CONSULTANT shall attach a brief status report on the projects with each request for
payment.
5.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall make
no statements, press releases or other public communication concerning this Agreement or its
subject matter or otherwise disclose or permit to be disclosed any of the data, technical
processes, business affairs or other information obtained or furnished in the conduct of work
under this Agreement without first notifying the CITY and securing its consent in writing. The
CONSULTANT also agrees that it shall not publish copyright or patent any of the site-specific
data or reports furnished for or resulting from work under this Agreement. This does not include
materials previously or concurrently developed by the CONSULTANT for "In House" use.
Only data and reports generated by the CONSULTANT under this Agreement shall be the
property of the CITY.
5.11 Public Records. The CONSULTANT will be required to comply with Section 119.0701, Florida
Statutes, as may be amended from time to time, specifically to:
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600
Cleveland Street, Suite 600, Clearwater, FL 33755.
CONSULTANT ("contractor") shall comply with the following:
a) Keep and maintain public records required by the City of Clearwater (hereinafter
"public agency") to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided for in
Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise
provided by law.
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
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the public agency to perform the service. If the contractor transfers all public records
to the public agency upon completion of the contract, the contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
e) A request to inspect or copy public records relating to a public agency's contract for
services must be made directly to the public agency. If the public agency does not
possess the requested records, the public agency shall immediately notify the contractor
of the request and the contractor must provide the records to the public agency or allow
the records to be inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not
comply with the public agency's request for records, the public agency shall enforce
the contract provisions in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a
reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records
relating to a public agency's contract for services, the court shall assess and award
against the contractor the reasonable costs of enforcement, including reasonable
attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the
public records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff provided written notice
of the public records request, including a statement that the contractor has not
complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian
of public records and to the contractor at the contractor's address listed on its contract
with the public agency or to the contractor's registered agent. Such notices must be sent
by common carrier delivery service or by registered, Global Express Guaranteed, or
certified mail, with postage or shipping paid by the sender and with evidence of delivery,
which may be in an electronic format.
A contractor who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
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6.0 COMPENSATION
6.1 The CONSULTANT shall be compensated for services rendered under this Agreement in
accordance with the provisions of each Work Order, upon presentation of CONSULTANT'S
invoice and as provided for below.
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.
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 persons, company, corporation, individual
or Firm, other than a bona fide employee working for the CONSULTANT any fee, commission,
percentage, gift, or any other consideration, contingent upon or resulting from the award or
making of this Agreement.
8.0 TERMINATION FOR 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
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.
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11.0 TERMINATION FOR CONVENIENCE
Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving
written notice to the other of such termination and specifying the effective date of such termination
at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY
as provided herein, the CONSULTANT will be paid for services rendered through the date of
termination.
12.0 PUBLIC ENTITY CRIMES
Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity, may not
accept any proposal from, award any contract to, or transact any business in excess of the threshold
amount provided in § 287.017, F.S., for Category Two (currently $35,000) with any person or
affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate
was placed on the convicted vendor list unless that person of affiliate has been removed from the
list pursuant to § 287.133 (3)(f), F.S. By submitting a proposal, CONSULTANT is certifying that
Florida Statute 287.132 and 287.133 does not restrict submission.
13.0 ,SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS
The CONSULTANT will be required to comply with Section 287.135, Florida Statues, specifically
by executing the forms provided (attached).
14.0 RFO #04-21. STANDARD TERMS AND CONDITIONS
All terms and conditions as set forth in RFQ #04-21, 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 #04-21, Standard
Terms and Conditions; and (iii) Work Orders.
16.0 JNSURANCE REOUIREMENTS
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
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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.
See Section 448.095, Florida Statutes (2020).
[Remainder of Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date and
year first above written.
ATKINS NORTH AMERICA, INC.
Print Name: (J6( rtoile ifee.cl�,lo�
Title:
WITNESS:
By:
Print Name: 044:el gi�p�5
oe Pres=tet&47"
Countersigned: CITY OF CLEARWATER
See - \
Frank Hibbard Jon Jennings
Mayor City Manager
Approved as to form:
Assistant City Attorney
Attest:
L4 J Lal
Rosemarie Call
City Clerk
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,SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CI IRA 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 placed on the Scrutinized Companies with Activiti- : ' udan List, the Scrutinized Companies with
Activities in the Iran Petroleum Sector List, or engaged in bu es : perations in Cuba and Syria.
zed Signature
C1JQ
&Ay
Printed Name
v icy pre\ton*
Title
Atkins North America, Inc.
Name of Entity/Corporation
STATE OF Flo -,d�'t
COUNTY OF Rd Is (60 /O -q s w
The foregoing instrument was acknowledged before me by means of (ysical presence or 0 online notarization on, this
121 day of -7A n-1 ti e• -.-t , 202eby 0 k... - (,, (k AI -dc) c•- (name of person whose signature is being
notarized) as the (title) ofAtkins North Ameri Inc. (name of
corporation/entity), personally known , or produced (type of identification) as
identification, and who did/did not take an oath. N
My Commission Expires:
NOTARY SEAL ABOVE
MONICA M. VAZQUEZ
g,; " :*; MY COMMISSION #GG925092
EXPIRES: November 18, 2023
Notary Public
(1(1. l)q
Printed Name
10
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM
PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID
PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED, MAY DEEM YOUR SUBMITTAL
NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section
287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged
in a boycott of Israel; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this
solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of
Israel; and
3. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking other
actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli -
controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of
Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in
furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a
boycott of Israel; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner
will immediately notify the City of Clearwater in writing, no later an five (5) calendar days after any of its
principals are placed on the Scrutinized Companies that Boycott a- ist, or engaged in a boycott of Israel.
orize. Signature
CNN* R9c-Iohk ,QE
Printed Name
cQ grndeill'
Title
Atkins North America, Ine.
Name of Entity/Corporation
STATE OF P t u z, d
COUNTY OF 11.11 S 17„• f c.:-.1 S I^
The foregoing instrument was acknowledged before me by means of
13 day of _7 -in. -1,,,,,, , 20221;'y CIA,-/ to -K (Y -sc%.�(.:�( (name of person whose signature is being
notarized) as the U tte Ne sic) 4 (title) of Afidns North America, line, (name of
corporation/entity), personally known , or produced _ /� (type of identification) as
identification, and who did/did not take an oath.
ysical presence or 0 online notarization on, this
My Commission Expires:
NOTARY SEAL ABOVE
0"r,';• MONICA M. V Q
T. �' :•
,, MY COMMISSION Il GG 925092
• EXPIRES:November 18, 2023
Bonded 1hN Notary Public Undeiw ft s
Notary' Public
/ncnICs
Printed Name
11
(Y'• UCIZc)kAet
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 .. s terminated.
8. The Contractor is liable for any additional cost incurred b ' ity as a result of the termination of this Contract.
C . ri U (
S tore AC , A
Pri ted N e.0i
ICU
Title
Atkins North A.n eriep, Inc.
