SERVICES AGREEMENT - INDEPENDENT CONTRACTOR (3)SERVICES AGREEMENT (INDEPENDENT CONTRACTOR)
This Services Agreement ("Agreement"), effective August 5_, 2022 ("Effective Date")
is hereby entered into by the City of Clearwater d/b/a Clearwater Gas System, ("Client") and
Heath Consultants Incorporated ("Contractor ").
1) SCOPE OF WORK/ORDER
OF PRECEDENCE:
The work to be performed by Contractor will be as set forth in the "Contract Documents"
(defined below). The Contract Documents are complementary, what is required by one is as
binding as if required by all; however, in case of any inconsistency, conflict, or ambiguity
among the Contract Documents, the documents shall govern in Order of Precedence as follows:
(a) any Modification to this Agreement, (b) this Agreement, (c) Purchase Order(s), (d)
Contractor' s Bid Response/Bid Tab,
(e) the Invitation to Bid, (f) Standard Terms and Conditions, (g) any other documents
specifically enumerated in the Agreement as part of the Contract Documents, all of which are
incorporated herein by reference. Among categories of documents having the same order of
precedence, the term or provision that includes the latest date shall control. Information identified
in one Contract Document and not identified in another shall not be considered a conflict or
inconsistency. Any exception(s) submitted by Contractor in its Bid Response which are
rejected/not incorporated into the Agreement with consent of Client shall have no binding
effect.
2) PRICE /PAYMENT:
Client will pay Contractor for work performed as set forth in Exhibit "B", Price Schedule.
Terms: Net 30.
3) RELATIONSHIP OF PARTIES:
The parties intend that an independent contractor relationship will be created by this
Agreement. Performance and control of the work will lie solely with Contractor. The
Contractor is not to be considered an agent or employee of Client for any purpose.
4) CONTRACTOR'S EMPLOYEES QUALIFIED TO PERFORM THE WORK REQUIRED
UNDER THIS AGREEMENT UNDER SUBPART N OF SECTION 192 OF THE
FEDERAL PIPELINE SAFETY REGULATIONS /WARRANTIES
Contractor warrants and represents that it has an Operator Qualification Program as required
by Subpart N of Section 192 of the Federal Pipeline Safety Regulations and that the employees
who will perform the Work required under this Agreement have been evaluated and are qualified
to perform the tasks required under this Agreement.
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5) INSURANCE TO BE SECURED:
Contractor agrees to maintain such insurance acceptable to Client as set forth in the bid
documents and below:
1. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and
maintain (and cause any subcontractors, representatives or agents to acquire and maintain)
during the term with the City, sufficient insurance to adequately protect the respective interest of
the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better.
In addition, the City has the right to review the Contractor's deductible or self-insured retention and
to require that it be reduced or eliminated.
Specifically, the Vendor 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:
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 and proof of waiver is provided to the City, 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 $500,000 (five hundred
thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each
employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit.
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. Professional Liability Insurance coverage appropriate for the type of business engaged in by
the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claim
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
e. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution
conditions (including sudden and non -sudden pollution conditions) arising from the servicing and
operations of Vendor (and any subcontractors, representatives, or agents) involved in the
work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
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insurance policy's renewal date(s) for as long as this Agreement remains in effect, the Vendor 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" on the Commercial General Liability Insurance and
Auto Liability policies. In addition, when requested in writing from the City,Vendor 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: Procurement Division, ITB #15-22
P.O. Box 4748
Clearwater, FL 33758-4748
b. Vendor shall provide thirty (30) days written notice of any cancellation, non -renewal, termination,
material change or reduction in coverage.
c. Vendor's insurance as outlined above shall be primary and non-contributory coverage for
Vendor's negligence.
d. Vendor reserves the right to appoint legal counsel to provide for the Vendor's defense, for any
and all claims that may arise related to Agreement, work performed under this Agreement, or to
Vendor's design, equipment, or service. Vendor agrees that the City shall not be liable to
reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as
contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of anv potential
liability to the City. and City's failure to request evidence of this insurance shall not be
construed as a waiver of Vendor's (or any contractors'. subcontractors', representatives' or
agents') obligation to provide the insurance coverage specified.
6) INDEMNIFICATION
a. To the fullest extent permitted by law, Contractor agrees to defend,
indemnify, and hold the City, its officers, agents, and employees,
harmless from and against any and all liabilities, demands, claims, suits,
losses, damages, causes of action, fines or judgments, including costs,
attorneys', witnesses', and expert witnesses' fees, and expenses incident
thereto, relating to, arising out of, or resulting from: (i) the services
provided by Contractor personnel under this Agreement; (ii) any
negligent acts, errors, mistakes or omissions by Contractor or
Contractor personnel; and (iii) Contractor or Contractor personnel's
failure to comply with or fulfill the obligations established by this
Agreement, except as same may be caused by the City's negligence..
b. Contractor will update the City during the course of the litigation to
timely notify the City of any issues that may involve the negligence of
the City for which Contractor has not indemnified City hereunder.
c. The City assumes no liability for actions of Contractor and will not
indemnify or hold Contractor or any third party harmless for claims
based on Contractor's negligence under this Agreement or use of
Contractor -provided supplies or services.
Client's liability for torts shall be governed by Section 768.28, Florida Statutes. Contractor
agrees that nothing contained herein shall be construed as a waiver of any sovereign
immunity from or limitation of liability the Client may be entitled to under the doctrine of
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sovereign immunity, or Section 768.28, Florida Statutes. Furthermore, this provision is not
intended to, nor shall it be interpreted as, limiting or in any way affecting any defenses the
Client may have under Section 768.28, Florida Statutes or as consent to be sued by third
parties.
