Loading...
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. l DocuSign Envelope ID: EEC5EED1-01 BD-43BA-9880-9C8F9839875F 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 2 DocuSign Envelope ID: EEC5EED1-01 BD-43BA-9880-9C8F9839875F 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 3 DocuSign Envelope ID: EEC5EED1-01 BD-43BA-91380-9C8F9839875F 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. 4 DocuSign Envelope ID: EEC5EED1-01 BD-43BA-9880-9C8F9839875F 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. 5 DocuSign Envelope ID: EEC5EED1-01 BD-43BA-9880-9C8F9839875F 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 VVZ015.mm DocuSign Envelope ID: EEC5EED1-01 BD-43BA-9880-9C8F9839875F 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). . Vv2015.mm DocuSign Envelope ID: EEC5EED1-01 BD-43BA-9880-9C8F9839875F 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] Vv1015.mm DocuSign Envelope ID: EEC5EED1-01 BD-43BA-9880-9C8F9839875F 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 Vv2015.m m 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 000uSignEnvelope ID: EEc5EEo1'01oo-43oAe1380ecU9839875F 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.