Name of Entity/Corporation
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means o
12, day of 202�1?by I�; rk (� Vl4/ "chi
notarized) as the U ((--4) L' ('s% JP (title) of
fysical presence or 0 online notarization on, this
d X (name of person whose signature is being
(name of
corporation/entity), personally known , or produced
identification, and who did/did not take an oath.
My Commission Expires:
NOTARY SEAL ABOVE
MONICAM.VAZQUEZ
599
MY COMMISSION , 2023
1;7. �- < SIRES: November t
(type of identification) as
Notary Public
c c, (/V1. l; % Zai LI�' L
Printed Name
12
Exfigb,-1- A
ATKINS
Member of the SNC-Lavalin Group
BRIGHT AM) BE AUIIRJL • BAY T)) REACH
CONSULTANT WORK ORDER
Date:
1/6/2022
1. PROJECT INFORMATION:
Project Title:
Fort Harrison Corridor Improvements
Clearwater Project Number:
19 -0036 -EN
Clearwater Plan Set Number:
2021010
Consultant Project Number:
TBD
2. SCOPE OF SERVICES:
Summary:
Atkins has prepared this Consultant Work Order Initiation Form for the City of
Clearwater (City) for the design of Phase I of the Fort Harrison Corridor Improvements
project (See 2.1 for description of project limits). Specific details of each service are
defined in their respective sections within this document. A general summary of
services is listed below:
• Coordination, preparation, attendance, and presentations at project meetings,
including public outreach
• Corridor improvements that promotes safe, accessible, and healthy travel for all
users
• Temporary demonstration project design, implementation, and evaluation
• Design of proposed City utility systems: water, reclaimed water and sanitary.
• Preparation and submittal of construction permits
• Preparation of complete and comprehensive design drawings, specifications,
construction documents and analysis, and cost estimates
A. Project Limits (see Figure 1):
Fort Harrison Avenue is a collector road that runs north and south from Belleair
Road (south end), through downtown Clearwater, to Alternate US 19 (North
Myrtle Avenue) (north end). The entire corridor improvements will ultimately
encompass Fort Harrison Avenue as previously described, however, this scope is
specific to Phase I. The approximate limits of Phase I can be found in Figure 1
and is described as follows:
1. Beginning near the intersection of Fort Harrison Avenue and Georgia Street,
approximately 10 feet south of the south curb return, traveling north to
Consultant Work Order
Page 1 of 23 Revised: 10/27/2021
Atkins
CONSULTANT WORK ORDER
FORT HARRISON CORRIDOR IMPROVEMENTS
[19 -0036 -EN] City of Clearwater
Alternate US 19 (North Myrtle Avenue), at or near the centerline of Pleasant
Street, approximately 1.0 mile.
2. The width of Phase I along Fort Harrison Avenue shall encompass the Fort
Harrison Avenue right-of-way plus the distance required to adequately design for
full depth roadway reconstruction, utility replacement, utility crossings, street
crossings, potential complete streets installations based on the temporary
demonstration projects and all other engineering and construction items defined
within this document.
B. Major Surface Components:
The surface components aim to enhance the vehicular and pedestrian
experience, simultaneously improving safety for users. Assessment, design,
permitting and construction shall be coordinated with the necessary agencies
Phase I include:
1. Stormwater surface drainage including roadway centerline relocation, surface
elevation changes and grading.
2. Full depth roadway reconstruction, landscape buffers, bicycle lanes, sidewalks,
striped medians, and pedestrian crosswalks.
3. An Intersection Control Evaluation (ICE) analysis and subsequent design will be
provided at the intersection of Fort Harrison Avenue and Alternate US 19 (North
Myrtle Avenue) accommodating vehicular, pedestrian and bicycle movements.
Atkins shall coordinate the intersection improvements design and funding efforts
with the Florida Department of Transportation (FDOT).
4. A prominent sign structure will be designed at the north end of the project. The
purpose of the sign is to provide welcoming aesthetics that invite traffic to
downtown Clearwater. Atkins shall coordinate the design of this sign with the
Planning and Development Department and FDOT if the sign is located within
FDOT right of way. The type of sign shall be consistent with the City of
Clearwater approved Wayfinding Plan and the type shall be provided to Atkins
for their design.
5. Existing unsignalized intersection crossings at Nicholson Street and Eldridge
Street will be upgraded to meet Americans with Disabilities Act (ADA) standards
and complete streets aesthetics. All other street crossings within Phase I shall be
analyzed and incorporated into the complete streets design.
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City of Clearwater
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C. Major Subsurface Components:
Atkins shall provide assessment and design of major subsurface components for
Phase I. The services will include the following:
1. Analysis of the existing City utilities, engineering recommendations for the
proposed improvements, design of the subsurface improvements (as approved
by the City), preparation of construction documents and utility permits.
2. Utility improvements for stormwater, potable water, sanitary sewer, and
reclaimed water. Atkins shall provide the necessary utility reports describing the
condition of existing underground infrastructure that will be replaced as part of
Phase I (including perpendicular crossings). Anticipated existing subsurface
infrastructure to be replaced is described below:
a. Potable Water: Approximately 4900 linear feet ranging in size between 4"
and 8". All 2" galvanized mains shall be replaced with 4" DI. Service lines
shall be replaced when replacing mains.
b. Sanitary Sewer Gravity: Approximately 5300 linear feet of 8" sewer.
c. Sanitary Sewer Force Main: Two (2) force mains cross the Fort Harrison
corridor in Phase 1 at Marshal Street (6") and at Nicholson Street (6")
(excludes relocating the 24" FM along Blanche B Littlejohn Trail into the Fort
Harrison corridor)
d. Sanitary sewer structures/manholes: Approximately 15
e. Stormwater structures: Approximately 19
f. Stormwater pipe: Approximately 475 linear feet of stormwater pipe ranging
in size between 12" and 42"
g. Reclaimed water: Existing reclaimed water crossings shall be tied into the
new reclaimed water main running along Fort Harrison wherever possible.
Shutoff valves for future reclaimed water distribution shall be provided at
intersections where feasible. Connect reclaimed water to landscape features.
3. Subsurface utility crossings are included in Phase I. The limits of each crossing
shall be defined as the perpendicular distance, on both sides of Fort Harrison
Avenue, that provides enough data for adequate engineering design. The
sanitary sewer crossing limits shall be the distance to the nearest manhole,
upstream and downstream. More specific definitions of each crossing will be
determined upon assessment.
City of Clearwater
D. Major Overhead Components:
The assessment and design of major overhead components for Phase I include:
1. Pedestrian and traffic signals, RRFB's, signs and poles will, at a minimum, be
assessed. This shall include the condition, functionality, placement and
necessity.
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2. Phase I contains an existing signalized intersection at Fort Harrison Avenue and
Seminole Street. There is no current plan to make any changes to the signalized
equipment at this location.
3. Intersections shall be upgraded to meet current Americans with Disabilities Act
requirements (ADA) requirements.
4. A lighting analysis will be provided, and roadway lighting will be upgraded to
meet corridor, roundabout, and signalized intersection lighting criteria. Lighting
analysis and design will be coordinated with the owning and maintaining
agencies (Duke Energy, Pinellas County and City of Clearwater).