Contractor agrees that the Client reserves the right to appoint legal counsel for any and all
claims against the Client that may arise related to this Agreement or work performed under
this Agreement/Contract.
This indemnification obligation shall survive the expiration or termination of the Agreement.
Subject to Section 768.28, Florida Statutes, this indemnification obligation shall extend to all
costs, expenses and damages arising from any infringement, misappropriation or claim of
infringement or misappropriation of any process, product, apparatus or combination patent
resulting from the use of any designs or other information furnished by the other party and
incorporated in the Work or Ancillary Work.
7) COMPLIANCE WITH LAW AND SAFETYREQUIREMENTS:
All Work will be performed in accordance with the Federal Pipeline Safety Regulations, NFPA
58 and all applicable propane and pipeline industry safety practices and standards, and in
accordance with federal, state and local statutes, rules regulations and ordinances.
8) DURATION/RENEWALICANCELLATION:
This Agreement shall be effective upon execution by both parties hereto and the initial term shall
expire on August 4, 2023 ("Term"), unless a renewal is agreed upon by both parties, as provided
for in the associated bid documents (two (2) one-year renewal options), or unless terminated as
otherwise provided for herein. Client or Contractor may cancel the Agreement upon thirty (30)
days advance written notice. In the event this Agreement is terminated under the foregoing
provision, Client shall pay Contractor any amounts due for Work performed by Contractor and/or
materials or supplies ordered, delivered, and accepted by client prior to the date that the
termination notice is provided to the non -terminating party.
9) CONFIDENTIALITY:
Subject to applicable law, including but not limited to Chapter 119, Florida Statutes, Contractor
will not disclose to third parties any information concerning its work for Client, including ,
but not limited to, confidential or trade secret information or information regarding Client's
customers or potential customers, business and marketing plans , customer lists, credit
information , gas usage patterns, pricing and marketing policies and practices, financial
information and other operating policies and procedures. Contractor understands that if it
violates this Agreement, Client will suffer irreparable harm. Therefore, in addition to any other
remedies available to it, Client will be entitled to seek and obtain injunctive or equitable relief,
including orders prohibiting violations of this Agreement.
Subject to applicable law, including but not limited to Chapter 119, Florida Statutes, Client will
not disclose to third parties any information concerning its work with Contractor, including,
but not limited to, confidential or trade secret information or information, business and
marketing plans, customer lists, credit information, pricing and marketing policies and practices,
financial information and other operating policies and procedures. Client understands that if it
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violates this Agreement, Contractor will suffer irreparable harm. Therefore, in addition to any
other remedies available to it, Contractor will be entitled to seek and obtain injunctive or
equitable relief, including orders prohibiting violations of this agreement.
Contractor understands that Florida has very broad public records law, therefore, notwithstanding
the above, agrees to release any and all records as required by law.
10) MISCELLANEOUS:
(a) Waiver. Neither the failure nor any delay on the part of either party to exercise any
right , remedy , power or privilege under this Agreement shall operate as a waiver
thereof, nor shall any single or partial exercise of any right, remedy, power or
privilege preclude any other or further exercise of the same or of any other right ,
remedy, power or privilege, nor shall any waiver of any right, remedy, power or
privilege with respect to any occurrence be construed as a waiver of such right,
remedy , power or privilege with respect to any other occurrence. No waiver shall be
effective unless it is in writing and is signed by the party asserted to have granted
such waiver.
(b) Binding Nature of Agreement. This Agreement shall be binding upon and inure to
the benefit of Client and its successors and assigns and shall be binding upon and
inure to the benefit of Contractor, its successors and assigns.
(c) Provisions Separable. The provisions of this Agreement are independent of and
separable from each other, and no provision shall be affected or rendered invalid or
unenforceable by virtue of the fact that for any reason any other or others of them
may be invalid or unenforceable in whole or in part.
(d) Entire Agreement. This Agreement contains the entire understanding among the
parties hereto with respect to the subject matter hereof, and supersedes all prior and
contemporaneous agreements and understandings, inducements or conditions,
express or implied, oral or written, except as herein contained. The express terms
hereof control and supersede any course of performance and/or usage of the trade
inconsistent with any of the terms hereof. This Agreement may not be modified or
amended other than by an agreement in writing.
(e) Paragraph Headings — The paragraph headings in this Agreement are for
convenience only; they form no part of this Agreement and shall not affect its
interpretation.
(0
Gender, Etc. — Words used herein, regardless of the number and gender specifically
used, shall be deemed and construed to include any other number, singular or plural,
and any other gender, masculine, feminine or neuter, as the context indicates is
appropriate.
(g) Number of Days — In computing the number of days for purposes of this Agreement,
all days shall be counted, including Saturdays, Sundays and holidays; provided,
however, that if the final day of any time period falls on a Saturday, Sunday or
holiday on which federal banks are or may elect to be closed, then the final day
shall be deemed to be the next day which is not a Saturday, Sunday or holiday.
(h) This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original for all purposes and all of which shall be deemed collectively to
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5
be one agreement. The parties agree that execution of this Agreement by a party and the
delivery of such party's signature by mail, facsimile transmission, or electronic (e-mail)
transmission shall be fully effective as the original signature of such party to the fullest
extent asifitwere the original copy thereof.
