AGREEMENT FOR PROFESSIONAL SERVICES - RFQ 34-23 (19) DocuSign Envelope ID: EEC5EED1-01 BD-43BA-9880-9C8F9839875F
Ag i-cein ell t
Fot-
PI'ofessional Sel-vices
RFQ #34-23
This AGREEMENT is made and entered into on the 20th day of July 20 23 by and
between the City of Clearwater, Florida(CITY) and Long & Associates(CONSULTANT)with an
Arc xtects Engineers, Inc.
effective date August. 1, 2023..
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")##34-23 and responses by the CONSULTANT to RFQ#34-23.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good
and val«able 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 practices, by
exercising the skill and ability ordinarily required of engineers performing, the same or
similar services, under the same or similar circumstances, in the State of Florida, and
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 434-23, Scope of Services.
2.2 'File 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 nlutualiy agreed-upon detailed scope of
services, project goals, fee and schedule of performance in accordance with applicable
fiscal and budgetary constraints. Work Orders will be incorporated .by reference and
attached hereto this Agreement.
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Total compensation for all services shall not exceed $ 100,000.00 unless
specifically authorized by the City Council.
See Work Order Template attached hereto as Exhibit A.
2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally
qualified personnel available to the CITY for the purpose of rendering the required
engineering and/or consultant services hereunder and shall diligently execute the work to
meet the completion time established in the Work Orders.The CONSULTANT shall notify
the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact
information, including but not limited to contact phone, address, project manager, email
addresses, etc.
2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect
firms for similar services. The CONSULTANT will, when directed to do so by the CITY,
coordinate and work with other engineering and/or architectural firms retained by the
CITY.
2.5 The CITY reserves the right to remove any and all projects, phases, tasks, or assignments
related to this Agreement. The CITY further reserves the right to enter into contracts with
other engineering firms for services related to such projects, phases, tasks, or assignments.
The CONSULTANT will, when directed to do so by the CITY, coordinate and work with
other firms retained by the CITY.
3.0 PERIOD OF SERVICES
3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work
Order. Receipt of a fully executed Work Order shall constitute written notice to proceed.
3.2 If the CONSULTANT'S services are delayed for reasons beyond the CONSULTANT'S
control, the time of performance shall be adjusted as appropriate.
3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not
to exceed four 4 years effective August 1, 2023, 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 frill 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
NEG TIATI N ACT (CCNA)
Professional Services provided under this Agreement are within the scope of the practice
of architecture, landscape architecture, professional engineering, or registered land
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surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S.
287.055 apply.
5.0 GENERAL CONSIDERATIONS
5.1 All documents including field books, drawings, specifications, calculations, geotechnical
investigation reports, etc., used in the preparation of the work shall be supplied by the
CONSULTANT and shall become tine property of the CITY. The CITY acknowledges that
such documents are not intended or represented to be suitable for use by the CITY or others
for purposes other than those for which the documents are prepared. Any reuse of these
documents without written verification or adaptation by the CONSULTANT for the
Specific purpose intended will be at the CITY's sole risk without liability or legal exposure
to the CONSULTANT.
5.2 The CONSULTANT shall prepare preliminary construction cost estimates with each
design submittal to verify the proposed design is within the City project budgets. The
CONSULTANT shall prepare a final estimate of probable construction costs, following
CITY approval of the bid documents and other pre-bid activities. The CITY hereby
acknowledges that estimates of probable construction costs cannot be guaranteed,and such
estimates are not to be construed as a promise that designed facilities will not exceed a cost
limitation.
5.3 The CONSULTANT will provide expert witnesses, if required, to testify in connection
with any suit at law. A supplemental agreement will be negotiated between the CITY and
the CONSULTANT describing the services desired and providing a basis for compensation
to the CONSULTANT.
5.4 Upon the CONSULTANT'S written request,the CITY will furnish or cause to be furnished
such reports, studies, instruments, documents, and other information as the
CONSULTANT and CITY mutually deem necessary.
5.5 The CITY and the CONSULTANT each bind themselves and their successors, legal
representatives, and assigns to the other party to this Agreement and to the partners,
successors, legal representatives and assigns of each other party, in respect to all covenants
of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer
its interest in this Agreement without written consent of the other.