I. PRE -DESIGN PHASE:
Task 1.1 Proiect Management
This task involves internal and external daily management activities that are
required prior to design. This will include progress reports, project meeting
organization and summaries, project planning, field visits and regularly scheduled
project updates with the Clearwater Project Manager.
Task 1.2 Project Kick-off and Coordination Meetings
A project kick-off meeting with City staff will be conducted that will involve
discussion of project scope, design, and surrounding impacts. This task also
includes coordination with the other Agency staff, between disciplines and
subconsultants, local governments, progress review meetings (phase review), and
miscellaneous project coordination meetings. Meeting minutes for all meetings
will be prepared and distributed to meeting members and City representatives.
Task 1.3 Traffic and Feasibility Evaluation
There are nearly 50 intersections along the FHA corridor, and the goal of this Task is
to identify mobility enhancement projects (e.g., temporary roundabouts or other
intersection modifications, chicanes or other traffic diverter techniques,
new/augmented crosswalks, enhanced bicycle facilities, and/or lane repurposing)
that could be incorporated into the final design of the Ft. Harrison Corridor
Improvement project. Identifying mobility enhancements is an iterative process,
therefore this Task is proposed to be broken into Phases I through V.
Phase I includes a high-level review of each intersection (i.e., traffic volumes, crash
history, pedestrian volume, existing geometric controls, and other existing studies)
and development of a technical memorandum with recommendations for
subsequent analyses.
It is understood that following Phase I, the additional analyses will include:
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Phase 11— Traffic Data Collection, Synchro Model and Analyses, Intersection Control
Evaluation (ICE) Stage 1 Analyses, and recommendations for subsequent Phase III.
Phase 111— ICE Stage 2 and recommendations for Phase IV.
Phase IV — Technical memorandum recommending temporary demonstration
project locations and development of matrices in which the City can define and
measure the success of each demonstration project.
Phase V — Final design of the selected temporary demonstration projects.
Since Phases II through V are dependent on the outcomes of prior Phases, an
allowance for each has been included in this project budget. Prior to commencing
Phase II, III, IV, and V, consultant will prepare separate scopes of work and budget
for City approval and deduction from the allowance budget.
Task 1.4 Survey
The services for this project will include 1.35 miles of route survey along Fort
Harrison Avenue from Jones Street to Pleasant Street to facilitate the design.
Figure 1 provides a map of the anticipated survey limits. Initially, the survey will
encompass the Phase I limits plus areas at least 20 feet beyond the Fort Harrison
Avenue and N Myrtle Avenue right-of-way lines.
Atkins will use a combination of robotic total stations, RTK GPS, Mobile LiDAR and
Fixed Scanning Technology to collect data. The following data shall be collected:
1. Establish horizontal and vertical control points along the survey route. These
control points will be set at approximately 500 -foot intervals along the roads
within the routes. The control points will be tied to the NAD 83 (1990
adjustment) of the Florida State Plane Coordinate System and NAVD88
Elevations.
2. Establish a Baseline with benchmarks placed every 1000 feet labeled for future
construction.
3. Survey 100 feet from the west and east Right -of -Way lines at each street
intersection along the route. Additional survey along side streets shall be
provided to collect information for the replacement of utilities along Mohawk
Street, Apache Trail, Fairmont Street, Marshall Street, Engman Street, Palm
Bluff Street, and Nicholson Street. Survey for utility design shall be provided
along Alternate US 19 from Osage Street south to Minnesota Drive.
4. Locate the upstream and downstream sanitary and storm drainage structures at
each intersection.
5. Review the recorded plats and property appraiser's maps to determine the
apparent limits of the public Rights -of -Way along the roadways within proposed
routes. Locate Section, Right -of -Way and Property Corners along the routes to
help verify the Rights -of -Way.
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6. Locate visible surface features, typically, edge of pavement, driveways,
sidewalks, walls, fences, utility features, signs and mailboxes.
7. Trees and Palm (Include location, size (with DBH 4" and larger) and extent of
canopy/dripline of existing trees in the limits of work.
8. Measure elevations sufficient to develop approximate 1 -foot contours
throughout the limits of the surveys.
9. Measure the invert elevations and pipe sizes of the accessible gravity storm and
sanitary sewer structures along the design route.
10. Locate the rim or lids of the electrical manholes, pull boxes and concrete vaults.
11. Locate surface utility features such as: water meters, fire hydrants, valves, back
flow preventers, poles, risers, transformers, manholes, and drainage structures.
12. Locate features and data for purposes of engineering the subsurface, surface
and overhead components (as described in previous sections).
Task 1.5 Geotechnical Investigation
Atkins will obtain the services of Gulf Coast Geotechnical Engineering to perform
geotechnical investigations. This effort will consist of the following components:
1. Performing at least one hand auger boring to 5 feet below the ground/roadway
surface for each 100 -foot interval of the roadway alignment. The borings will be
staggered left and right of the existing centerline and performed within the
existing roadway pavement. The work is anticipated to be performed at night.
2. Performing at least one Standard Penetration Test (SPT) boring to 20 feet below
the ground/roadway surface for each 300 -foot of the of the roadway alignment.
In addition, corrosion series testing on the in-situ soils will be performed to
establish corrosion parameters for the proposed utilities. The corrosion series
testing will include pH, Minimum Resistivity, Chlorides and Sulfates testing.
3. Collecting three bulk samples for a composite Limerock Bearing Ratio (LBR)
determination.
4. Performing permeability testing for areas where pervious pavement is
anticipated (up to 5 tests). City PM to approve locations before performing.
5. Performing a limited laboratory testing program to establish soil index
properties and generate a Roadway Soil Survey sheet. The laboratory tests will
include but are not limited to grain size analysis, moisture content, organic
determination and Atterberg Limit tests.
6. Within the limits of the site investigation, identifying the general location and
description of potentially deleterious materials which may interfere with the
construction progress or pavement performance including buried or surficial fill
material, organics, construction debris, etc.
7. Recording the groundwater levels found in the borings and estimating the
seasonal high groundwater table (SHGWT).
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8. Providing Maintenance of Traffic (MOT) and an off-duty law enforcement
officer with a vehicle as necessary in accordance with FDOT standard plan index
102.
Atkins geotechnical subconsultant will provide recommendations on the
suitability of materials found onsite, which might be excavated or moved during
site grading, for use as structural fill or general backfill.
Task 1.6 Subsurface Utility Exploration
Atkins will obtain the services of the Element Engineering to perform subsurface
utility exploration (SUE) in the project area. This task will involve utilizing
Electromagnetic and Ground Penetrating Radar to designate and mark the
horizontal location of found utilities along the proposed project routes. The SUE
subconsultant will provide up to 96 test holes using vacuum excavation to safely
expose utilities by using a combination of compressed and vacuum air.
II. DESIGN PHASE:
Task 2.1 Green Infrastructure and Sustainability
Atkins will employ low impact development and green infrastructure practices
along the corridor as practicable. This includes the strategies outlined in the
Greenprint 2.0 to support the City's sustainability plan. A technical
memorandum will be prepared documenting the review of the Greenprint 2.0,
describing the opportunities that will be implemented and documenting why
other opportunities will not be implemented.