(i) This Agreement shall be governed and interpreted in accordance with the laws of the
State of Florida. Venue of any dispute shall lie in Pinellas County, Florida.
11) FORCE MAJEURE
Neither party hereto shall be liable for any failure to perform the terms of this Agreement when
such a failure is due to "force majeure" as hereinafter defined. The term "force majeure" as used
in this Agreement shall mean any delay or default in performance due to any cause beyond the
control of the party claiming force majeure and without such party's fault or negligence ,
including but not restricted to acts of God or the public , civil disturbances, arrests and restraints
by rulers and people; acts of the public enemy, wars, riots, insurrections , sabotage; acts,
requests or interruptions of the federal , state or local government or any agency thereof; court
orders, present and future valid orders of any governmental authority, or nay officer, agency or
any instrumentality thereof; floods, fires, storms, epidemics , landslides, lightning, earthquakes
, washouts, explosions , quarantine, strikes, lockouts, or industrial disturbances; interruption of
transportation, freight embargos or delays in delivery of equipment or service necessary to the
performance of any provision of this Agreement ; inability to secure right of way, labor
shortages, breakage or accident to machinery or lines of pipe , or any other cause, whether of the
kind herein enumerated or otherwise , not reasonable within the control of the party claiming
force majeure. Nothing contained in this section, however, shall be construed to require either
party to settle a labor dispute against its will.
If as a result of force majeure wither party is unable , wholly or in part, to carry out its
obligation under this Agreement , other than the obligation to make payment of money due,
then, upon such party's giving notice and a description of such cause in writing to the other party
as soon as possible after the occurrence of the cause, the obligation of the party giving such
notice, so far as it is affected by the cause specified in such notice, shall be suspended for the
duration of the cause. Such cause shall, as far as possible, be remedied with all reasonable
dispatch.
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12) NOTICES
All notices , except verbal or email notices with respect to minor questions, shall be in writing
and shall be delivered by United States first class mail, postage prepaid, personal delivery,
facsimile (with printed confirmation) , electronic transmission (e-mail) or nationally
recognized overnight carrier to the appropriate party using the following respective addresses:
For Client: Clearwater Gas System:
400 N. Myrtle Ave Clearwater,
FL 33755
Attention: Alex Leon, Engineering Manager
727-562-4945
Email: AIex.Ieon@myclearwater.com
For Contractor:
Heath Consultants Incorporated
9030 Monroe Road
Houston, Texas 77061
Attention: Ken Cowher, Vice President -SBU
Operations Phone: 724-640-0655
Email: K.Cowher@heathus.com
All notices shall be effective on the party addressee from the time received by such party.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown
beneath their signatures.
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HEATH CONSULTANTS INCORPORATED
By:
y IA ejv,..s.__
Name: Ken Cowher
Title. VP of Operations
t) Thereunto duly authorized
Date: g fi-Z-
(Print)
(Prin
Countersigned:
Frank Hibbard
Mayor
By:
CITY OF CLEARWATER, FLORIDA
R.
Jon Jennings
City Manager
Approved as to form: Attest:
7,a,MAC --)fitZtititrY
Lue_ a
Laura Mahony `/Rosemarie CaII
Senior Assistant City Attorney City Clerk
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Conduct a Gas System Leak Survey, an Atmospheric Corrosion Survey, and Atmospheric
Corrosion Prevention Coating Services.
Additional documents pertaining to details attached herein.
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Exhibit A
DETAILED SPECIFICATIONS
1. INTRODUCTION. The City of Clearwater (City) is a coastal community on the West Coast of Florida
and the third largest city in the Tampa Bay region with an estimated 117,800 residents. Clearwater
Beach is an international tourist destination that brings millions of tourists to Pinellas County annually
and was selected as the "Number One Beach in America" in the 2018 and 2019 TripAdvisor Travelers'
Choice Awards and regularly ranks as a top vacation destination in both domestic and international
publications. An ideal year-round destination for travelers of all ages and interests, Clearwater boasts
miles of pristine "sugar sand" beaches, provides a wide variety of casual and fine dining options, and
is home to Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball.
Clearwater Marine Aquarium remains a consistent draw for visitors and is nationally recognized for
its groundbreaking work in marine rescue, rehabilitation, and release.
The City of Clearwater is committed to ensuring that we have a sustainable city through green
measures focusing on our economy, environment, and community.
2. BACKGROUND. Clearwater Gas System (CGS) is owned and operated as an enterprise natural
gas utility by the City of Clearwater. It currently has over 1,000 miles of underground gas main and
handles the supply and distribution of both natural and liquid propane (LP) gas throughout Pinellas,
Pasco and Western Hillsborough Counties.
3. SCOPE OF WORK. The City is soliciting sealed bids to perform gas system leak surveys,
atmospheric corrosion surveys, and atmospheric corrosion prevention coating of gas meters at
customer locations for CGS. All inspections & maintenance work shall be done in accordance with
Code of Federal Regulations (CFR) Part 192: Transportation of Natural and Other Gas by Pipeline
and Florida Administrative Code Chapter 25-12: Safety of Gas Transportation by Pipeline.
Atmospheric Corrosion surveys shall be conducted over a three (3) year period. In addition, "Outside
Business District" leak surveys shall be separated into three (3) sections and shall also be conducted
over a three (3) year period. All the "Inside Business District" survey locations shall be completed
each subsequent year, as required by Federal and State code. The following attachments have been
provided as a reference:
> Attachment A: Survey Procedures.
