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AGREEMENT FOR PROFESSIONAL SERVICES - RFQ 34-23 (22)
DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D Agreement For Professional ervic RFQ 2 This AGREEMENT is made and entered into on the 20th of Jul _.s, by and between the City of Clearwater, Florida (CITY) and Ea t Line �a qad°�C, '-1)with an effective date August 1,2023. WITNESSET" WHEREAS,FAS, 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,EAS, in accordance with the competitiveselection process described in Section 287.055 of the Florida Statutes, the CITY selected the CONSULTANT based on Request for Qualifications (b` F ")#34-23 and responses by the CONSULTANT to RF #34-23. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration,the Parties agree that the above terms, recitals,and representations are true and accurate and are incorporated herein by reference,and the Parties farther agree as fellows: 1.0 E 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, . T ..S , ", 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 RF - 3, Scope of Services. 2.2 The CONSULTANT'S services under this Agreement will be provided under a project specific WorkOrder(s). Each Work Order will include the services for a single project, phase, task or assignment, and will contain a mutually agreed-upon detailed scope of services, project goals, fee and schedule of performance in accordance with applicable fiscal and budgetary constraints. Work Orders will be incorporated by reference and attached hereto this Agreement. l DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D Total compensation for all services shall not exceedJ_10�O00.00 unless specifically authorized by the City Council. See Work Order attached hereto as Exhibit A. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or consultant services hereunder and shall diligently execute the work to, meet the completion time established in the Work Orders.The CONS ULTANT'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 tri enter into contracts with other engineering and/or architect Bras 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 pro eats, 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 CON SU L"I"ANTwill, when directed to do so by the CITY, coordinate and work with rather firms retained by the CITY. 3.0 LLBJQJ)-Q.0�AV -� 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. 12 If the CONS U LTANT'S services are delayed for reasons beyond the CONSULTAN'T'S control,the time ofperformante shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that thisAgreement continue in force for a period not to exceed fouLW years efTective 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 CGNSUL,TANT unless specifically terminated by the CITY. Should the CONS U LTAIN"I" be in, the progress of completing work under this Agreement at the Termination Date,this Agreement shall continue with all terms,conditions and obligations Dieing in full force and erect until such time as the work is completed. All provisions expressly intended to survive termination shall (to so. 4.0 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:09F5AB37-B4C2-495D-8115-COACEAAA170D surveying and mapping, as defined by the laws ofthe State of Florida. Provisions of F.S. 297,055 apply. 1 5.0 5J All documents including field books, drawings, specifications, calculations, geotechnical investigation reports, etc., used in the preparation of the work shall be supplied by the CONSULT ANTand shall become the property of the CITY.,The Cl rY 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 CONSUL,TAN'I' for the specific purpose intended will be at the CITY's sole risk without liability or legal exposure to the CONSLJLTAN'r. 5.2 "I'he CONSUL'TANT shall prepare, preliminary construction cost estimates with each design submittal to verify the proposed design is within the City project budgets. The CONS U IJANT shall prepare a final estunate of probable construction costs, following CITY approval of the bid documents and other pre-bid activities, The CITY hereby acknowledges that estimates of probable conStrijetion costs cannot be guaranteed,and such estimates are not to be construed as a prornise 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 CONSU LTANI'describing the services desired and Prov[ding a basis,for compensation to the CONSULT "I 5.4 Upon the CONSULTAN"I"S written request,the CITY wi 11 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 CONSUL'I"ANT 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 Agreenlent without written consent of the other. 5.6 'To the fullest extent permitted by law, the CONSULTAN'fagretes 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 CONS UL"FANT under this AGREEMENT, Notwithstanding any provision herein to the contrary,this paragraph shall not be construed as a waiverof ally immunity to which CITY is entitled or the extent of any limitation of liability pursuant to § 768.28, f1oridaStatrites. Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in any way affecting tiny defense CITY may have under § 768.28, Florida Statutes or as 3 DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D onsent to be sued bthird parties. 'l'he,obligations under this paragraph shall expressly cy survive termination or expiration of this Agreement. 5.7 The CONSULTAN'r agrees not to engage the services of any person or persons in the employ of the C ITY to an at i ied capacity, on either a full or part-time basis, on the date of the signing of this Agreement, or during its term. 5a8 Key, personnel assigned to CITY projects by the CONS ULTANT shall not, be removed ftorn the projects until alternate personnel acceptable to the CITY' are approved in writing by the CIJ`YKey personnel are identified as: project Manager and technical experts. 