5.6 To the fullest extent permitted by law, the CONSULTANT agrees to indemnify and hold
harmless the CITY, and its officers and employees, from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and
other persons employed or utilized by the CONSULTANT in the performance of this
CONSULTANT Linder this AGREEMENT. Notwithstanding any provision herein to the
contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY
is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes.
Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in
any way affecting any defense CITY may have under § 768.28, Florida Statutes or as
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consent to be sued by third parties. The obligations under this paragraph shall expressly
survive termination or expiration of this Agreement.
5.7 The CONSULTANT agrees not to engage the services of any person or persons in the
employ of the CITY to an allied capacity, on either a frill or part-time basis, on the date of
the signing of this Agreement, or during its term.
5.8 Key personnel assigned to CITY projects by the CONSULTANT shall not be removed
from the projects until alternate personnel acceptable to the CITY are approved in writing
by the CITY. Key personnel are identified as: Project Manager and technical experts.
5.9 The CONSULTANT shall attach a brief status report on the projects with each requestfor
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 wider this Agreement shall be the property of the CITY.
5.11 Public Records. The CONSULTANT will be required to comply with Section 1 19.0701,
Florida Statutes, as may be amended from time to time, specifically to:
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600
Cleveland Street, Suite 600, Clearwater, FL 33755.
CONSULTANT shall comply with the following:
a) Keep and maintain public records required by the City of Clearwater (hereinafter
"public agency") to perform the service being provided by the contractor
hereunder.
b) Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided for in Chapter 119, Florida Statutes, as may be amended from time
to time, oras otherwise provided by laxv.
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C) Ensure that the public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract
if the contractor does not transfer the records to the public agency.
d) Upon completion of the contract,transfer,at no cost,to the public agency all public
records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract,the contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract,the contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
C) 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.
11) 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 S business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor has
not complied with the request, to the public agency and to the contractor.
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i) A notice complies with subparagraph (h)2. if it is sent to the public agency's
custodian of public records and to the contractor at the contractor's address listed
on its contract with the public agency or to the contractor's registered agent.
Such notices must be sent by common carrier delivery service or by registered,
Global Express Guaranteed, or certified mail, with postage or shipping paid by
the sender and with evidence of delivery, which may be in an electronic format.
A contractor who complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of
enforcement.
6.0 COMPENSATION
6.1 The CONSULTANT shall be compensated for services rendered under this Agreement
in accordance with the provisions of each Work Order, upon presentation of
CONSULTANT'S invoice and as provided in this Agreement (attached as Exhibit B}.
6.2 Compensation for services sliall 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 person, company,
corporation, individual, or firm, other than a bona fide employee working for the
CONSULTANT any fee, commission, percentage, gift, or any other consideration,
contingent upon orresulting 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
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for professional services provided up to the date of suspension, cancellation, or
abandonment.
10.0 GOVERNING LAW
This Agreement shall be administered and interpreted under the laws of the State of
Florida. The exclusive venue for any proceeding or suit in law or equity arising from or
incident to this Agreement will be in Pinellas County Florida.
11.0 TERMINATION FOR CONVENIENCE
Either the CITY or the CONSULTANT may terminate the Agreement at any time by
giving written notice to the other of such termination and specifying the effective date
of such termination at least thirty (30) days before said termination date. If the
Agreement is terminated by the CITY as provided herein, the CONSULTANT will be
paid for services rendered through the date of termination.
12.0 PUBLIC ENTITY CRIMES
Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity,
may not accept any proposal from, award any contract to, or transact any business in
excess of the threshold amount provided in § 287.017,F.S.,for Category Two(currently
$35,000) with any person or affiliate on the convicted vendor fast 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 as Exhibit C).
11.0 RFO #34-23 TERMS AND CONDITIONS
All terms and conditions as set forth in RFQ 434-23, Terms of Conditions
are incorporated by reference (attached as Exhibit D).
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 134-23, Terms and Conditions; and (iii) Work Orders.
16.0 INSURANCE REQUIREMENTS
Insurance Requirements are set forth in Exhibit E, which is incorporated by
reference (attached as Exhibit E). .