> Attachment B: Atmospheric Corrosion Prevention Coating Application.
> Attachment C: Pasco County Business District and Leak Survey Maps
> Attachment D: Pinellas County North Area Business District and Leak Survey Maps
> Attachment E: Pinellas County South Area Business District and Leak Survey Maps
A. SYSTEM OVERVIEW.
i. Approximate miles of distribution mains in the system: 1,078+
ii. Approximate number of natural gas service lines in the system: ±30,000
iii. Approximate miles of jurisdiction system LP distribution mains: 2.4
iv. Approximate number of LP gas service lines in the system: 121
B. GAS SYSTEM LEAK / ATMOSPHERIC CORROSION SURVEYS.
i. Vendor shall perform a walking gas system leak survey and atmospheric corrosion
survey of the Inside Business District (commercial) areas and all places where the public
is known to congregate frequently in which natural gas serves the property and/or where
the gas main is in proximity. These surveys cover approximately 1,078 miles of gas
main and residential service lines across Pasco and Pinellas Counties. Pasco county
contains approximately 281 miles of active mains; 79 miles of which are within the
business district. Pinellas county contains approximately 797 miles of active mains;
297.5 miles of which are within the business district. Please refer to the area maps
provided in Attachments C -E for additional details.
ii. Vendor shall perform a walking gas system leak survey and atmospheric corrosion
survey of approximately 130,000 residential and commercial gas services in Pinellas
County and Pasco Counties for the duration of this contract. Walking survey of the
Surveys and Corrosion Prevention 15 ITB #15-22
DETAILED SPECIFICATIONS
complete system shall be divided into grids and fully surveyed within the intervals noted
in the table below.
iii. Walking gas system leak and atmospheric corrosion surveys shall additionally
encompass ten (10) individual LP gas underground distribution systems, to include
applicable piping, and 121 independent LP gas service accounts.
iv. All natural gas surveys shall be completed with industry approved/accepted flame
ionizationdetection equipment (FID) or Remote Methane Leak Detector (RMLD) and all
leaks shall be classified with an approved and calibrated Combustible Gas Indicator
(CGI). Propane gas surveys shall be completed by bar hole and CGI method only.
Atmospheric Corrosion Survey includes all pipeline facilities used in the transportation
of gas including, but not limited to, metallic gas pipeline, valves and other
appurtenances connected to gas pipeline, fabricated assemblies, and residential,
commercial and metering stations. Metallic gas pipeline distribution systems or portions
thereof, are subject to atmospheric corrosion or moisture penetration and retention,
shall be inspected to assure detection of corrosion before detrimental damage occurs.
v. Easement and backyard mains/services shall only be completed via a walking survey.
vi. Estimated completion time for initial surveys shall be nine (9) months from start date of
the contract. All surveys are to be completed during the CGS operational hours of 7:00
A.M. to 3:30 P.M., Monday through Friday. A daily work schedule shall be sent to the
CGS Dispatch and the CGS Operations Section Manager. Any work performed outside
this specified timeframe will need to be pre -approved by CGS' Operations Section
Manager.
vii. CGS will provide all pertinent plain view mapping and service address listings for work
orders.
viii. A letter of identification or magnetic vehicle signs will be issued to the survey team by
CGS by the time or before the contract becomes in effect.
ix. Survey technicians' completed paperwork shall be submitted on a daily basis to the
CGS Operations Section Manager or assigned representative, to include: all streets and
congregate areas surveyed, all addresses of service lines surveyed and daily miles of
main surveyed in both commercial and residential districts.
x. Each gas system leak and atmospheric corrosion location surveyed shall be clearly
marked with yellow paint. Paint will be provided by CGS.
xi. The survey technicians shall make field recordings of gas -to -air percentage readings of
all leaks encountered. Recording shall be reported back to CGS via contractor's daily
report.
xii. The survey technicians will classify all gas system leaks and atmospheric corrosion
located as Class 1, Class 2, or Class 3, with an industry rated and calibrated CGI.
xiii. A CGS approved gas system leak and atmospheric corrosion report will be completed
by the survey technicians for each leak located on a daily basis and provided to the
CGS Operations Section Manager or assigned representative. All daily survey activities
shall be documented, and main line leak locations plotted with Global Positioning
System (GPS) coordinates and provided on the daily report.
xiv. Instrument calibration shall be performed daily and documented. Contractor is
responsible for maintaining all calibration and maintenance records of their respective
Surveys and Corrosion Prevention 16 ITB #15-22
DETAILED SPECIFICATIONS
equipment.
xv. The gas survey technicians shall remain on site of all Class 1 Teaks and atmospheric
corrosion locations until relieved by CGS responders. Consideration shall be given to
safety including establishing a hot zone and necessary evacuations.
4. MINIMUM REQUIREMENTS. The bid submittal shall meet the below requirements and include the
following information that is requested:
A. PERSONNEL REQUIREMENTS:
i. All personnel performing surveys under this contract shall have a minimum of two (2)
years documented experience performing mobile and walking gas leakage surveys.
a) Resumes for all personnel shall be provided at time of bid.
ii. By submitting a bid, each Vendor agrees that they have an established, or will
implement by the start of this contract, a Drug and Alcohol Training and Testing
Program for their employees that comply with the requirements of the United States
Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199. The
awarded vendor shall furnish quarterly and annual statistical reports to CGS's
Operations Manager and/or designated representative, to show active compliance.
iii. Gas survey technicians will be Operator Qualification (OQ) Certified per CFR 49 parts
192.801, 192.803, 192.805, 192.807, and 192.809. Proof of training, experience and
certification will be provided with the bid, and prior to any new technician(s) being
added to the crew performing the resulting contract work.