Deliverable
• Low Impact Development and Green Infrastructure Technical
Memorandum (Draft and Final)
Task 2.2 Roadway Analysis & Documentation
Atkins will prepare design controls and criteria for developing project
alternatives and designing roadway geometry and other roadway elements
according to the City and FDOT standards with proper consideration given to the
design traffic volumes, design speed, capacity and levels of service, functional
classification, adjacent land use, design consistency and driver expectancy,
aesthetics, existing vegetation to be preserved, pedestrian and bicycle concerns,
Americans with Disabilities Act (ADA) requirements, Safe Mobility For Life
Program, access management, concepts from previous studies and the scope of
work.
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Atkins will design the project in accordance with the following publications and
as agreed to by the City to meet the requirements of the project:
• Manual of Uniform Minimum Standards for Design, Construction, and
Maintenance of Streets and Highways, Florida Department of
Transportation (FDOT), 2016 (Florida Green Book).
• AASHTO Roadside design Guide, (edition at time of bid)
• FDOT Design Manual
• FDOT Drainage Manual
• FDOT Standard Plans for Road and Bridge Construction (edition at time of
bid)
• FDOT Standard Specifications for Road and Bridge Construction (edition
at time of bid)
• FHWA Manual on Uniform Traffic Control Devices (MUTCD) (edition at
time of bid)
• 2010 Americans with Disabilities Act Accessibility Guidelines (ADAAG)
• SWFWMD ERP Basis of Review
• City of Clearwater Stormwater Manual
Atkins will coordinate with Pinellas Suncoast Transit Authority to determine the
transit route features to be included in the design along with other agencies
within the County. Transit features will be designed per County standards.
Task 2.2.1 Temporary Traffic Control Plan
During analysis of the TTCP, Atkins will evaluate constructability issues
and the ability to maintain traffic during construction according to the
FDOT Standard Plans, 102 Series. The TTCP is used to describe the actions
to be taken by the Contractor to minimize traffic impacts while conveying
traffic through the work zone. Atkins shall design a safe and effective
TTCP to move vehicular and pedestrian traffic during all phases of
construction. The design shall include construction phasing of roadways
ingress and egress to existing property owners and businesses, transit
features (e.g. bus stops), routing, signing and pavement markings, and
detours as needed. Special consideration shall be given to the
construction of the drainage and utility systems when developing the
construction phases.
Deliverable
• Roadway Design Criteria Technical Memorandum (Draft and Final)
• Typical Section Package (Draft and Final)
• Pavement Design Technical Memorandum (Draft and Final)
• Access Management Technical Memorandum (Draft and Final)
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Task 2.3 Drainage Analysis & Documentation
Atkins will analyze the existing stormwater infrastructure for Phase I of the Fort
Harrison project area which lies within the Coastal Zone 1 subwatershed. A 1 -
dimensional hydrologic and hydraulic (H&H) model will be developed utilizing
readily available data from the Southwest Florida Water Management District's
geographic watershed information system database and the City. The model will
be developed to represent the existing conditions for the contributing area to
Phase I of Fort Harrison Avenue. This is to evaluate the need to upsize any
stormwater infrastructure that crosses the Fort Harrison Phase I corridor.
Atkins will analyze and document Drainage Tasks in accordance with The City of
Clearwater Stormwater Drainage Criteria Manual, and applicable guidelines,
standards, handbooks, procedures, and current design memorandums. Atkins
will be responsible for designing the proposed drainage and stormwater
management system. As part of the design Atkins will coordinate fully with the
appropriate permitting agencies and the City's staff and will look for
opportunities to reduce runoff using green infrastructure along the corridor. To
provide an improved engineering design, the grade at each intersection shall be
analyzed for proper road pavement drainage, include "bird bath" ponding
elimination.
Atkins will prepare a drainage report documenting observations, design
consideration, and drainage criteria that were used for the Coastal Zone 1
subwatershed stormwater model and design of the Fort Harrison Phase I Design
in a draft and final technical memorandum. Atkins will incorporate comments
from the City and update the final drainage report to address these comments.
Deliverable
• Design Hydraulic Study (DHS) Technical Memorandum (Draft and Final)
o ICPR Model Files (Draft and Final)
o GIS Files associated with model setup
Task 2.4 Private Utility Coordination
Atkins shall coordinate with impacted utility agency owners (UAO) for the
adjustment, relocation or removal of existing facilities that are in conflict with
the proposed improvements. Any available record plan data provided to Atkins
by the City or the UAOs will be shown on the plans. Atkins shall coordinate with
private and City Utilities for Red -Green -Browns and Utility Work Schedule's and
shall provide Utility Adjustment Plans. This includes submission of 30%, 60%,
90% and 100% plans to private utilities. Atkins will coordinate and attend two (2)
utility coordination meetings with the area utilities to discuss the proposed
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project parameters, scheduling, construction issues and obtain input for design
and potential utility relocations.
Task 2.5 City Utility Analysis & Documentation
Atkins will replace the City's aging potable water, wastewater, and reclaimed
water infrastructure within the Phase I project area based on the
recommendations identified in the City's Water System Master Plan and
Wastewater Collection System Master Plan. Any recommendations for new
reclaimed water piping along Fort Harrison in the Phase I area are based on
recommendations identified in current reclaimed water system planning
documentation. Atkins is not performing any potable water, wastewater, or
reclaimed water system modeling as part of this project, unless authorized as an
addendum by the City.
In addition, the City will provide Atkins the finding of the City's WWCS Master
Plan. The current sanitary sewer pipelines along Fort Harrison Avenue within the
limits of the Phase I are gravity lines, primarily vitrified clay pipe (VCP), which will
be replaced in Phase I. There are two (2) force main (FM) pipeline crossings
within N. Fort Harrison Avenue, aligned along Marshal Street (6 -inch diameter
FM from LS#13) and Nicholson Street (6 -inch diameter FM from LS#12),
respectively. These two (2) FMs will be designed as part of this project within
the limits of the project area.
Reclaimed Water Transmission and Distribution Piping Design and Permitting
Reclaimed water (RCW) piping does not currently exist along Fort Harrison
Avenue within the limits of the Phase I project (Georgia Street north to N. Myrtle
Avenue (US Alt 19)). The City desires to add a RCW transmission main along Fort
Harrison Avenue and is currently evaluating the size of the main. The City shall
provide, to Atkins, a technical memorandum signed and sealed by a Professional
Engineer, licensed in the State of Florida, for use in their design and layout.
• RCW transmission main (as sized by the City)
The scope and fee developed herein are based on the assumption that the RCW
transmission and distribution piping will be installed using open cut construction.
Atkins will develop the Florida Department of Environmental Protection (FDEP)
permit application for the new reclaimed water system (transmission and
distribution) construction, including the necessary contract documents, design
calculations, plans and maps. Atkins will provide responses to routine inquiries
and requests for clarification related to the reclaimed water pipelines design.
Force Main Crossings Design and Permitting
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The current sanitary sewer pipelines along Fort Harrison Avenue within the limits
of the Phase 1 project (Georgia Street north to N. Myrtle Avenue (US Alt 19)) are
gravity lines, primarily vitrified clay pipe (VCP), which will be replaced in Phase 1.