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17.0 TERMINATION FOR LACK OF FUNDING
The CITY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Clearwater City Council. In the event the
Clearwater City Council does not appropriate finds for CITY to perform its obligations
hereunder, CITY may terminate this Agreement upon thirty (30) days written notice to
CONSULTANT.
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.
Long & Associate c -tects/Engineers, Inc.
Consultant
,.
fruit Nan Alexander M. Long
Title: President
WITNESS:
By: —.
Print Name: Emily Zach
Countersigned: CITY OF CLEARWATER
LlocuSigned by: DocuSigned by:
Brian Aungst Sr, Jenntteli' �'alrrier
Mayor City Manager
DS
Approved as to form: Attest:
�,DocuSigned by: DocuSigned by.
eeF��ena�o:: e,2aool�
Jerred S1ia�pson Rosemarie .all
Sr. Assistant City Attorney City Clerk
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DocuSign Envelope ID: EEC5EED1-01 BD-43BA-91380-9C8F9839875F
1 .._.._
[Consultant Logo] B�zJerrrAN*DSEAUrIFtn-nnt�tr�rEACH
[Consultant Name] City of Clearwater
EXHIBIT
CONSULTANT WORK ORDER
[Supplement Number] (identify if applicable)
Date: rnfyy
1. PROJECT INFORMATION:
Project Title: [Project
City Project Number: City ProjeclBumber]
City Plan Set Number: lit Pian Set umber] if applicable
Consultant Project Number: fonsultant Project Nu ber
2. SCOPE OF SERVICES:
Provide a summary of the project and then thoroughly outline the tasks that will be
performed as part of the pre-design phase, the design phase, bidding phase, etc. Include
the fallowing statement: "The design plans shall be compiled using the City of
Clearwater CAD standards, as attached"
L PRE-DESIGN PHASE:
Task 1.1: Task Name &Summary
II. DESIGN PHASE (if applicable):
Task 2.1: Task Game &Summary
III. FINAL DESIGN PHASE (if applicable):
Task 3.1: Task Fume & Summary
IV. BIDDING PHASE (if applicable):
Task 4.1: Task Name & Summary
V. CONSTRUCTION PHASE (if applicable):
Task 5.1: Task Narne & Summary
Consultant Work Order Page l of 4 Revised:11/28/2022
DocuSign Envelope ID: EEC5EED1-01 BD-43BA-9880-9C8F9839875F
CONSULTANT WORK ORDER
[Project Title]
[Consultant Name] [City Project Number] City of Clearwater
3. PROJECT GOALS:
Summarize the work products (e.g. Project Catalog), that will be developed during, and
at completion of this project, include deliverables, reports, drawings, specifications, #of
copies, the format in which plans will be provided, meetings andlor site visits, permits,
etc.
4. FEES:
Include a table or an attachment that depicts the total cost per task and/or phase for
these engineering services—see Attachment "A"
This price includes all labor and expenses anticipated to be incurred by
(insert consulting firm)for the completion of these tasks in
accordance with Professional Services Method "A"— Hourly Rate or Method "B" — Lump
Sum — Percentage of Completion by Task (choose Method "A"or "B'), for a fee not to
exceed Dollars ($x
xxx.xx).
Include a statement, that the permit application fees (include permit costs in the project
fees) will be paid by the consultant and invoiced to the City as a reimbursable
5. SCHEDULE:
Insert a discussion of the schedule, including milestones, and critical events
The project is to be completed in [Y#1 months (or days) from issuance of notice-to-
proceed. The project deliverables are to be phased as follows:
30% Construction Plans: [!Lgl calendar days
60% Construction Plans and Permit Applications: [##I calendar days
90% Construction Plans: [##I calendar days
Final Construction Documents: [##I calendar days
6. STAFF ASSIGNMENT:
Insert the firm's and the City's staff assignments to this project
7. CORRESPONDENCE/REPORTING PROCEDURES:
Consultant's project correspondence shall be directed to:
Insert Consultant's designated Project Manager with copies to Consultant's designated
Project Director
All City project correspondence shall be directed to:
Insert City's designated Project Manager(others to be copied as appropriate)
Consultant Work Order Page 2 of 4 Revised:11/28/2022
000uSignEnvelope ID: EEc5EEo1'01oo-43oAe1380ecU9839875F
CONSULTANT WORK ORDER
[Project Title]
Name] [City Project Number] City ofClearwater
� TyJ`U����T0�� /�U|�7�ll�C �RM[�QD� ��^
`/. ^�x vx/x^^,�n��/ � v�x�^^��vx� PROCEDURES:
City Invoicing Code:
For work performed, invoices shall besubmitted monthly to:
4TTNJAMIE GAU0TZ
CITY OFCLEARVV/Q'EF, PUBLIC WORKS DEPARTMENT/ENGINEERING
POBOX 4748
CLEARVVATER, FLORIDA 3375@'4748
Contingency services will be billed as incurred only after written authorization provided
bythe City toproceed with those services.