B. GENERAL REQUIREMENTS:
i. A dependable cellphone or electronic device to be used to communicate with CGS
a) Shall have capability of taking quality (minimum of five (5) Megapixels)
pictures.
ii. List of leak survey equipment/device(s) to be used with bid submittal.
iii. Flame Ionization (FI) Unit - Bascom Turner Gas Rover with GPS or equivalent.
iv. Combustible Gas Indicator (CGI) unit - Bascom Turner Gas Rover with GPS or
equivalent.
v. Remote Methane Leak Detector (RMLD) -Tunable Diode Laser Absorption
Spectroscopy (TDLAS) or equivalent.
vi. GPS Unit- Bascom Turner Gas Rover with GPS or equivalent.
vii. All GPS and Geographic Information System (GIS) data shall meet the following
requirements:
a) Data shall be delivered in an Environmental Systems Research Institute
(ESRI) compatible format.
b) GPS locations collected at sub -meter accuracy..
c) Data delivered in State Plane NAD 83 horizontal datum
viii. Outline of leak survey procedures/methods to be used during this contract with bid
submittal.
ix. Sample of a typical leak corrosion as -built drawing or field sketch with bid submittal.
x. Biweekly average anticipated work hours per grid section of CGS's system with bid
submittal.
xi. CGS will be notified immediately of any failures and discoveries of
Abnormal Operating Conditions (ADC's).
5. REFERENCES. Vendor shall provide with bid a minimum of three (3) customer references
where the proposed services have been used in a similar application.
6. INSURANCE REQUIREMENTS. The Vendor 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
Surveys and Corrosion Prevention 17 ITB #15-22
DETAILED SPECIFICATIONS
the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or
better. In addition, the City has the right to review the Contractor's deductible or self-insured
retention and to require that it be reduced or eliminated.
Specifically, the Vendor 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:
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 and proof of waiver is provided to the City, 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 $500,000 (five
hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand
dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease
policy limit. 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. Professional Liability Insurance coverage appropriate for the type of business engaged in
by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a
claim 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
e. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution
conditions (including sudden and non -sudden pollution conditions) arising from the servicing
and operations of Vendor (and any subcontractors, representatives, or agents) involved in the
work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and
$2,000,000 (two million dollars) general aggregate.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
Other Insurance Provisions.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the
insurance policy's renewal date(s) for as long as this Agreement remains in effect, the Vendor
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" on the Commercial General Liability
Insurance and Auto Liability policies. In addition, when requested in writing from the City,
Surveys and Corrosion Prevention 18 ITB #15-22
DETAILED SPECIFICATIONS
Vendor 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: Procurement Division, ITB #15-22
P.O. Box 4748
Clearwater, FL 33758-4748
b. Vendor shall provide thirty (30) days written notice of any cancellation, non -renewal,
termination, material change or reduction in coverage.
c. Vendor's insurance as outlined above shall be primary and non-contributory coverage for
Vendor's negligence.
d. Vendor reserves the right to appoint legal counsel to provide for the Vendor's defense, for any
and all claims that may arise related to Agreement, work performed under this Agreement, or
to Vendor's design, equipment, or service. Vendor agrees that the City shall not be liable to
reimburse Vendor for any legal fees or costs as a result of Vendor 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 City's failure to request evidence of this insurance shall
not be construed as a waiver of Vendor's (or any contractors', subcontractors',
representatives' or agents') obligation to provide the insurance coverage specified.
Surveys and Corrosion Prevention 19 ITB #15-22
MILESTONES
1. BEGINNING AND END DATE OF INITIAL TERM. August 5, 2022 — August 4, 2023
If the commencement of performance is delayed because the City does not execute the contract
on the start date, the City may adjust the start date, end date and milestones to reflect the delayed
execution.
2. EXTENSION. The City reserves the right to extend the term of this contract, provided however,
that the City shall give written notice of its intentions to extend this contract no later than thirty (30)
days prior to the expiration date of the contract.
3. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as
provided. The decision to renew a contract rests solely with the City. The City will give written
notice of its intention to renew the contract no later than thirty (30) days prior to the expiration.
Two (2), one (1) year renewals possible at the City's option.
4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise
provided by the specifications, and include all transportation, insurance and warranty costs. The
City shall not be invoiced at prices higher than those stated in any contract resulting from this bid.
The Contractor certifies that the prices offered are no higher than the lowest price the Contractor
charges other buyers for similar quantities under similar conditions. The Contractor further agrees
that any reductions in the price of the goods or services covered by this bid and occurring after
award will apply to the undelivered balance. The Contractor shall promptly notify the City of such
price reductions.
During the sixty (60) day period prior to each annual anniversary of the contract effective date, the
Contractor may submit a written request that the City increase the prices for an amount for no more
than the twelve month change in the Consumer Price Index (CPI -U). Tampa -St. Petersburg -
Clearwater. Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of
Labor Statistics(htto://www.bls.gov/ppi/home.htm). The City shall review the request for
adjustment and respond in writing; such response and approval shall not be unreasonably withheld.
At the end of the initial term, pricing may be adjusted for amounts other than inflation based on
mutual agreement of the parties after review of appropriate documentation. Renewal prices shall
be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph.