5s9 The CONS U LFA T'shall attach a brief status report on the projects with each request for payment. 5.10 Unless otherwise required by law or Judicial order,the CONSIJLTANT agrees that,it shall make no statements, press releases or other public coin niunication concerning this Agreement or its subject matter or othenvise disclose or permit to be disclosed any ofthe data, technical processes, business affairs or other information obtained or furnished in the conduct oil'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 (rorn work under this Agreement. 'chis does not include materials previously or concurrently developed by the CONSULTANT for "In House- use.. Only data, and reports generated by the CON S U UTANT under this Agreement shall be the property o f the CITY. 5.11 Public Records. The CONSUL]I ANT will be required to comply with Section, 119,0701, Florida Statutes, as may be amended from time to tune, specifically to: IF 'IT IF CONSULTANT II QtJESTIONS REGARDINGT rt IE APPLICATION OF" CHAPTER 1,19, FLORIDA STATUTI","S, TO THE CONSULTAN"I"S DU,rY TO PROVIDE PUBLIC RECORDS RELATING J'O THIS CONTRACT, CON'TAC'r Tt.w CUS'I'ODIAN' OF PUBLIC RECORDS Al' 7217-562-4092, Rosea ariek"all( ttiyelearwater.com, 600 Cleve tatid Street, Suite 600, Clearwater,, Ft., 33755. CONSUL"I"ANT 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 as 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 Crown time to time, or as otherwise provided by law. 4 DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D 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 oil'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 ser vice. if the contractor transfers all public records to the public agency upon completion ol"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 pub]ic agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. A request to inspect or copy, public records relating to as 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. 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. 9) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section t I" .f Florida Statutes, h) If a civil action is riled against a,contractor to compel production of public records relating to a public mercy s contract for services, the COUrt shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, it. L The court determines that the contractor unlawffilly refused to comply with the public records request within a reasonable time,and 1 At least 8 business days before filing the action, the plaintiff provide, written notice of the public records request. including a statement that the contractor has not complied with thy:request, to the public agency and to the contractor. 5 DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D 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 oil 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 forrilat. 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 !LJ1 EEN5ALM 6.1 The CONS U UrANT shall be compensated for services rendered under this Agreement in accordance with the provisions (if each Work Order, upon presentation of CONSUL,TANT'S invoice and as provided in this Agreement. See attached Exhibit B. 6.2 Compensation for services shall be invoiced by the CONS ULTANT 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 crry. 7.0 PROHIBITION AGAINST C )NUNGENT FEES The CONS II," warrants that it has not employed or retained ally company or person.,other than a bona fide employee working solely forthe CONSULTAN]"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 CONSUUrANT any fee, commission, percentage, gift, or ally other consideration, contingent upon orresulting from the award or making of this Agreement. 8.0 TERMINATION FOR CAUSE T'his 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 CONS ULA'ANT shall be paid in accordance with the provisions of outstanding Work Orders for all work performed Lip to the date of termination 9.0 SUSPENSION,CANCELLATION2.Q,)R 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 CONSUUrAN'r shall be given five(5)days prior written notice of such action and shall be compensated M015.tnm DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D for protessional services provided Lip to the date of suspension, cancellation. or abandonment. 10.0 GOVERNING LAW ]-his Agreement shall be administered and interpreted under the laws ot-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 T.ERM1NA�V10NRYR C-ONVENIFNCE Either the CITY or the CONSULTAN"I" may terrmnate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date oil' such termination at least thirty (30) days, bellore said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid fir services rendered through the date of termination. 12.0 PUBL ( ENTITY CRIMES J L_ Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as 8, 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, 1µ.S.,for Cate gory'rwo,(currently $35,0)0) with any person or affiliate on the convicted vendor list for a period of 36 months frorn the date that person or afflifiate was placed on the convicted vendor list unless that person of affiliate has been removed frorn the list pursuant to § 287.133 (3)(t), F.S. By submitting a proposal, CONSULTAN"Fis certifying that Florida Statute 287.132 and ' 87.133 does not restrict submission. 113.0 SCRUTINI 1 iii ply IS The CONSULTANT will be required to comply with Section 287.135, Florida Statuesµ specifically by executing the forms provided (attached as Exhibit C). 14.0 All terms and conditions as set R)rth in RFQ #34-23, Terms of Conditions are incorporated by reference and hereto attached as Exhibit D. 15.0 ORDER Ot-PRE,_CEDENCE 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) RF Q#34-23, Terms and Conditions; and (iii) Work Orders. 