� Yl�l/��T�Tl��� ��Qr�K}0���^
/. INVOICING PROCEDURES:
Ata minimum, in addition tothe invoice arnnunt/s\ the following information shall be
provided onall invoices submitted omthe Work Order:
1. Purchase Order, Project and |nvoiceNunnbersand [ontractAmmounL
2. The time period (begin and end date) covered bythe invoice.
3. Ashort narrative summary ofactivities completed imthe time period.
4. Contract billing method— Lump Sum orHourly 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 acost of$50orgreater o/ cumulative monthly expenses greater than
$1OO).
7. If the Work Order is funded by multiple funding codes, an itemization of tasks
and invoice amounts byfunding 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 heaccompanied bvevidence each has been internally
checked for QA/QC before providing toCity.
5. Consultants/Contractors are not permitted to use City-owned equipment (i.e.
sampling equipment, etcl
5. Documents posted onCity website must ADA accessible.
000uSignEnvelope ID: EEc5EEo1'01oo-43oAe1380ecU9839875F
CONSULTANT WORK ORDER
[Project Title]
[Consultant e] [City Project Number] Cby of Clearwater
11 ADDITIONAL COyJSTTlT7RA7`TO&JS:
All work orders should include considerations for the following:
1. Sea Level Rise and Flood Resilience, asapplicable.
2. Submittal ofaCritical Path Method /CPW1\ Schedu|eb\.
3. Submittal ofaProject [ata|ogvvbhthcfVUVvvnghenns, aoapprnphate:
a. Data requests, assumptions, critical correspondence, meeting agenda,
sign-in sheets, meeting minutes, document comment-response |oO(s),
technical memorandum/reports, addenda, progress reports, regulatory
correspondence, and other project-related docunnents.
b. If construction project, also include design plans, conformed plans,
change orders, field orders, RF|s, work change directives, addenda,
progress reports, shop drawing and progress submittals, as-buUts, record
drawings, and other project-related documents such asO&M manuals
and warranty information.
c. Atthe conclusion nfthe project, ENG|NEERwlUcornb|ncthisinforrnation
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 tnNFPA7AE
"Standard for 8ectrica| Safety inthe VVorkp|acc"
b. Updatedcalculations ofFault and Arc Flash, and provisions for new or
updated Arc Flash equipment labeling shall beincluded inthe contract
documents.
� � �T���/~Y �T /`��Y��UQ�7� �7T��Y��'
~^^~^ ~^ ~~`'~---- CONSIDERATIONS:
Insert odiscussion nfany other special considerations
1 �� �T��yJ �Y`DT�T��'
^^^~' ~^-~~ `~'' - - ----'
PREPARED BY: APPROVED BY:
[Printed Name) Tara Kivett, P^E.
[Title] City Engineer
[Hrnn] City mfClearwater
Date Date
DocuSign Envelope ID: EEC5EED1-01 BID-43BA-91380-9C8F9839875F
EXHIBIT "A"
CONSULTANT WORK ORDER—PROJECT FEES TABLE
[Project Title]
[Consultant Name] [City Project Number] City of Clearwater
CONSULTANT WORK ORDER
PROJECT FEES TABLE
Task Description Subconsultant Labor Total
Services
1.0 Pre-Design
1.1 —Project Management Plan
1.2 Progress Reports
1.3 Coordination
1.4 Meetings
Pre-Design Total:
V2.0 Design
2.1 Ground Surveys
2.2 Geotechnical Services
2.3 —Utility Locations by Vacuum Excavation Design Total:
3.0 Final Design Plans and Specifications
3.1 30% Submittal
3.2 60% Submittal
3.3 90%Submittal
3.4 Final Construction Documents
Final Design Plans and Specifications Total:
4.0 Permitting Services
4.1 Permitting
Permitting Services Total:
V5.0 Construction Phase Services
5.1 Prec)nstruction Conference
52 Contractors RFI's
5.