No fuel surcharges will be accepted.
Surveys and Corrosion Prevention 20 ITB #15-22
BID SUBMISSION
1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids
website at https://www.myclearwater.com/business/rfp.
For bids mailed and/or hand -delivered, bidder must submit one (1) signed original bid and one (1)
electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of
this solicitation.
2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not
necessary to return a copy of this solicitation's Instructions, Terms and Conditions, or Detailed
Specifications with your bid response. Only submit the requested forms and any other requested
or descriptive literature.
❑ Original and proper number of copies with electronic format (if requested)
❑ Bid container properly labeled
❑ Bid pricing form
❑ List of qualified personnel that will be assigned to successfully fulfil bid along with resumes
❑ Proof of training, experience and OQ Certification per CFR 49 parts 192.801, 192.803,
192.805, 192.807, and 192.809
❑ List of leak survey equipment/device(s) to be used during this contract
❑ Outline of leak survey procedures/methods to be used during this contract
❑ Sample of a typical leak corrosion as -built drawing or field sketch
❑ Biweekly average anticipated work hours per grid section of CGS's system
❑ Exceptions/Additional Materials/Addenda form
❑ Vendor Information form
❑ Scrutinized Companies form(s) as required
❑ E -Verify Eligibility form as required
❑ Offer Certification form
❑ Minimum of three customer (3) references for which the vendor has recently performed similar
services
El W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.0f)
Surveys and Corrosion Prevention 21 ITB #15-22
ITB #15-22 — Atmospheric Corrosion Prevention Coating Application
ATMOSPHERIC CORROSION PREVENTION COATING APPLICATION
One of the most important CGS goals of coating and corrosion protection programs is to provide
the most economical protection of gas meters and applicable line piping and structures.
Numerous surveys and statistics have depicted the consequences of neglecting or scrimping on
surface preparation, coatings application, materials, or inspection.
The results of the Atmospheric Corrosion Survey that are depicted in the classification of Class
2 corrosion category will clearly meet the requirements for coating renewal, similarly the
resulting Class 3 corrosion category of metallic gas pipeline distribution systems or portions
thereof, including meter sets and assemblies in potentially high corrosion plagued areas will
also be coated to mitigate the need for future remedial actions resulting from current corrosive
environmental conditions.
Workmanship
A. Use skilled craftsmen and experienced supervision. For all jobs involving lead based paint
removal or repair, require the presence of a certified Competent Person, Lead per OSHA
requirements.
B. Apply coating to produce an even film of uniform thickness. Give special attention to
edges, corners, bottom, back -side, crevices, and joints. Ensure thorough cleaning and an
adequate thickness of coating material. Apply coatings to produce finished surfaces free
from runs, drips, ridges, waves, laps, brush marks, and variations in color, texture and
finish. Effect complete hiding so that the addition of another coat would not increase the
hiding. Give special attention to ensure that edges, corners, crevices, welds, and similar
areas receive a film thickness equivalent to adjacent areas. Apply a brushed stripe coat to
all edges and welds after priming submerged or severe service areas; such as the soil/ air
interface at ground level.
C. Remove, mask or otherwise protect building structure, equipment, hardware, name plates,
serial numbers AMR's on gas meters, and other surfaces not to be painted. Provide drop
cloths to prevent coating materials from falling on or marring adjacent surfaces. Protect the
working parts of mechanical and electrical equipment from damage during surface
preparation and coating operations. Mask openings to prevent entry of coating or other
materials.
D. Do not damage adjacent work during cleaning operations. Conduct painting under
carefully controlled conditions. Promptly repair any damage to adjacent work or adjoining
property occurring from cleaning or coating operations and chemical/ detergent run off.
E. Coordinate cleaning and coating so that dust and other contaminants from the cleaning
process will not fall on wet, newly -coated surfaces
Surface Preparation
Metal Max is surface tolerant and self -priming on tight rust. Remove all loose rust, paint, and
mill scale by scraping, sanding, or wire brushing. Remove all dirt, oil, mildew and salt contami-
nation. Surface must be dry before applying product. Glossy surfaces should be de -glossed by
manual or mechanical methods and wiped clean.
1
Attachment A
ITB #15-22 — Survey Procedures
ATMOSPHERIC CORROSION SURVEY DETAILS AND PROCEDURE
1. The CGS natural gas distribution system includes all pipeline facilities used in the
transportation of gas, including, but not limited to, metallic line pipe, valves and other
appurtenances connected to line pipe, fabricated assemblies, and residential, commercial &
metering stations.
2. Metallic gas pipeline distribution systems or portions thereof, are subject to atmospheric
corrosion or moisture penetration and retention, shall be inspected to assure detection of
corrosion before detrimental damage
Atmospheric Corrosion shall be classified using the following classifications:
• Severe Atmospheric Corrosion (Class 1) — A condition in which severe metal loss
creates concern for the integrity of the pipe or structural component; requiring singular,
multiple piping or component replacements, including connections to line pipe, fabricated
assemblies or the entire commercial or residential meter installation requires rebuilding
• Sliaht Atmospheric Corrosion (Class 21— A condition in which pitting or scaling is
beginning to take place on a singular, multiple piping or component replacements,
including connections to line pipe, fabricated assemblies or the entire commercial or
residential meter installation requires rebuilding. Scraping the pipe or components,
washing and repainting would correct the surface corrosion issue
• Mild Atmospheric Corrosion (Class 3) — Minimal or no corrosion where the service will
be fine for an additional survey cycle of three (3) years.