There are two (2) force main (FM) pipeline crossings within Fort Harrison
Avenue, aligned along Marshall Street (6 -inch diameter FM from LS#13) and
Nicholson Street (6 -inch diameter FM from LS#12), respectively. The City's
Wastewater Collection System Master Plan (WWCSMP) includes a condition
assessment of the City's existing sewer system. Per the WWCSMP, the condition
of these two (2) force mains is rated 3 out of 5. The City wishes to proceed with
replacement of these two (2) force mains within the construction limits of this
Fort Harrison Avenue Phase 1 project, an approximate 200 liner foot (LF)
distance for each force main.
The scope and fee developed herein are based on the assumption that the force
mains will be installed using open cut construction.
Atkins will develop the Florida Department of Environmental Protection (FDEP)
permit application for the new force main construction, including the necessary
contract documents, design calculations, plans and maps. Atkins will provide
responses to routine inquiries and requests for clarification related to the force
main pipelines design.
Task 2.6 Lighting Analysis & Reports
Atkins will prepare a set of Street Lighting Plans in accordance with applicable
manuals, guidelines, standards, handbooks, procedures, and current design
memorandums. The design shall include a Lighting Design Analysis Report and
voltage drop calculations that will take inconsideration the strategies of
Greenprint 2.0 identified in Task 2.1.
Deliverable
• Lighting Design Technical Memorandum (Draft and Final)
Task 2.7 Landscape Analysis & Reports
Atkins shall analyze and document Landscape Architecture Tasks in accordance
with applicable manuals, guidelines, standards, handbooks, procedures, and
current design memorandums. Data collection will be required to complete the
initial design analysis, which includes identifying local ordinances and the
collection of other project data including surveys, data from field truthing, and
agreements with parcel owners. Analysis for the proposed landscape and
hardscape includes identification of opportunities and constraints for the
proposed project based on existing site conditions, safety criteria, utilities,
functional uses, maintenance requirements, and project objectives. This will
identify optimum streetscape configuration, composition, and landscaping. In
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addition, all plantings will prioritize native species in addition to the usual
Florida -friendly exotics to provide a sustainable, thriving street landscape.
Deliverable
• Conceptual Plan and Technical Memorandum with suggested materials
and illustrative details (Draft and Final)
Task 2.8 Public Involvement
Public involvement includes communicating to interested persons, groups, and
government organizations information regarding the development of the project.
Task 2.8.1 Public Involvement Plan Development
Atkins will prepare a Public Involvement Plan (PIP) for review and approval
by the City. The PIP must include a public involvement schedule and
identify potentially affected stakeholders and communities near the
Project area and establish the appropriate outreach methods. The
objective of the plan is to notify local governments, key stakeholders,
affected property owners, tenants, and the public of the City's proposed
construction and the anticipated impact of that construction. The plan shall
address timeframes for each review and shall include tentative design and
construction schedules.
Deliverable
• Public Involvement Plan (Draft and Final)
Task 2.8.2 Public Meetings and Communication
The public meetings shall include one (1) Demonstration Projects Workshop,
one (1) Corridor Design Charette (interactive, collaborative, brainstorming
session to identify potential corridor enhancements), and three (3)
Community Stakeholder Forums held during the concept design phase of the
project. Public meetings will be scheduled as needed to accomplish majority
public support of the project. Atkins will prepare, coordinate, attend and
present the presentations and provide required documentation as
needed. Proper notification will be given and a summary of the meeting,
including attendee list and comments made, will be completed. Any or all of
these meetings can be conducted in a hybrid format (in person and on -Zine).
Atkins will develop a virtual meeting room, with regularly updated project
information and graphics. The virtual public meeting room will be available
for the charrettes and workshop then will be updated at each of the 30%,
60%, and 90% milestone deliverables as the project progresses through final
design as a living document of project. This site can be available 24/7, with
the City determining the length of time the site is live.
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Atkins shall prepare materials to be used in the following communication aids
and deliverables:
• Newsletters: prepare newsletters for distribution to elected officials, public
officials, property owners along the corridor and other interested parties.
The letters will be sent by Atkins via First Class US Mail after approval of the
city project manager. Three (3) newsletters will be developed: following the
kick off, prior to the charette, and prior to construction.
• Fly Through animation: prepare a fly -through for use in public meetings.
• Visualizations: visualizations for use in public meetings.
• Social Media: materials that will be uploaded by the City to social media to
facilitate project communication per the City direction.
• Web Site: develop public involvement materials using a virtual meeting room
format.
Task 2.8.3 Presentations to Local MPOs and Associated Technical and
Citizen Committees
In addition to scheduled public meetings, Atkins will participate in meetings
with local governing authorities, key agencies, Metropolitan Planning
Organization (MPO), Homeowner Associations, and Key Stakeholders
including business and community leaders to inform them of the corridor
modifications being considered. Atkin's participation will include
presentations during the meeting, note taking, and summarizing the
meeting in a memo to the file. It is estimated for this project there will be
twelve (12) meetings with local governing authorities and/or MPOs during
the design.
III. FINAL DESIGN PHASE:
Atkins will prepare Construction Plans including the following sheets necessary to
convey the intent and scope of the project for the purposes of construction. The
construction plans will be prepared at a scale of 1"=20' for full size plans (24"x36")
conforming to the City of Clearwater Deliverable standards as described in
Attachment "A". Each design deliverable to the City will include two (2) hardcopy
sets and one (1) electronic copy. Final bid set of plans will be signed and sealed by
the Engineer of Record.
Task 3.1 30% Construction Documents
1. Cover Sheet
2. Index of Sheets
3. General Notes
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4. Key Sheet
5. Legend and Abbreviations per City standards
6. Drainage Map
7. Horizontal Control
8. Existing Conditions Plan / Survey (10 Sheets) (with existing Tree
information in the plans as specified by the survey)
9. Demolition Plans indicating existing improvements, utilities, and
identification of trees to be removed (10 Sheets)
10. Typical Section
11. Project Layout
12. Plan and Profile sheets with preliminary layout of the proposed
stormwater, sanitary sewer, potable water, existing right-of-way and
easements, subdivision, block, lot number, and plat book and page for
adjacent parcels (10 Sheets)
13. Plan sheets specific to utilities (10 Sheets)
14. Intersection Layout (9 Sheets)
15. Cross Sections
16. Landscape, Hardscape, and Irrigation Plans
Associated 30% Design Tasks/Activities
1. Site visits to review survey information and impacts
2. Inventory and Evaluation Grades for existing trees by a certified ISA
Arborist.