5.3 Shop Drawing Review
Construction Phase Services Total: i
SUBTOTAL, LABOR AND SUB-CONTRACTORS:
6.0 Permit Fees
7.0 Other Direct Costs (prints, photocopies, postage, etc.)
(Not applicable to lump sum Work Orders)
GRAND TOTAL]
ComLlltar)t Work Order-Project Fees Table Page 1 of 1 Revised:11/28/2022
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EXHIBIT «An /f
CONSULTANT WORK
ORDER—CITY DELIVERABLES [Project
Tide]
[Consultant Name] [City Project Number] City ufClearwater
CONSULTANT WORK O
RDER
CITY DELIVERABLES
1 �MD�� �1P'
^-. FORMAT:
.
The design plans shall becompiled utilizing the following methods:
l. City ofClearwater CAD standards.
I. Datum: Horizontal and Vertical datum shall be referenced to North American
Vertical Datum of1988 /xer1icn[land North American Datum ofl983/9O
(horizontal). The unit of measurement shall be the United States Foot.Any
deviation from this datum will not beaccepted unless reviewed byCity nf
Clearwater Engineering/Geographic Technology Division.
� DELIVERABLES:
�. �
The design plans shall be produced on bond material, 24" x 36" at a scale of I" = 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: |fapproved deviation from Clearwater CAD standards isused, the Consultant
shall include all necessary information to aid in manipulating the drawings including
either PCP, [T13file orpen schedule for plotting. The drawing file shall include only
authorized fonts, shapes, line types or other attributes contained in the standard
release of Autodesk software. All block references and other references contained
within the drawing file shall be included. Please address any questions regarding format
tnMr, Thomas Mahony, at (727) S62-4762nremail address
.
All electronic files (including CAD and Specification files) must be delivered upon
DocuSign Envelope ID: EEC5EED1-01 BD-43BA-9880-9C8F9839875F
Exhibit B
PROVISION OF PAYMENT
ENGINEER OF RECORD: _ Long&Associates
Architects/Engineers, INC
BASIS FOR PAYMENT
The owner shall pay ENGINEER and ENGINEER agrees to accept as frill
compensation for its services (as established by Work Order) compensation as
computed by one of the following methods:
Method "A" -Hourly Rate_
Compensation in the form of burdened hourly rates.
Burdened (direct+ indirect) Hourly Rate+ Subconsultant Cost+ Other Direct Costs.
Direct cost includes labor hourly rate. Indirect costs include fringe benefit rate,
overhead, operating margin and profit.
Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs
shall be based on billing rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area,
printing, copying, long distance telephone calls, etc.
Method "B" - Lump Sum -
Compensation in the form of"lump sum" for all work associated with a Work Order or
task and shall be determined by mutual agreement between the ENGINEER and the
City. The lump surn amount shall be negotiated based upon the Work Order scope of
services and approved by both the City and the ENGINEER.
Hourly Rates -
7'he estimated hourly rates below represent 2023 costs and categories. Periodic changes are
anticipated, and modifications may be made annually in writing to the City for review and
approval.
DocuSign Envelope ID: EEC5EED1-01 BD-43BA-9880-9C8F9839875F
CITY OF CLEARWATER ENGINEER OF RECORD 8/1/23
to 7/31/27
ENGINEER OF RECORD: Long&- Associates Archi is/Engineers, INC
Please fill out the chart below with job classification and hourly rate.