3. The gas facilities' operating history, future anticipated operating conditions, evidence of
possible corrosion found during routine observations, and actual inspection results shall be
considered when establishing inspection frequencies in addition to the required established
PHMSA and PSC timelines, frequency will increase in know corrosive environments.
4. Inspection for atmospheric corrosion shall include, but not be limited to, areas such as all
above ground piping between pipe and pipe supports, gas risers and meter sets, piping at pipe
penetrations of building walls, special attention shall be given to piping at ground level at the soil
air interface and any thermally insulated meter piping. The CGS natural gas system includes all
pipeline facilities used in the transportation of gas, including but not limited to metallic line pipe,
and residential, commercial and metering stations
5. At three (3) year intervals, check the condition of wear pads, supports or sleeves, and risers
to confirm continued protection of the pipe, especially in areas conducive to corrosion. Such
areas would typically be those where moisture including and salt and reclaimed water spray is
present on the pipe due to reasons other than normal precipitation. The results of inspections,
geographic location, and pipe environment will be used to determine any additional appropriate
continuing inspection level.
6. Corrosion, leaks, and defects may be safety related conditions. All Class 1 leaks shall be
reported immediately. Refer to the Reporting of Safety Related Conditions procedure. All areas
surveyed will be submitted daily with a bi-weekly summary. All areas of active corrosion will be
photographed with a digital camera producing high quality pictures.
2
ITB #15-22 — Survey Procedures
WALKING GAS MAIN/SERVICE LINE SURVEY PROCEDURE
This procedure outlines the walking survey of all non -paved/ non traffic right-of-ways, meters,
regulator stations, bridge waterway crossings and related gas equipment.
• Use Flame Ionization (FI), Remote Methane Leak Detector, and Combustible Gas
Indicator (CGI) on all above ground gas carrier piping and gas equipment. Use Flame
Ionization or Remote Methane Leak Detector as much as possible and visual for the
remainder.
• Document river/creek & waterway crossings
• Document all atmospheric corrosion and any other abnormal operating conditions
• Document survey route using logs and addresses of meter sites surveyed and or GPS
tracking; daily with weekly summary
• Document and classify leaks:
o GPS bar -hole locations
o Bar -hole all 4 directions until 0% gas found
o Classify leaks per CGS- O&M manual per the FAC 25-12
• Notify CGS Gas Dispatch immediately of all Class 1 leaks by phone as they are found
and stand by until relieved by CGS responder. Consideration shall be given to life safety
including establishing a hot zone and necessary evacuations.
• Notify CGS support staff of all Class 2 & 3 leaks in a weekly summary report
• Verify and provide documentation of all missing mains/service lines not plotted on leak
survey map and then resurvey
• Provide a bi-weekly report which includes the following:
o GIS map of all mains & service lines surveyed
o All leak reports with quality digital pictures
o Atmospheric corrosion with quality digital pictures and any other abnormal
operating conditions
o Congregate buildings and areas surveyed
o River/creek & waterway crossing surveys
o List of any buildings that have inside meter set that could not be surveyed
1
Attachment B
ITB #15-22 — Atmospheric Corrosion Prevention Coating Application
Coating performance is directly affected by surface preparation. Coating integrity and service
life will be reduced because of improperly prepared surfaces. As high as 80% of all coating
failures can be directly attributed to inadequate surface preparation that affects coating
adhesion. Selection and implementation of the proper surface preparation ensures coating
adhesion to the underlying base and prolongs the service life of the coating system. The
majority of paintable surfaces, ferrous metal surfaces, galvanizing and aluminum require
protection to keep them from corroding in aggressive environments. Selection of the proper
method for surface preparation depends on the substrate, the environment, the coating selected
and the expected service life of the coating system
Previously Coated Surfaces
Maintenance painting will frequently not permit or require complete removal of all old coatings
prior to repainting. However, all surface contamination such as oil, grease, loose paint, mill
scale, dirt, foreign matter, rust, mold, mildew, mortar, efflorescence and sealers must be
removed to assure sound bonding to the tightly adhering old paint. Glossy surfaces of old paint
films must be clean and dull before repainting. .. Of most concern are water-soluble salts such
as chlorides, sulfates, and nitrates, which are deposited on the steel surface by acid rain,
marine spray, reclaimed irrigation water and occasionally by chemical splash and spillage.
Washing with an abrasive cleanser will clean and dull in one operation, or, wash thoroughly and
dull by sanding. Spot prime any bare areas with an appropriate primer.
Coating Product
The current coating product: "DYCO" METAL MAX INDUSTRIAL CORROSION RESISTANT
ENAMEL 3605, 3606, 3607, 3608S, SP0976, and SP01002, will be provided by CGS
Coating Application
Apply with a brush or roller. Brush: Use appropriate premium latex paint brushes for best
results. Roller: Use a 1/4"- 3/8" nap cover for smooth surfaces, a 1/2" nap cover for semi -rough
surfaces. Work quickly to maintain a wet edge, but avoid over brushing and/or rolling. Heavily
rusted or pitted areas should receive adequate coating to fill and flow smoothly. Apply 2 or
more coats to achieve 4 mils DFT. Recoat within one hour. Additional coats must be applied
within 4 hours.