16.0If7 Al X11 Ivs Insurance Requirements are set forth in Exhibit E, which is incorporated by reference and attached hereto. W2015.mm DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D 17.0 TERMINATION FOR LACK OLF-UNDIN ' The CITYperformance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Clearwater City Council, In the event the Clearwater C ity Counci I does not appropriate funds for CITY to perform its obligations hereunder„ CIT,Y may terminate this Agreement upon thirty (30) days written notice to CONSULTANT. 18.0 E-VERIlly` Y CONSGUTAN'Tanal its Subcontractors shall register with and use the E-Verify system to verity 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 systern. Subcontractor must provide, CONSULTANTwith an affidavit stating that Subcontractor does not employ, contract with. or subcontract with an unauthorized alien. CONSULTANT shall maintain a copy o,f'such affidavit. The CITY may terminate this Agreement on the good faith belief that CONS ULTANT or its Subcontractors knowingly violated Florida Statutes 448.09(1)or448.095(2)(c). 11' this Agreement is terminated pursuant to Florida Statute 448.095(2)(c), CON S U LTAN'T may not be awarded a pubic; contract for at least I year after the date of which this Agreement was terminated- CONS ULTANT is liable for any additional costs incurred by the CITY as a result of the termination ofthis Agreement. See Section 448.095, Florida Statutes (2020). [Remainder of Page Intentionally Left Blank� W2015,rnm DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D IN WITNESS WHERE01', the parties hereto have rnade and executed this Agreement oil the date and year first above written. First Line Coastal, LLC Consultant By: Print Name: Mark B. Stroik .---- ............................ Title:Vice President wiTNESS: PIP- By-, Print Name- Renee M, Stroik, Vice President Countersigned: CITY OF C1,EARWATER DocuSigned by: F DocuSigned by: atm�sf ���r rn eno" er J(�r Mayor City Manager DS Approved as to form: Attest: DocuSigned by: DocuSigned by: 20o7lRoFF" ie Rosernat at Sr. Assistant City Attorney City Clerk W2015,rnrn DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D f� 1 + City of Clearwater EXHIBIT-A CONSULTANT WORK ORDER [Supplement Number-` L PROJECT INFORMATION: Project Title: + [Drojec t mw-'11 -City Project Number, ', 'JSwrn go_ ....._ City Plan Set bar ,� Cyt �r� r� tt nt ProjectNumber: �a t��� An ��m���� �...��. SCOFF OF SERVICES: I. PRE-DESIGN PRE-DESIGNPHASE: Task Ll� 1. DESIGN PH E if applicable): Task .1: 4, III. FINAL DESIGN PHASE E i I lig° i s `ask tii , F ,nawy IV. BIDDINGPHASE il` pplicb : Task J: V. CONSTRUCTION PHASE if applicable). Consultant Work Order Page 1 of 4 �Revisedl 11/28/2022 DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D CONSULTANT WORK ORDER k"! City of Clearwater ............. 3,, PROJECT GOALS: 4. FEES: This price includes all labor and expenses anticipated to be incurred by 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 for a fee not to exceed Dollars 5. SCHEDULE: The project is to be completed in Wfl months or days)from issuance of notice-to- proceed.The project deliverables are to be phased as follows: 30%Construction Plans: calendar days 60%Construction Plans and Permit Applications: calendar days 90%Construction Plans: i girl calendar days Final Construction Documents- calendar days 6. STAFF ASSIGNMENT- 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant's project correspondence shall be directed to-. All City project correspondence shall be directed to: 1age o Revised:11/2812022 2 f 4 DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D CONSLJLTANT WORK ORDER City of Clearwater 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code. For Work performed, invoices shall be submitted monthly to: ATTN DIVISION CONTROLLER CITY OF CLEARWATER,PUBLIC WORKS DEPARTMENT/ENGINEERING PO BOX 4748 CLE TER, FLORIDA 33758-4748 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services® 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s)the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 1 A short narrative summary of activities completed in the time period. 4. Contract billing method—Lump Sum or Hourly Rate. 5. If Lump Sum,the percent completion,amount due, previous amount earned and total earned to date for all tasks(direct costs, if any, shall be included in lump sum;amount). & If Hourly Rate, hours, hourly rates, names of individuals being billed,amount due, previous amount earned,the percent corripletion, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of$50 or greater or cumulative monthly expenses greater than $100) 7e if the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 1.0. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 11 .07t Florida Statutes,where applicablea 2, All City directives shall be provided by the City Project Manager. 1 "Alternate equals" shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. S. Consultants/Contractors are not permitted to use City-owned equipment(i.e. sampling equipment, etc.). 6Documents posted on City website must ADA accessible. COIISLftara.Work Order Page 3 of 4 Revised:11/28/2022 DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D CONSU LTA NT WORK ORDER 1Proje,,'.,t I Hty Prc City of Clearwater J 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience, as applicable. 2. Submittal of a Critical Path Method (CPM)Schedule(s). R. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests,assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document cornment-response log(s), technical memorandum/reports,addenda, progress reports, regulatory correspondence, and other project-related documents. b. If construction protect, also include design plans, conformed plans, change orders, field orders, RFIs,work change directives, addenda, progress reports, shop drawing and progress submittals,as-builts, record drawings,and other project-related documents such as O&M manuals and warranty information. c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 4. Arc Flash labeling requirements. a, All electrical designs and construction shall adhere to IFPA 70 E "Standard for Electrical Safety in the Workplace". b. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. 12. SPECIAL CONSIDERATIONS: 13. SIGNATURES: PREPARED BY: APPROVED BY, [Printed Narnel Tara Kivett,P.E. City Engineer Fi rm I, ity of Clearwater Date Date 'Con-sultint wor-k Order Pagp 4 of 4 Revised:11/28/2022 DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAM170D ATTACHMENT diAo CONSULTANT WORK ORDER-PROJECT FEES TABLE y N n,dg' City of Clearwater CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Sin bconsultanii zb Total Services .0 re-Design tj k ___-11- ...i Project Managnerr lr� ——------ 1,2 Progrels,s.R.eports ........ 13 Coordination 1.4 Meetings Pre-Design Total: 2.0 Design 2,1 Ground Surveys 2.2 .--Geotechnical Services 2.3 Utility Locations by Vacuum Excavation Design Tota 1: 1 10 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- I 4.0 Permitting Services --------_.-,_ 4A -Permitting Permitting Services Total. F5�0 Construction Phase fres �0 5.1 Preconstruction Conference R clntracrt� Ff's 5.3 _LShop Drawing Review Construction Phase Services Total: SUBTOTAL, LABOR AND SUB-CONTRACT'ORS: 6.0 Permit Fees Other Direct sts(prints, photocopies,postage,etc.) Consultant Work Order--Project Fees Table Page I of I Revised:11/28/2022 DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAM170D ATTACHMENT ma rr CONSULTANT WORK ORDER-Y CITY DELIVERABLES ,_ 3r G r u,a "t',;t ", z I E,:7 k a City of Clearwater DELIVERABLESCONSULTANT WORK ORDER CITY . FORMAT: The design plans shall be compiled utilizing the following methods: , City of Clearwater CAD standards. 2. Datum- Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 4" x 36"at a sole of I" = D= unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil SD file format. NOTE: If approved deviation from Clearwater CAD standards is used, the Consultant shall include all necessary information to aid in manipulating the drawings including either ICP,CTB file or pen schedule for plotting.The drawing file shall include only authorized fonts,shapes, line types or other attributes contained in the standard release of Autodesk software.All block references and other references contained within the drawing file shall be included. Please address any questions regarding format to Mr.Thomas Mahony, at (727) 562-4762 or email address u � � ItI t ct F All electronic files (including CAD and Specification filen must be delivered upon completion of project or with 100%plan submittal to City of Clearwater, —........ . ....,.. _— Cit sub ant 4v€�rkOrder—0ty Deliverables Page 1 Uf 1 �aevtsed:11/2ESE'204Y DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D Exhibit B. PROVISION OF PAYMEN"r 1:NGINEER OF RECORD: First Line Costal, LLC BASIS FOR PAYMENT The owner shall pay ENGINEER and ENGINEER agrees to accept as full compensation fior its services (as established by or Order) compensation as computed by one of the following methods: Method "A" C`ompensation in the form of burdened hourly rates. Burdened(directi- indirect) Hourly Rate,-� SUbconsultant.Cost+ Other Direct Costs. Direct cost includes labor hourly rate. Indirectcosts include ftinoe benefit rate, D overhead, operating margin and profit. Subconsultant Costs are actual costs i nCUrred finies 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 Tarnpa Bay area- printing, copying, long distance telephone calls. etc. Method "B" - Lu2jp.� ;, Cornpensation in the fiorm of"'lump sum" fi:)r all work associated with a Work Order or task and shall be determined by MUtUal agreement between the t�"NGINEFR and the C" City� The IL1111p surn amount shall be negotiated based upon the Work Order scope of services and approved by both the C i ty and the EN G I N EER Hour kv Rates - T'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:09F5AB37-B4C2-495D-8115-COACEAAA170D CITY OF :L, AT ENGINEER OF RECORD 8/1/23 to 7/31/27 ENGINEER OF RECORD: First Line Coastal, LLC P Jease rill out the chart below with job classi fication wid hourl'y rate. Job Hsi do Burdeiied Hourly-Rate Burdmed Hourly-Ralte PrincipW Engineer $ 195EOO 't �Z nn Coastal Engineering Director $ 235,00 Project Director $220,00 Senior Project Manager - $ 170.00 Pr�ect Manager $ 140.00 Senior Engineer/ Designer $ 115.00 Coastal Engine Professional A Senior CAD/GI CADSS Technician $ 95M Environmental Sciences Director $ 175M Senior Environmental / Permit Coordinator $ 140,00 Biologist Permit Coordinator $ 90.00 DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAM170D RFC 34-23, Exhibit B—Forms SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BIDIPROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 2. The vendor, company, individual, principal, subsidiary,affiliate, or owner is eligible to participate in this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel; and 1 "Boycott Israel" or"boycott of Israel" means refusing to deal, terminating business activities, or taking other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories, in a discriminatory manner. A statement by a company that it is participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as evidence that a company is participating in a boycott of Israel; and 4. If awarded the Contract(or Agreement), the vendor,company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Compan7ie that Boycott Israel List, or engaged in a boycott of Israel, Authorized Signature Jacob Pierson Printed Name Vice President Title First Line Coastal STATE OF &r� Name of Entity/Corporation COUNTY OF The foregoing instrument was acknowledged before me by mea As of W physical presence or 0 online n rizat on, this day of fl 20AI , by (name of gsod who s- na re is bilaing,4notarized) as the LICC Wr-&j4e (title) of —(name of sedt]r— corporation/entity), personally known or produced (type of identification)as identification, and who did/did not take an oatw!