Job Classification Burdened Hourly-Rate
Principal In Charge $180
Project Manager - Architect (Senior) $155
Project Manager - Engineer (Senior) $135
Project Architect/Engineer (Registered) $120
Interior Designer (Registered) $120
Design Architect/Engineer (Graduate) $ 95
Bim/Revit $ 95
Design Technician (CADD) $ 80
Adminstrative/Bookkeeping/Clerical $ 70
000uSignEnvelope ID: EEc5EEo1'01oo-43oAe1380ecU9839875F
RFQ 34-23, Exhibit
SCRgTINIZED COMPANIES THATIBOYCOTT ISRAEL LIST CERTIFICATION FOR
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BIDIPROPOSAL. FAILURE TD
SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, byvirtue oYthe signature below, certifies that:
1. The vendor, company,any, indivindividual, prinprincipal, subsidiary, aff|||ete, nrowner is ommro of the requirements
ofsection 27.15, Florida Statutes, regarding companies nnthe Scrutinized Companies that Boycott
Israel List, orengaged in a boycottofIsrael; and
�
2 The vendor,company, individual, principal,principal, subsidiary, affi\imto, orowner|oeligible toparticipate in this
solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a
boycott ufIsrael; and
3' ~-'---l---|~ m,"boycott ofIsrael" means refusing todeal, terminating business activities, or taking
cdhoractions tolimit commercial e|mUentities oo d n|nQ business in Israel or
in Israeli-controlled territories, in a discriminatory manner. A statement by m 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 ecompany iaparticipating inmboycott nYIsrael; and
di | principal,subsidiary, affiliate,
4� |fawarded the ( t) theg n
orowner wU| immediately no�ythe City cnu/ClearwaterI Kfil ater than five (5) calendar days
after any ofits principals are placed Vnthe Scrutinized Co at Boycott Israel List, or engaged
|neboycott ofIsrael.
Author' Si nature
Alexander( x)M. Long
Printed Nan)b
President
Title
Long &Associates Architects/Engineers, Inc._
Name of Entity/Corporation
STATE OF Florida
COUNTY OF Hillsborough
The foregoing instrument was acknowledged before mo by means of N physical presence orO online
notarization on, this 26th day Of April - 1 2023 , b
000uSignEnvelope ID: EEc5EEo1'01oo-43oAe1380ecU9839875F ----_
RFO34-23. Exhibit B FDrDG
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA
CERTIFICATION FORM
IF YOUR BIDIPROPOSAL IS$tu00,{008RMORE, THIS FORM MUST 8ECOMPLETED AND
SUBMITTED WITH THE 80IPROPOSAL.FAILURE TDSUBMIT THIS FORM ASREQUIRED MAY
DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant,byvirtue ofthe signature below,certifies that:
1. The vendor,company, individual, principal, subsidiary, affiliate, orowner ieaware nfthe requirements
ofsection 287.13S.Florida Statutes, regarding companies onthe Scrutinized Companies with Activities
in Sudan List. the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Liat, or
engaging |nbusiness operations inCuba and Syria; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible topadicipato1nthis
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 L|ad, or engaged in business
operations |nCuba and Syria; and
3. Business Operations means, for purposes specifically related to Cuba or Syria, engagingin commerce
|nany form in Cuba orSyria, including, but not limited to, aoqu|ring, dave|op|n0, maintaining, mwnlnQ,
selling, possessing, leasing or operating aquipment, faoi|iden, peroonne|, pmdodu, aenices, personal
property, real property, military equipment, or any other apparatus ofbusiness orcommerce; and
4� If awarded the C (or Agreement), hovendor,company, individual,principal, subsidiary, affiliate,
or owner will immediately notify the City of Clearwater in w� ha five (5) calendar days
after any of its principals are placed on the Scrutinized Compa ,
s Ai�� Activities in Sudan List, the
Scrutinized Companies with Activities in the Iran Petroleu r/List, or engaged in business
operations in Cuba and Syria 5
Alexand6r(L X)M.Long
Printed Nam6
President
Title
Long &Associates Architects/Engineers, Inc.
Name of Entity/Corporation
STATE OF Florida
COUNTY OF Hillsborough
The foregoing instrument was acknowledged before me by means ofQ0 physical presence or O online
notarization on, this 26th day of April 1 2023 by
Alexander(Lex)M. Long (name of person whose signature is being notarized) as the
President (title) of (name of
personally known or produced (h/pe of
identification)aoidentification, and who did/did not take anoath.