3. Project / Design Coordination
4. Plan and attend a SWFWMD pre -application meeting
5. 30% Submittal Design Package Preparation
6. QA/QC of 30% Submittal Design Package
7. Submittal of 30% Plan sheets to utility companies for their markup
8. Engineer's/Architect's preliminary opinion of (projected costs at
anticipated time of construction) probable construction cost, based on
the 30% submittal
9. Attendance at Public Information Meetings and preparation of draft and
final versions of display boards for that meeting
Task 3.2 60% Construction Documents
1. Cover Sheet
2. Legend, Abbreviations, and Utility Information per City standards
3. General Notes
4. Key Sheet
5. Signature Sheet
6. Drainage Map
7. Typical Section
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8. Optional Materials Tabulation
9. Project Layout
10. Roadway Plan and Profile with 60% layout of the proposed stormwater
and sanitary improvements including utility relocation/adjustment details
indicating utility conflicts, relocation design, and updated to indicate
existing private utilities, as available, such as gas, electrical, telephone,
fiber optic, and cable TV (10 Sheets)
11. Pian and Profile sheets specific to utilities (10 Sheets)
12. Intersection Layout
13. Drainage Structures
14. Cross Section Pattern
15. Roadway Soil Survey
16. Cross Sections
17. Stormwater Pollution Prevention Plan
18. Temporary Traffic Control Plans
19. Utility Adjustments
20. Signing and Pavement Marking Plans 60% layout will be designed in
accordance with applicable FDOT manuals, guidelines, standards,
handbooks, procedures, and current design memorandums. These tasks
include items such as crosswalks, pavement markings, and wayfinding
elements.
21. Signalization Plans 60% layout will be designed in accordance with
applicable FDOT manuals, guidelines, standards, handbooks, procedures,
and current design memorandums. The design shall include pedestrian
crosswalk signal upgrade and RRFB's incorporation.
22. Lighting Plans
23. Prominent Sign Structure Plans
24. Tree Preservation Plan based upon tree inventory/evaluations.
25. Landscape Plans
Associated 60% Design Tasks/Activities
1. 60% Submittal Design Package Preparation
2. 60% Technical Specifications (Atkins will review City's standard technical
specifications and modify or supplement as necessary for the project).
3. Prominent Sign Structure Design - Atkins will analyze and document the
prominent Sign Structural Design in accordance with applicable manuals,
guidelines, standards, handbooks, procedures, and current design
memorandums. This is for the entrance into Fort Harrison at the northern
end at the apex of Fort Harrison Avenue and Myrtle Avenue creating a
gateway into the downtown area.
4. 60% Engineer's Opinion of Probable Construction Cost & Quantities
(projected costs at anticipated time of construction)
Consultant Work Order Page 16 of 23 Revised: 10/27/2021
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City of Clearwater
5. QA/QC of 60% Submittal Design Package, Technical Specifications, &
Draft
6. Submittal of 60% Plan sheets to utility companies for their markup
7. 60% Plan Review Meeting with City
8. Respond to 60% City Review Comments
9. Draft SWFWMD ERP Permit Application Packages Preparation
10. Draft FDEP Utility Permit Application(s) Preparation
11. Permit Applications
12. Submittal of Permit Applications to SWFWMD and FDEP
13. Respond to RAIs from SWFWMD and FDEP
Task 3.2 90% Construction Documents
The 90% construction plans shall include the design items required for
the construction of the project, including the special provisions and
technical specifications. In addition to the items in the 60% submittal,
requirements for the 90% submittal shall include the following:
1. Detailed construction quantities based upon 90% design,
2. Engineer's/Architect's updated opinion of probable construction cost and
duration based on the 90% design submittal, and
3. Technical specifications and Special Provisions.
Associated 90% Design Tasks/Activities
1. 90% Submittal Design Package Preparation
2. 90% Technical Specifications
3. 90% Engineer's Opinion of Probable Construction Cost & Quantities
(projected costs at anticipated time of construction)
4. QA/QC of 90% Submittal Design Package & Technical Specifications
5. Submittal of 90% Plan sheets to utility companies for their markup
6. 90% Plan Review Meeting with City
7. Respond to 90% City Review Comments
Task 3.3 Final 100% Construction Documents
The 100% submittal shall address the City's final review comments.
Associated 100% Design Tasks/Activities
1. 100% Submittal Design Package Preparation
2. 100% Technical Specifications
3. 100% Engineer's Opinion of Probable Construction Cost & Quantities
(projected costs at anticipated time of construction
4. QA/QC of 100% Submittal Design Package & Technical Specifications
5. 100% Plan Review Meeting with City
6. Respond to 100% City Review Comments
7. Final Bid Package Submittal Preparation
Consultant Work Order
Page 17 of 23 Revised: 10/27/2021
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CONSULTANT WORK ORDER
FORT HARRISON CORRIDOR IMPROVEMENTS
[19 -0036 -EN]
8. QA/QC of Final Bid Package
City of Clearwater
Task 3.4 Permitting Services
1. Environmental Resource Permit (ERP) application
2. Florida Department of Environmental Protection (FDEP) sanitary and
water main permits
3. FDOT Construction Permits
4. All other City, State, County or Government Permits related to this scope.
Work shall be pre -authorized by the City prior to working on any other
permits.
Task 3.4.1 Environment Permits and Environmental Clearances
This task includes preparation of SWFWMD ERP (Individual), including
graphics, application forms, and Environmental Evaluation documents
needed to complete applications. Atkins will use current regulatory
guidelines and policies for permits required for Environmental Permits
and Environmental Clearances and will coordinate with the City Project
Manager and other appropriate City personnel in advance of all
scheduled meetings with the regulatory agencies to allow a City
representative to attend. Includes responding to up to 2 requests for
information from SWFWMD.
Task 3.4.2 Utility Permits
FDEP construction permits will be needed for new or relocated potable
water, wastewater and reclaim water mains. Atkins will prepare and
submit these applications and respond to comments and questions from
FDEP that pertain to the project's proposed improvements.
Task 3.4.3 Archeological and Historic Resources
The task consists of background research, preparing Research Design
and Survey Methodology and coordinating with the City of Clearwater
for approval if required during the permitting. The following is included:
archaeological and historic resources field survey, regional pre -contact
and historic context determination, Florida Master Site File (FMSF)
forms, prepare Cultural Resource Assessment Survey (CRAS) report
(draft and final), coordination with City of Clearwater and State Historic
Preservation Office (SHPO).
IV. BIDDING PHASE:
Task 4.1 Bidding phase services:
Consultant Work Order
Page 18 of 23 Revised: 10/27/2021
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CONSULTANT WORK ORDER
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[19 -0036 -EN]
1. Attend Pre -Bid meeting
2. Respond to bidding inquiries
3. Prepare addenda
4. Review bids and provide recommendation
5. Provide a conformed plan set
City of Clearwater
V CONSTRUCTION PHASE:
Construction phase services are not included in this scope of service.
3. PROJECT GOALS:
Embracing the City's vision for this project, the Atkins team will develop a cost-effective
design to improve infrastructure, facilitate economic development, and enhance quality
of life for Clearwater residents and visitors. The goal is to provide complete design and
bidding services associated with the Fort Harrison Corridor Improvements — Phase I,
described here in. This Phase I project will establish the standard design elements for
the future entire corridor improvements from Belleair Road, through downtown
Clearwater, to Alternate US 19 (North Myrtle Avenue).
4. FEES:
See Attachment "A".