� Elftab@th Mohammed Ate Notary Public State of Florida Notary Public Comm#HH100692 NIZA EXPIres 7/2/2025 Printed Name My Commission Expires: 02r Ogo NOTARY SEAL ABOVE DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAM170D RFQ 34-23, Exhibit B—Forms SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BIDIPROPOSAL IS$1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BIDIPROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes,regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 1 Business Operations means,for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract(or Agreement),the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. k- afhorized Signature Jacob Pierson Printed Name Vice President Title First Line Coastal ffi STATE OF orn Name of Entity/Corporation COUNTY OF 1i The foregoing instrument was acknowledged before me by mea of AF physical presence or 11 online riNIlizatinn on, this day of 20 43, by a'r. &-OZ4 K%. LZ (name of person who Kature is being notarized) as the (title} of F a= 6W '0A 5 _(name of corporation/entity), personally known 'or produ d 77 (type of identification) as identification, and who did/did not take an oath, Elizabeth Mohammed Notary PubjIC State of Florida j�lotary Pub COMM#NH100692 N�0-4A Explrefto/2/20 5 Printed Name (J My Commission Expires: NOTARY SEAL ABOVE DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAM170D RF+Q 34-23, Exhibit -Farms VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED ANIS SUBMITTED WITH THE BIDIPROP'OSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: I. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with, an affidavit stating that the Subcontractor dues not employ, contract with,or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit.. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.69(' ) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida. Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. Authorized Signature Jacob Pierson Printed Name Vice President Title First Lime Coastal Name of Entity/Corporation STATE OF �`I'f� ¢� �1 COUNTY OF The foregoing instrument was acknowledged before me by a of 0 physical presence or CC online n at[ n an, this day c 2C# by (name of erson w ose s' na ure is ein notarized) as the -4141'e-F�P" (title) of Eli (name of (.orporation/entity), personally known or produced (type of identification) as identification, and who did/did not take an oath. Mohammed &�� Notary Public x: State of Florida ota illi Comm#HH20M2 empires 7/2/20 Printed Name My Commission Expires; NOTARY SEAL ABOVE DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAM170D RFQ 34-23, Exhibit B—Forms TRUTH-1111-NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, and The Truth in Negotiations Act (TINA), First Line Coastal hereby certifies Contractor that wage rates, fringe rates and other factual unit costs supporting the compensation for the Engineer of Record — services of First Line Coastal to be provided under this Agreement, concerning The City of Clearwater are accurate, complete and current as of the time of contracting. The hereby undersigned representative submits this certification that they are an authorized representative of the proposer who may legally bind the proposer attest to the accuracy of the information: Authorized Signature Jacob Pierson Printed Name Vice President Title First Line Coastal Name of Entity/Corporation STATE OF COUNTY OF—&, The foregoing instrument was acknowledged efbre me by means of Vphysical presence or 0 onlige notarization on, this day of by e 16ta signature ' bei rjg notarized) as e arson whose s' ru is y (nam the Vice, rresids2a77 (title) ofylt of corporation/entity),personally known_, or produce (type of identification) as identification, and who did/di t take an-path. Notary Public 0 Public ElksbeM H1006Mohammd laff State of Florida Comm#H92 Printed Name 1 v Expires 7/W2025 My Commission Expires: NOTARY SEAL ABOVE DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAM170D RFQ#34-23, Exhibit D STANDARD TERMS AND CONDITIONS SA DEFINITIONS. Uses of the following terms are interchangeable as reference&"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. &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 WI 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. 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. S1 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. 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 S. 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:09F5AB37-B4C2-495D-8115-COACEAM170D 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 avid Control Act of 1986(tRCA)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' arranty""). (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. (fli) 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 deerned 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 2745 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 Contractors 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 at sect.), 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 Contractoes, 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 salesJuse taxes and certain federal excise taxes and will furnish an exemption certificate upon request. DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAM170D RFQ#34-23, Exhibit D STANDARD TERMS AND CONDITIONS 5.