4e' 0% EMI LY ZACH
MY COMMISSION#HH249360 Notary Public
.%*417 EXPIRES:April 04,2026
OF fO'
Emily Zach
Printed Name
My Commission Expires:
NOTARY SEAL ABOVE
000uSignEnvelope ID: EEc5EEo1'01oo-43oAeo80ec8F9839875F
RF[) 34-23' Exhibit B F0Dms
VERIFICATION OF EMPLOYMENT ELIGIBILITY F
PER FLORIDA STATUTE 448095, CONTRACTORS AND SUBCONTRACTORS MUSTREGIS7ER
WITH AND USE THE E-VERIFYSY37EM TOVERIFY THE WORM AUTHORIZATION STATUS OF
ALL NEWLY HIRED EMPLOYEES.
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE B/DIPROPOSALFAhL4RETO
SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant. byvirtue ofthe 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'Vor|fy system hnverify the
work authorization status mfnewly 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~Vedfyoyutem.
4. The Subcontractor will provide the Contractor with anaffidavit stating that the Subcontractor does not
employ, contract with, orsubcontract with unauthorized alien.
G. The Contractor must maintain acopy ofsuch affidavit.
8. The City may terminate this Contract onthe good faith belief that the Contractor orits Subcontractors
knowingly violated Florida Statutes 44R.OU(1)or448.UG5(3)(o).
7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(o). the Contractor may not be
awarded mpublic contract for g*least 1year after the
dadeon hi htbiaOontrao waoternoin��ed
8. The Contractor isUab|efor any addiUona|cou in db h
Contract.
Alexander(Le )M. Long
Printed Name'
President
Title
Long &Associates Arch itects/E n gi neers, Inc.
Rame of Entity/Corporation
STATE OF Florida
COUNTY OF Hillsborough
The foregoing instrument was acknowledged before me by means of 0N physical presence or O online
notarization on, this 26th day Of April 1 D23L, by
Alexander(Lex) M. Long - (name of person whosesignature is being notarized) as the
President - (title) of (name of
personally known or produced (type of
identification)mxidentification, and who did/did not take snoath.
EMELY ZACH Notary Public
MM
WIRE&April 04,2026 Printed Nemo
yNyCommission Expires: -'
DocuSign Envelope ID: EEC5EED1-01 BD-43BA-9880-9C8F9839875F
RFQ 34-23, Exhibit C—Forms
TRUTH-IN-NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act,
Section 287.055, Florida Statutes, and The Truth in Negotiations Act (TINA),
Long & Associates Architects/Engineers, Inc. hereby certifies
Contractor
that wage rates, fringe rates and other factual unit costs supporting the compensation
for the Continuing services of Professional Engineering
to be provided under this Agreement, concerning city of Clearwater
are accurate, complete and current as of the time of contracting.
The hereby undersigned representative submits
bmits Ps c lfication that they are an
C
authorized representative of the proposer who ma I 'bind the proposer attest to
the accuracy of the information:
Authorized Signature
Alexander
le ..der Long
g
Printed Name
President
Title
Long & Associates Architects/Engineers, Inc.
Name of Entity/Corporation
STATE OF Florida
COUNTY OF Hillsborough
The foregoing instrument was acknowledged before me by means of El physical presence or Cl
online notarization on, this 9th day of "1 12023 by
Alexander M. Long (name of person whose signature is being notarized) as
the President (title) Associates Architects/Engineers,Inc(name
I I —
of corporation/entity), personally known x or produced
(type of identification) as identification, and who did/did not take an oath.
EMILY ZAC14 Notary Public
My COMMISSION#HU2493m Emily Zach
F-"HZFS:ApHJ04,2026 Printed Name
My Commission Expires: April 04, 202-6
--------
NOTARY SEAL ABOVE
DocuSign Envelope ID: EEC5EED1-01 BD-43BA-91380-9C8F9839875F
REQ #34-23, Exhibit D
STANDARD TERMS AND CONDITIONS
S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced:"vendor,contractor,
consultant, supplier, proposer, company, persons", "purchase order, PO, contract, agreement",
"City, Clearwater", "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.
SA ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City's written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
S.7 NON-EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations
under this Agreement.