This price includes all labor and expenses anticipated to be incurred by Atkins for the
completion of these tasks in accordance with Professional Services Method "A" — Hourly
Rate, for a fee not to exceed Two Million Seven Hundred Sixty -Seven Thousand Six
Hundred Seventy -Seven Dollars and Thirty -Two Cents ($2,767,677.32).
Permit application fees will be paid by the consultant and invoiced to the City as a
reimbursable.
5. SCHEDULE:
Development of bid documents and submitting project permits for the Fort Harrison
Corridor Improvement project will require approximately Five Hundred and Fifty -Two
(552) calendar days to complete from issuance of notice -to -proceed and receipt of survey
data from the City. The project deliverables are to be phased as follows:
30% Construction Plans: 210 calendar days
60% Construction Plans and Permit Applications: 360 calendar days
90% Construction Plans: 465 calendar days
Final Construction Documents: 552 calendar days
Consultant Work Order Page 19 of 23 Revised: 10/27/2021
Atkins
CONSULTANT WORK ORDER
FORT HARRISON CORRIDOR IMPROVEMENTS
[19 -0036 -EN]
City of Clearwater
6. STAFF ASSIGNMENT:
ENGINEER Staff:
Daniel Parsons, PE, CFM, ENV SP
Richard Uptegraff, PE
Reka Hendricks, PE
Wiatt Bowers, AICP
Juan Carlos Vilca, PE
Michelle Schofner, PE
Harry Belton, RLA
Project Manager (Atkins)
Deputy Project Manager (Atkins)
Roadway Lead (Atkins)
Transportation Planning Lead (Atkins)
Utilities Lead (Atkins)
Signing and Pavement Marking Lead (Atkins)
Landscape Architect Lead (Atkins)
City Staff:
Jeremy Brown Project Manager, Engineering Manager, Utilities
Jordan Hicks Deputy Project Manager, Professional Engineer,
Utilities
Michael Vacca Public Utilities Water Distribution Assistant
Manager
Al Gwyn Public Utilities Wastewater Collections and
Reclaimed Distribution Assistant Manager
Glenn Daniel City of Clearwater Public Utilities Water, Reclaimed,
& Wastewater Collections Manager
Michael Flanigan City of Clearwater Public Utilities Assistant Director
Richard Gardner Public Utilities Director
Mike Gilliam Public Utilities Infrastructure Maintenance
Manager
Changes to staff assignments require City approval.
7. CORRESPONDENCE/REPORTING PROCEDURES:
Correspondence shall be directed to:
Daniel Parsons, PE, CFM, ENV SP (Project Manager/Project Director) (813) 281-4856,
Daniel.parsons2Patkinsglobal.com
Copies provided to Richard Uptegraff, PE (Deputy Project Manager) (941) 926-6598,
Richard.uptegraffPatkinsglobal.com
All City project correspondence shall be directed to:
Jeremy Brown, PE, Engineering Manager (727) 562-4815
Jeremv.Brown@myclearwater.com
Copies provided to:
Richard Gardner, PE, Public Utilities Director (727) 562-4960 x7267
Richard.Gardner(a myclearwater.com
Consultant Work Order Page 20 of 23 Revised: 10/27/2021
Atkins
CONSULTANT WORK ORDER
FORT HARRISON CORRIDOR IMPROVEMENTS
[19 -0036 -EN]
Mike Flanigan, Public Utilities Assistant Director (727) 562-4960 x7267
Michael Flanigan@myclearwater.com
Jordan Hicks, PE, Utilities (727) 562-4560
Jordan.Hicks@myclearwater.com
8. FUNDING PROCEDURES:
City Invoicing Code:
3157541-530100-C2102 Roads $371,967.54
3197319-530100-C2102 Storm $597,974.24
3217321-530100-C2102 Water $826,119.81
3217321-530100-C2102 Sewer $826,119.81
3217321-530100-C2102 RCW $145,495.92
For work performed, invoices shall be submitted monthly to:
Attn: Stephanie Sansom, Division Controller
City of Clearwater, Engineering Department
PO Box 4748
Clearwater, Florida 33758-4748.
City of Clearwater
Contingency services will be billed as incurred upon written authorization from the City
of Clearwater Project Manager listed above.
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:
1. Purchase Order, Project and Invoice Numbers and Contract Amount.
2. The time period (begin and end date) covered by the invoice.
3. A narrative summary of activities completed in the time period.
4. Contract billing method — Lump Sum or Hourly Rate.
5. 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).
6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount
due, previous amount earned, the percent completion, 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).
Consultant Work Order
Page 21 of 23 Revised: 10/27/2021
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CONSULTANT WORK ORDER
FORT HARRISON CORRIDOR IMPROVEMENTS
[19 -0036 -EN] City of Clearwater
7. If the Work Order is funded by multiple funding codes, an itemization of tasks
and invoice amounts by funding code.
10. CONSIDERATIONS:
Consultant acknowledges the following:
1. The Consultant named above is required to comply with Section 119.0701,
Florida Statutes, where applicable.
2. All City directives shall be provided by the City Project Manager.
3. "Alternate equals" shall not be approved until City Project Manager agrees.
4. All submittals must be accompanied by evidence each has been internally
checked for QA/QC before providing to City.
5. Consultants/Contractors are not permitted to use City -owned equipment (i.e.
sampling equipment, etc.).
6. Documents posted on City website must be ADA accessible.
11. ADDITIONAL CONSIDERATIONS:
All work orders should include considerations for the following:
1. Sea Level Rise and Flood Resilience, as applicable.
2. Submittal of a Critical Path Method (CPM) Schedule(s).
3. 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.
4. 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.
Consultant Work Order Page 22 of 23 Revised: 10/27/2021
Atkins
CONSULTANT WORK ORDER
FORT HARRISON CORRIDOR IMPROVEMENTS
[19 -0036 -EN]
City of Clearwater
12. SIGNATURES:
PREPARED BY: APPROVED BY:
Charlotte Maddox, PE, D.WRE, PMP Tara Kivett, PE,
Vice President City Engineer
Atkins North America, Inc City of Clearwater
Date 1/12/2022 Date
Consultant Work Order
Page 23 of 23 Revised: 10/27/2021
Atkins
ATTACHMENT "A"
CONSULTANT WORK ORDER - PROJECT FEES TABLE
Fort Harrison Corridor Improvements
[19 -0036 -EN]
City of Clearwater
PROJECT FEES TABLE
Task
Description
Subconsultant
Services
Labor
Total
I.
Pre -Design Phase
1.1
Project Management
$0.00
$19,368.00
$19,368.00
1 2
Project Kick-off and Coordination
Meetings
$0.00
$61,332.00
$61,332.00
1.3
Traffic and Feasibility Evaluation
(Phase I)
$0.00
$8,122.38
$8,122.38
1.4
Survey
$0.00
$81,082.00
$81,082.00
1.5
Geotechnical Investigation
$94,935.00
$0.00
$94,935.00
1.6
Subsurface Utility Exploration
$98,800.00
$0.00
$98,800.00
Pre -Design Phase Total:
$363,639.38
II.