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services tinder the Agreement Payments to contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S-13 PUBLIC RECORDS, In addition to all other contract requirements as provided by law, the Contractor executing this Agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THEA MC TIS CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOWS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, Phone: 727-562-4092 or Ernail- Rorna,dq.Callg Cl r I e�=Dn, 600 Cleveland Street, Suite 600, Clearwater, FL 33755, The Contractor @gLees to comply with the foflgALn1,. a) Keep and maintain public records required by the City of Clearwater (hereinafter 'public agency" in this section)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 frorn time to time, or as otherwise provided by law, c) Ensure that the public records that are exempt or confidentral 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 confidentiW and exempt from public records disclosure requirements, If the contractor keeps and maintains public records upon completion of the contract,the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency, If the public agency does not possess the requested records,the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within:a reasonable time. I) 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, DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAM170D RFQ#34-23, EXhibit D STANDARD TERMS AND CONDITIONS h) if a civil action is filed against a contractor to corm pel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight(8) business days before filing the action,the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request,to the public agency and to the contractor. I) A notice complies with subparagraph(h)2. if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent- Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed,or certified mail,with postage or shipping paid by the sender and with evidence of delivery,which may be in an electronic format. A Contractor who complies with a public records request within eight(8) business days after the notice is sent is not liable for the reasonable costs of enforcement, S,14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5)years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement, Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractors place of business or at City offices,as determined by the City. S,15 BACKGROUND CHECK. "rhe City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City's information, data,or facilities in accordance with the City's current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S,16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL The City will have final authority, based on security reasons: (l) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel, and (III) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement, S.17 DEFAULT. a. A party will be in default if that party, (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor's capability to perform under the Agreement-, (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty(60)calendar days-, (III) conducts business in an unethical manner or in an illegal manner, or(iv)fails to carry out any term, promise, or condition of the Agreement. b, Contractor will be in default of this Agreement if Contractor is debarred or suspended in accordance with the Clearwater Code of Ordinances Section 2.565 or If Contractor is debarred or suspended by another governmental entity. DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAM170D RFQ#34-23, Exhibit D STANDARD TERMS AND CONDITIONS c. Notice and Opportunity to Cure. in the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30)days from receipt of the notice to cure the default,the thirty (30)day cure,period may be extended by mutual agreement of the parties, but no cure period may exceed ninety(90)days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. clnticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES, The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor- if the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City-, (4) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and costs. c. The non-defaulting party wilt have all other dghts granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES, Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement at its convenience, in part or in whole, upon thirty(30)calendar days'written notice, 621 TERMINATION FOR CONFLICT OF INTEREST. The City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor, S,22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by Its governing body to satisfy its obligations. If the City reasonably determines, in its sole discretion, that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty(30)calendar days prior to the stated termination date, DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAM170D RFQ#34-23, Exhibit D STANDARD TERMS AND CONDITIONS 5,23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreernent, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractoes property prepared final invoice. 5.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of,or payment for,any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. 5.25 INDEMNIFICATIOMA ILII a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands,claims,Suits,losses,darviages,causes of action,fines orjudgments,including costs, attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or resulting from: (t)the services provided by Contractor personnel under this Agreement-, (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. cThe City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. d. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768-28, Florida Statutes, or be construed as consent by the City to be sued by third parties, 5.26 WARRANTY, Contractor warrants that the services and materials will conform to the requirements of the Agreement, Additionally, Contractor warrants that all services will be performed in a good, workman-like,and professional manner. The City's acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City's reasonable satisfaction. Unless otherwise agreed,Contractor warrants that materials will be new,unused, of most current manufacture and not discontinued,will be free of defects in materials and workmanship,will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. &27 CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss,destruction,or damage to City property, and will at the City's request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. 