Post Coating
Upon completion of final coating and after it has thoroughly dried, a two week follow-up
inspection shall be scheduled to determine if additional coating application is needed. During
the inspection, an identifying decal (provided by CGS) shall be affixed to the exposed line pipe,
fabricated assemblies or the center front body of the commercial, residential gas meter or
metering station. Contractor will provide a high quality digital photograph of completed work.
2
Attachment A
ITB #15-22 — Survey Procedures
7. CGS has previously cleaned and coated each pipeline or portion of pipeline that is exposed
to the atmosphere. However, operator does NOT have to clean and coat the pipeline if the
operator can demonstrate by test, investigation, or experience appropriate to the environment
that corrosion will:
• Only be a light surface oxide; OR
• Will not affect the safe operation of the pipeline before the next scheduled inspection.
SURVEY PROCEDURE
• Inspect all aboveground onshore piping every three (3) calendar years. During
inspections, particular attention must be given to soil -to -air interfaces, under thermal
insulation, under disbanded coatings, at pipe supports, in corrosive splash zones, at
deck penetrations, at ground level and in spans over waterways
• The primary method of inspection is visual. Further non-destructive testing (NDT)
techniques (such as ultrasonic thickness measurements, pit depth gauge readings,
radiography, etc.) may be implemented by CGS if visual evidence of corrosion damage
or other conditions warrant. (See Section h)
• CGS has instituted and maintains a continuing program of painting based upon results of
the external inspection program.
• Inspect the transition zone (soil to air interface) of pipe entering the ground to confirm it
is properly coated whereby penetration of moisture between the pipe and coating is
prevented. Whenever a condition is observed where moisture may be retained between
the coating and pipe, remove the coating, inspect the pipe, and evaluate severity of
corrosion if present classify and notify CGS on atmospheric corrosion survey report,
provide high quality digital pictures
• For any thermally insulated systems, visual inspection of the external jacket to ensure its
integrity against moisture intrusion under the jacket is usually sufficient; if the integrity of
the external jacket has been breached and liquid water may be present against the
carrier pipe surface, additional inspection techniques may be required to detect possible
corrosion.
• Areas where liquid water may accumulate or be trapped against the outside of the
pipeline may require special attention. Caulks, mastics or other sealants should be used
to prevent water accumulation at these sites. Notify on atmospheric survey report,
provide high quality digital pictures
• Repairs and preventive maintenance actions necessitated by these inspections shall be
completed prior to the next inspection.
• In cases where pipe wall loss exceeds 10% of the nominal new pipe wall thickness,
Corrosion supervisor shall take prompt remedial action/or recommend pipeline repair
requirements, provide high quality digital pictures.
3
Attachment A
ITB #15-22 — Survey Procedures
• References for determining the remaining strength of a pipeline are:
1) ASME/ANSI B31G (49CFR192 currently referenced edition), "Manual forDetermining
the Remaining Strength of Corroded Pipelines."
2) AGA Pipeline Research Committee, Project PR -3-805, "A Modified Criterion for
Evaluating the Remaining Strength of Corroded Pipe"(49CFR192 currently referenced
edition).
• If atmospheric corrosion is found during an inspection, the operator CGS must provide
protection against the corrosion as required by 192.479 (cleaning and coating).
RECORDS
• Complete the CGS atmospheric survey form to document the location inspected and the
extent of external corrosion on aboveground facilities, provide quality digital pictures
• Complete the CGS Pipeline Maintenance and Surveillance Forms whenever external
corrosion is identified and a repair or a preventive maintenance action, other than
painting, is required. Provide quality digital pictures
• Maintain the above records for the life of the facility.
• All Gas Survey Technicians will be Operator Qualification certified per Code of Federal
Regulations 49 CFR, Sections 192.479, 192.481, 192.485, 192.491, 192.605, 192.613
and 192.709. Proof of Training, experience and Operator Qualification will be provided to
Clearwater Gas System
4
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Exhibit B
BID PRICING
Pursuant to the contract specifications enumerated and described in this solicitation, we
agree to furnish Surveys and Corrosion Prevention Coating Services to the City of
Clearwater at the price(s) stated below.
Atmospheric Corrosion Prevention Work — Pricing for Years One and Two
Year One
Year Two
Year Three
Business District —
Gas Leak Survey
Percentage of district to be surveyed/year
$ 59,280.00
$59,280.00
$59,280.00
100%
100%
100%
Business District — Atmospheric
Corrosion Survey
Percentage of district to be surveyed/year
$15.808.00
$15,808.00
$15,808.00
100%
100%
100%
Outside Business District — Gas
Leak Survey
Percentage of district to be surveyed/year
$86,944.00
$86,944.00
$86,944.00
331/3%
331/3%
331/4%
Outside Business District —
Atmospheric Corrosion Survey
Percentage of district to be surveyed/year
$35,568.00
$35,568.00
$35,568.00
331/3%
331/4%
331/3%
TOTAL ANNUAL COST FOR
SURVEYS TO BE PERFORMED
$197,600.00
$197,600.00
$197.600.00
Atmospheric Corrosion Prevention Work — Pricing for Years One and Two
Coating services (including all labor, misc.
materials, equipment, etc.)
$12.00 /meter
Miscellaneous work
$52.00 /hour
DELIVERY REQUIREMENTS
FOB: Destination, Freight Prepaid and Allowed
Freight Costs: Unit prices should include all freight and transportation charges
PAYMENT TERMS:
City of Clearwater's standard payment terms are NET30
Vendor: Heath Consultants Incorporated
Date: 06/28/2022
Surveys and Corrosion Prevention 22 ITB #15-22