Design Phase
2.1
Green Infrastructure and Sustainability
$0.00
$9,482.25
$9,482.25
2.2
Roadway Analysis & Documentation
$0.00
$44,515.90
$44,515.90
2.3
Drainage Analysis & Documentation
$53,728.00
$94,423.70
$148,151.70
2.4
Private Utility Coordination
$0.00
$30,351.75
$30,351.75
2.5
City Utility Analysis & Documentation
$122,120.00
$0.00
$122,120.00
2.6
Lighting Analysis & Documentation
$0.00
$21,204.00
$21,204.00
2.7
Landscape Analysis & Documentation
$0.00
$30,140.00
$30,140.00
2.8
Public Involvement
2.8.1
Public Involvement Plan Development
$0.00
$7,464.75
$7,464.75
2.8.2
Public Meetings
$0.00
$103,699.50
$103,699.50
2.8.3
Presentations to Local MPOs and
Associated Technical and Citizen
Committees
$0.00
$20,376.75
$20,376.75
Design Phase Total:
$537,506.60
III.
Final Design Phase
3.1
30% Construction Documents
$0.00
$251,865.64
$251,865.64
3.2
60% Construction Documents
$0.00
$657,334.53
$657,334.53
3.3
90% Construction Documents
$0.00
$238,436.17
$238,436.17
3.4
Final 100% Construction Documents
$0.00
$153,709.95
$153,709.95
Consultant Work Order - Project Fees Table
Page 1 of 2
Revised: 10/27/2021
Atkins
ATTACHMENT "A"
CONSULTANT WORK ORDER — PROJECT FEES TABLE
Fort Harrison Corridor Improvements
119 -0036 -EN]
3.5
-
Permitting Services
3.5.1
Environment Permits and
Environmental Clearances
$0.00
$8,783.60
$8,783.60
3.5.2
Utility Permits
$0.00
$31,820.88
$31,820.88
3.5.3
Archeological and Historic Resources
$0.00
$23,998.05
$23,998.05
Design Phase Total:
$1,365,948.82
IV.
BIDDING PHASE:
4.1
Bidding Phase Services
$0.00
$41,564.52
$41,564.52
Bidding Phase Total:
$41,564.52
SUBTOTAL (SUBCONSULTANTS AND LABOR):
$2,308,659.32
7
Permit Fee Expense Allocation
$7,000.00
8
Contingency (10%)
$230,866.00
Traffic and Feasibility Evaluation
Allowance
$ 20,000.00
$ 200,000.00
$220,000.00
9
Other Direct Costs (Survey Truck)
$1,152.00
(Not applicable to lump sum Work Orders)
GRAND TOTAL:
$2,767,677.32
Consultant Work Order — Project Fees Table
Page 2 of 2 Revised: 10/27/2021
Atkins
ATTACHMENT "B"
CONSULTANT WORK ORDER — CITY DELIVERABLES
Fort Harrison Corridor Improvements
[19 -0036 -EN]
City of Clearwater
CONSULTANT WORK ORDER
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.
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.
Consultant Work Order — City Deliverables
Page 1 of 1 Revised: 10/27/2021
EXHIBIT B
City of Clearwater - Fort Harrison Corridor Improvements
City Project Number 19-0036-EN.RFQ#04-21
Engineer: Atkins North America, Inc.
POSITION CLASSIFICATION
HOURLY RATE
Project Director
$275.00
Project Manager
$207.00
EOR
$225.00
Senior Engineer / Scientist
$207.00
Engineer / Scientist
$120.00
Engineer / Scientist Intern
$75.00
Senior Designer
$144.00
CAD
$110.00
Senior Landscape Architect
$200.00
Landscape Architect
$110.00
Senior Planner / Scientiest
$200.00
Senior Geomaticist
$144.00
Senior Surveyor
$147.00
Geomaticist I
$93.00
Crew Chief
$86.00
Survey Technician
$83.00
Instrument Man
$54.00
Rodman
$50.00
Senior Technical Editor
$140.00
Administrative Assitant
$100.00
Billing rates are subject to escalation, as mutually agreed, 1 year after the contrat date. Expenses
will be compensated serperate from billing rates.
RFQ #04-21, 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. The Consultant's services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the project authorized
pursuant to 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
1
RFQ #04-21, Exhibit C
STANDARD TERMS AND CONDITIONS
S.11
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
2748 of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor's personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including
federal, state, and local taxes related to or arising out of Contractor's services under this
Agreement, including by way of illustration but not limitation, federal and state income tax, Social
Security tax, unemployment insurance taxes, and any other taxes or business license fees as
required. If any taxing authority should deem Contractor or Contractor employees an employee of
the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor's
responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest,
and penalties imposed upon the City.
2
RFQ #04-21, Exhibit C
STANDARD TERMS AND CONDITIONS
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.Call(a�myclearwater.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.
b) Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida
Statutes, as may be amended from time to time, or as otherwise provided by law.
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RFQ #04-21, Exhibit C
STANDARD TERMS AND CONDITIONS
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
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
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RFQ #04-21, Exhibit C
STANDARD TERMS AND CONDITIONS
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 non -
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor's intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non -defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
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STANDARD TERMS AND CONDITIONS
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 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. Contractor shall indemnify and hold harmless the County, 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 Agreement.
S.26 STANDARD OF CARE. Notwithstanding anything to the contrary in this agreement or in any other
contract document relating to the project, in performing its work under this agreement Contractor
shall perform its services to the standard of care of a reasonable professional that is performing
the same or similar work, at the same time and locality and under the same or similar conditions
faced by Contractor.
S.27 THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City's right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City's request and expense, furnish to the City reasonable assistance and
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RFQ #04-21, Exhibit C
STANDARD TERMS AND CONDITIONS
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or
publicity without obtaining the prior written consent of the City.
S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public
officer or employee within the last two (2) years shall not represent another organization before the
City on any matter for which the officer or employee was directly concerned and personally
participated in during their service or employment or over which they had a substantial or material
administrative discretion.
S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not release
Contractor from any obligation hereunder.
S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
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.37 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing
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RFQ #04-21, Exhibit C
STANDARD TERMS AND CONDITIONS
Administrator and/or an authorized representative from the using department. All questions
regarding the agreement will be referred to the administrator for resolution. Supplements may be
written to the agreement for the addition or deletion of services. Payment will be negotiated and
determined by the contract administrator(s).
S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Florida government agencies, including the Tampa Bay Area Purchasing
Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use
by other municipalities, school districts and government agencies in the State of Florida with the
approval of Contractor. Any such usage by other entities must be in accordance with the statutes,
codes, ordinances, charter and/or procurement rules and regulations of the respective government
agency.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City's
Purchasing Division.
S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided
by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or
registered mail, receipt will be deemed effective three (3) calendar days after being deposited in
the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective
two (2) calendar days after the sending thereof.
S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The
exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this
Agreement will be Pinellas County, Florida.
S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
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STANDARD TERMS AND CONDITIONS
S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
9
MASTER AGREEMENT BETWEEN
CITY OF CLEARWATER AND ATKINS NORTH AMERICA, INC.
RFQ #04-21
FORT HARRISON CORRIDOR IMPROVEMENTS CONSULTING SERVICES
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 #04-21
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.