5428 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an,as needed basis at the sole discretion of the City. Any document referencing quantities or DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAM170D RFQ#34-23,, Exhibit D STANDARD TERMS AND CONDITIONS performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase,accept, or pay for rinaterials or services which exceed its actual needs. S,29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation,reports,test plans,and survey results,graphics,and technical tables,originally prepared in the performance of this Agreement, are the property of the City and Will not be used or released by Contractor or any other person except with prior written permission by the City, S,30 USE OF NAME, Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. &31 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.32 RISK OF LOSS. Contractor agrees to bear all risks of toss, injury, or destruction of goods or equipment incidental to providing these services and such loss,injury,or destruction will not release Contractor from any obligation hereunder, 5,33 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees, 5.34 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble, or hindrance from Contractor or third parties, S.35 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret, or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City's use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement,Contractor will,at its expense and without limitation, either: (a) modify the item,so that it becomes non-infringing- (b) procure for the City the right.to continue to use the item;(c)substitute for the infdriging item o4r item(s)having at least equivalent capabilrty; or (d) refund to the City an amount equal to the price paid, less reasonable usage,from the time of installation acceptance through cessation of use,which amount will be calculated on a useful life not less than five(5)years,plus any additional:costs the City may incur to acquire substitute supplies or services. Nothing contained herein in intended to serve as a waiver by the City of its sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768,28, Florida Statutes,or be construed as consent by the City to be sued by third parties_ S.3 CONTRACT ADMINISTRATION. This Agreement will be administered by the Purchasing Administrator andlor an authorized representative from the using department, Alt questions regarding this Agreement will be referred to the administrator for resolution. Supplements may be written to this Agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract ad ministrator(s). S37 FORCE MAiEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force maje ure event- 'The party whose performance is so affected must also take all reasonable steps, promptly and diligently,to prevent DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAM170D RFQ#34-23, EXhIbit D STANDARD TERMS AND CONDITIONS such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect, of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days frorn the scheduled delivery or completion date of a task unless agreed upon by the parties. S.38 COOPERATIVE USE OF CONTRACT. This Agreement may be extended for use by other municipalities,counties,school districts,and government agencies with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.39 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City's Procurement Division. S.40 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses, Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid, (iii) sent via electronic mail„ (iv) sent via overnight courier; or (v) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three(3)calendar days after being deposited in the United States mail, if sent via electronic mail, overnight courier, or facsimile, receipt will be deemed effective two (2)calendar days after the sending thereof. S. °1GOVERNING LAW,VENUE. This Agreement is governed by the taws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreementwill be Pinellas County, Florida. S. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements,if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.43 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. SA4 SEVERABILITY5 if any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s)of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, aft provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement,will survive and remain in full force and effect. Except as specifically provided in this Agreement,completion,termination,or other expiration of this Agreement MI not release any party from any liability or obligation arising prior to the date of temnination. DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D Exhibit E RFQ 34-23, EOR Consulting Services Insurance Requirements INSURANCE REQLII REMENT& The Contractor(respondent) shalt, 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- VItorbetter. 