S.10 COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed
of existing and future federal, state, and local laws, ordinances, executive orders, and
regulations that in any manner affect the fulfillment of this Agreement and must comply with
the same at its own expense. Contractor bears full responsibility for training, safety, and
providing necessary equipment for all Contractor personnel to achieve throughout the term of
the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any
programs, procedures, and other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
DocuSign Envelope ID: EEC5EED1-01 BD-43BA-9880-9C8F9839875F
RFQ #34-23, Exhibit D
STANDARD TERMS AND CONDITIONS
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
274E of the Federal Immigration and Nationality Act.
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor's personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
S.11 SALES/USE TAX,OTHER TAXES. Contractor is responsible for the payment of all taxes including
federal, state, and local taxes related to or arising out of Contractor's services under this
Agreement, including by way of illustration but not limitation, federal and state income tax, Social
Security tax, unemployment insurance taxes, and any other taxes or business license fees as
required. if any taxing authority should deem Contractor or Contractor employees an employee of
the City or should otherwise claim the City is liable for the payment of taxes that are Contractor's
responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest,
and penalties imposed upon the City.
The City is exempt from paying state and local sales/use taxes and certain federal excise taxes
and will furnish an exemption certificate upon request.
DocuSign Envelope ID: EEC5EED1-01 BD-43BA-91380-9C8F9839875F
Exhibit E
RFQ 34-23, EOR Consulting Services
Insurance Requirements
INSURANCE REQUIREMENTS. The Contractor(respondent) shall, at its own cost and expense,
acquire and maintain (and cause any subcontractors, representatives or agents to acquire and
maintain) during the term with the City, sufficient insurance to adequately protect the respective
interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-
Vli or better. In addition,the City has the right to review the Contractor's deductible or self-insured
retention and to require that it be reduced or eliminated.
Specifically the Contractor must carry the followin4 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, prod uctslcompleted 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 $1,000,000 (one
million dollars)each employee each accident, $1.000.000(one million dollars)- ach employee
by disease, and$1,000,000 one million 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. If the Contractor is using its own property, or the property of the City or other provider, in
connection with the performance of its obligations under this Agreement, then Contractor's
Equipment Insurance or Property Insurance on an "All Risks" basis with replacement cost
coverage for property and equipment in the care, custody and control of others is required.
e. Professional Liability Insurance coverage appropriate for the type of business engaged in
by the Contractor with minimum limits of$1,000,000 (one million dollars) per occurrence. If a
claims made form of coverage is provided, the retroactive date of coverage shall be no later
than the inception date of claims made coverage, unless prior policy was extended indefinitely
to cover prior acts. Coverage shall be extended beyond the policy year either by a
supplemental extended reporting period (ERP)of as great a duration as available, and with no
less coverage and with reinstated aggregate limits, or by requiring that any new policy provide
a retroactive date no later than the inception date of claims made coverage.
The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
6. OTHER INSURANCE PROVISIONS.
a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of
the insurance policy's renewal date(s) for as long as this Agreement remains in effect, the
Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD
DocuSign Envelope ID: EEC5EED1-01 BD-43BA-91380-9C8F9839875F
certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the
coverage set forth above and naming the City as an "Additional Insured.,' In addition, when
requested in writing from the City, Contractor will provide the City with certified copies of all
applicable policies. The address where such certificates and certified policies shall be sent or
delivered is as follows: City of Clearwater
Attn: Procurement Division, RFQ#34-23
P.O. Box 4748
Clearwater, FL 33758-4748
b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal,
termination, material change or reduction in coverage.
c. Contractor's insurance as outlined above shall be primary and non-contributory coverage for
Contractor's negligence.
d. Contractor reserves the right to appoint legal counsel to prQvide for the
Contractor's defense for any and all claims that may arise related . o
Agreement, work performedunder this AareeMgaL=o==r==tpo is desi n
eguipment, or service. Contractor agrees that the shall not be liable to
reimburse Contractor for any 1e_gl fees or costs as a result of Contractor
providing its defense a$ contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of an
otential liability to the City, and failure to reguest evidence of this insurance shall not be
construed as a waiver of Contractor's obligation to provide the insurance coverage
specified.