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, tt�efi cruv_era care be obtaone on clarrr�s-rude basis M�+ith r�iinirnur�u tturee t �year tail foltowun case by case �7ai3: & Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury,personal injury,death,and property damage in the minimum amount of$1,000,000(one million dollars) per occurrence and$2,000,000(two million dollars)general aggregate, b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the mininiurn 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 minimurn amount of J1,Q09,000 Ione Trillion,dollars each employee each accident,11 OQp, _tl ons inlllion dollars each employee by disease,and ,2gg,ggne rnlllion donors 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 gAhth 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 umbrelwexcess 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:09F5AB37-B4C2-495D-8115-COACEAAA170D certificate., SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and narniD _q the Ciera an "Additional Insured." In addition, when - requested in writing from 'the City, Contractor will provide the City W th 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 Aftn: 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-contributor y coverage for Contractor's negligence, 'ese d. appQinlit cpunse�._9C--pmyide for "he j C'o,n t r a,','.,t(,g de fe,n se_fo it cla U-ns t In a t 1'r'uay a I'-se I ated to odlp 'rfom -,undehs gr jet, to, ta...... tor-, de�lqn -Nuj T r gi,[E�A- that,the C tra�to 1 ll not t jab1e t reirnburse, Contractortil any 9, 0 r suit (.)f nt ra t,,,' jal, -ees, or e,,,,, j1- 1-o f e ac i ,-, or,,te pprrov,clin,g LS _,r,n DocuSign Envelope ID:09F5AB37-B4C2-495D-8115-COACEAAA170D A ® DATE(MMIDDIYYYY)CERTIFICATE OF LIABILITY INSURANCE 6/12/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Wallace Welch &Willingham, Inc. PHONE FAX 300 1 st Ave. So., 5th Floor A/c No Ext): 727-522-7777 AIC No):727-521-2902 Saint Petersburg FL 33701 ADDRESS: certificates@w3ins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: HISCOX Insurance Co.,Inc. 10200 INSURED FIRSLIN-01 INSURER B:Technology Insurance Company, Inc. 42376 First Line Coastal LLC 8586 Potter Park Drive INSURERC: Hamilton Specialty Ins. Co. 13551 Sarasota FL 34238 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:98402082 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DDIYYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY 5308247 2/23/2023 2/23/2024 EACH OCCURRENCE $1,000,000 DAMAI I TO_7CLAIMS-MADE � OCCUR PREMISES Ea occur RITI ence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECT PRO F—] LOCPRODUCTS-COMP/OPAGG $1,000,000 X OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNEDSCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED F I RETENTION$ $ B WORKERS COMPENSATION TWC4229488 2/23/2023 2/23/2024 X I PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE I E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liability EOHS303062 2/23/2023 2/23/2024 $1,000,000 Each Claim $1,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:City of Clearwater is included Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Clearwater ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Procurement Division RFQ#34-23 P.O. Box 4748 AUTHORIZED REPRESENTATIVE Clearwater FL 33758 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 09F5AB37-B4C2-495D-8115-COACEAAA170D CERTIFICATE OF LIABILITY INSURANCE TE DADD/YYYY) 066/12/2/12/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:Progressive Commercial Lines Customer and A ent Servicing Direct Property and Casualty Ins Inc. PHONE FAX 3350 SW 148 AVE#330,MIRAMAR,FL 33027 A/C No Ext):1-800-4444487 (A/C, A/C No): E-MAIL ADDRESS:progressivecommercial@email.progressive.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Progressive Express Insurance Company 10193 INSURED INSURER B FIRST LINE COASTAL,LLC 8586 Potter Park Dr INSURER C: Sarasota,FL 34238 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 455751091210104802DO61223Tl63522 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBRPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR PREMISES(Ea 0, ante MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE PRO- PRODUCTS-COMP/OP AGG POLICY PRO-JECT LOC OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO OWNED SCHEDULED BODILY INJURY Per person A AUTOS ONLY X AUTOS N N 965499072 01/27/2023 01/27/2024 BODILY INJURY Per accident X AUTOS ONLY X AUUTOS ONLY (peri accidentDAMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ ER pT $ WORKERS C AND EMPLOYE RMPENSATION S'LIABILITY Y/N TATUTE ERH ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Clearwater THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Procurement Division,RFQ#34-23 ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 4748 Clearwater,FL 33758 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 09F5AB37-B4C2-495D-8115-COACEAAA170D AGENCY CUSTOMER ID: LOC#: AC"" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Direct Property and Casualty Ins Inc. FIRST LINE COASTAL,LLC POLICY NUMBER 8586 Potter Park Dr Sarasota,FL 34238 965499072 CARRIER NAIC CODE Progressive Express Insurance Company 10193 EFFECTIVE DATE:01/27/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages Insurance coverage(s) Limits ............................................................................................................................................................................................................ Personal Injury Protection $10,000 w/$0 Ded-Named Insured Only . ...................................................................................................................................................................................................... Unninsured Motorist-Nonstacked $1,000,000 Combined Single Limit Description of Location/Vehicles/Special Items Scheduled autos only ............................................................................................................................................................................................................ 2018 FORD F150 1FTEW1CG6JFD54588 Comprehensive $1,000 Ded Collision $1,000 Ded Liability coverage may not apply to all scheduled vehicles. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD