AGREEMENT 05-25Agreement 05-25
This AGREEMENT is made and entered into on th ll day ofIs 203 by and
between the City of Clearwater, Florida (CITY) and ►mopkp, GQ t (CONSULTANT).
INC.
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") #05-25 and responses by the CONSULTANT to RFQ #05-25.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good
and valuable consideration, the Parties agree that the above terms, recitals, and representations are
true and accurate and are incorporated herein by reference, and the Parties further agree as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
The relationship of the CONSULTANT to the CITY will be that of a professional
consultant, and the CONSULTANT will provide the professional and technical services
required under this Agreement in accordance with acceptable engineering practices, by
exercising the skill and ability ordinarilyrequired 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 #05-25, Scope of Services:
2.2 The CONSULTANT'S services under this Agreement will be provided under a project
specific Work Order(s). Each Work Order will include the services for a single project,
phase, task or assignment, and will contain a mutually agreed-upon detailed scope of
services, project goals, fee and schedule of performance in accordance with applicable
fiscal and budgetary constraints. Work Orders will be incorporated by reference and
attached hereto this Agreement.
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Total compensation for all services shall not exceed $11,100,000 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 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 to five (5) years, subject to the provisions for termination contained herein.
Assignments that are in progress at the Termination Date shall be completed by the
CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT
be in the progress of completing work under this Agreement at the Termination Date, this
Agreement shall continue with all terms, conditions and obligations being in full force and
effect until such time as the work is completed. All provisions expressly intended to survive
termination shall do so.
4.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE
NEGOTIATION ACT (CCNA)
Professional Services provided under this Agreement are within the scope of the practice
of architecture, landscape architecture, professional engineering, or registered land
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surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S.
287.055 apply.
5.0 GENERAL CONSIDERATIONS
5.1 All documents including field books, drawings, specifications, calculations, geotechnical
investigation reports, etc., used in the preparation of the work shall be supplied by the
CONSULTANT and shall become the 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 thea 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 under this AGREEMENT. Notwithstanding any provision herein to the
contrary, this paragraph shall not be construed as a waiver of any immunity to which CITY
is entitled or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes.
Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in
any way affecting any defense CITY may have under § 768.28, Florida Statutes or as
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consent to be sued by third parties. The obligations under this paragraph shall expressly
survive termination or expiration of this Agreement.
5.7 The CONSULTANT agrees not to engage the services of any person or persons in the
employ of the CITY to an allied capacity, on either a full 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 request for
payment.
5.10 Unless otherwise required by law or judicial order, the CONSULTANT agrees that it shall
make no statements, press releases or other public communication concerning this
Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the
data, technical processes, business affairs or other information obtained or furnished in the
conduct of work under this Agreement without first notifying the CITY and securing its
consent in writing. The CONSULTANT also agrees that it shall not publish copyright or
patent any of the site-specific data or reports furnished for or resulting from work under
this Agreement. This does not include materials previously or concurrently developed by
the CONSULTANT for "In House" use. Only data and reports generated by the
CONSULTANT under this Agreement shall be the property of the CITY.
5.11 Public Records. The CONSULTANT will be required to comply with Section 119.0701,
Florida Statutes, as may be amended from time to time, specifically to:
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: 727-444-7151, 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, or as otherwise provided by law.
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c) Ensure that the public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract
if the contractor does not transfer the records to the public agency.
d) Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the contractor keeps and
maintains public records upon completion of the contract, the contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
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.
fl The contractor hereby acknowledges and agrees that if the contractor does not
comply with the public agency's request for records, the public agency shall
enforce the contract provisions in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a
reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
h) If a civil action is filed against a contractor to compel production of public records
relating to a public agency's contract for services, the court shall assess and award
against the contractor the reasonable costs of enforcement, including reasonable
attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the
public records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor has
not complied with the request, to the public agency and to the contractor.
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i) A notice complies with subparagraph (h)2. if it is sent to the public agency's
custodian of public records and to the contractor at the contractor's address listed
on its contract with the public agency or to the contractor's registered agent.
Such notices must be sent by common carrier delivery service or by registered,
Global Express Guaranteed, or certified mail, with postage or shipping paid by
the sender and with evidence of delivery, which may be in an electronic format.
A contractor who complies with a public records request, within 8 business
days after the notice is sent is not liable for the reasonable costs of
enforcement.
6.0 COMPENSATION
6.1 The CONSULTANT shall be compensated for services rendered under this Agreement
in accordance with the provisions of each Work Order, upon presentation of
CONSULTANT'S invoice and as provided in this Agreement.(attached as Exhibit B).
6.2 Compensation for services shall be invoiced by the CONSULTANT and paid by the
CITY in accordance with the Florida Local Government Prompt Payment Act, § 218.70,
Florida Statutes.
6.3 The CONSULTANT agrees to allow full and open inspection of payroll records and
expenditures in connection with hourly rate and cost-plus fixed fee work assignments
upon request of the CITY.
7.0 PROHIBITION AGAINST CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT to solicit
or secure this Agreement and that it has not paid or agreed to pay any 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 or resulting from the award or makingof this Agreement.
8.0 TERMINATION FOR CAUSE
This Agreement may be terminated by either party with seven (7) days prior written
notice, in the event of substantial failure to perform in accordance with the terms hereof
by the other party through no fault of the terminating party. If this Agreement is
terminated, the CONSULTANT shall be paid in accordance with the provisions of
outstanding Work Orders for all work performed up to the date of termination.
9.0 SUSPENSION, CANCELLATION, OR ABANDONMENT
If the project described in any Work Order is suspended, canceled, or abandoned by the
CITY, without affecting any other Work Order or this Agreement, the CONSULTANT
shall be given five (5) days prior written notice of such action and shall be compensated
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for professional services provided up to the date of suspension, cancellation, or
abandonment.
10.0 GOVERNING LAW
This Agreement shall be administered and interpreted under the laws of the State of
Florida. The exclusive venue for any proceeding or suit in law or equity arising from or
incident to this Agreement will be in Pinellas County Florida.
11.0 TERMINATION FOR CONVENIENCE
Either the CITY or the CONSULTANT may terminate the Agreement at any time by
giving written notice to the other of such termination and specifying the effective date
of such termination at least thirty (30) days before said termination date. If the
Agreement is terminated by the CITY as provided herein, the CONSULTANT will be
paid for services rendered through the date of termination.
12.0 PUBLIC ENTITY CRIMES
Pursuant to Florida Statute § 287.132-133, the City of Clearwater, as a public entity,
may not accept any proposal from, award any contract to, or transact any business in
excess of the threshold amount provided in § 287.017, F.S., for Category Two (currently
$35,000) with any person or affiliate on the convicted vendor list for a period of 36
months from the date that person or affiliate was placed on the convicted vendor list
unless that person of affiliate has been removed from the list pursuant to § 287.133
(3)(f), F.S. By submitting a proposal, CONSULTANT is certifying that Florida Statute
287.132 and 287.133 does not restrict submission.
13.0 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS
The CONSULTANT will be required to comply with Section 287.135, Florida Statues,
specifically by executing the forms provided (attached).
14.0 RFQ #05-25, TERMS AND CONDITIONS
The Standard Terms and Conditions as set forth in RFQ #05-25, are incorporated by reference and hereto modified and
attached as Exhibit C. The parties acknowledge that the portions of the Standard Terms and Conditions which only apply to
the delivery of goods or provisions of construction shall not apply to the professional services to be provided by
CONSULTANT.
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 #05-25, Terms and Conditions; and (iii) Work Orders.
16.0 INSURANCE REQUIREMENTS
Insurance Requirements are set forth in Exhibit D , which is incorporated
by reference and attached hereto. During the term of the agreement, the City reserves
the right to request updated litigation information.
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17.0 TERMINATION FOR LACK OF FUNDING
The CITY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Clearwater City Council. In the event the
Clearwater City Council does not appropriate funds 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 withand 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 eachparty to the contract
registers with and uses the E -Verify system. Subcontractor must provide
CONSULTANT with anaffidavit stating that Subcontractor does not employ, contract
with, or subcontract with an unauthorized alien. CONSULTANT shall maintain a copy
of such affidavit.
The CITY may terminate this Agreement on the good faith belief that CONSULTANT
or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If
this Agreement is terminated pursuant to Florida Statute 448.095(2)(c),
CONSULTANT may not be awarded a public contract for at least 1 year after the date
of which this Agreement was terminated. CONSULTANT is liable for any additional
costs incurred by the CITY as a result of the termination of this Agreement.
See Section 448.095, Florida Statutes (2020).
[Remainder of Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date and year first above written.
Countersigned:
Bruce Rec
Mayor
A.1, roved as to form:
Jerro. impson
Sr. ssistant City Attorney
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f rick Ciaip VNE
By:
Print Name: Cj1(SC-6jaA6 f• K�z\r
Titl
WITNES
By:
Print Name:
CITY OF CLEARWATER
J xfifer'Poirrier
City Manager
Attest:
Rosemarie Call
City Clerk
Exhibit A
[Consultant Logo]
[Consultant Name]
CLEAR\A!ATER
BRIGHT AND If EAU'nFUL• RAY TO BEACH
City of Clearwater
CONSULTANT WORK ORDER
[Supplement Number] (Identify if applicable)
Date:
[m/d/yyyyl
1. PROTECT INFORMATION:
Project Title:
[Project Name]
City Project Number:
[City Project Number]
City Plan Set Number:
[City Plan Set Number] if applicable
Consultant Project Number:
jConsultant Project Number]
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 following statement: "The design plans shall be compiled using the City of
Clearwater CAD standards, as attached"
I. PRE -DESIGN PHASE:
Task 1.1: Task Name & Summary
II. DESIGN PHASE (if applicable):
Task 2.1: Task Name & Summary
III. FINAL DESIGN PHASE (if applicable):
Task 3.1: Task Name & Summary
IV. BIDDING PHASE (if applicable):
Task 4.1: Task Name & Summary
V. CONSTRUCTION PHASE (if applicable):
Task 5.1: Task Name & Summary
Consultant Work Order Page 1 of 4 Revised: 7/23/2025
[Consultant Name]
3. PROJECT GOALS:
CONSULTANT WORK ORDER
[Project Title]
[City Project Number]
City of Clearwater
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 and/or 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 [##] months (or days) from issuance of notice -to -
proceed. The project deliverables are to be phased as follows:
30% Construction Plans: [##1 calendar days
60% Construction Plans and Permit Applications: [##1 calendar days
90% Construction Plans: [##] calendar days
Final Construction Documents: [##1 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: 7/23/2025
[Consultant Name]
CONSULTANT WORK ORDER
[Project Title]
[City Project Number]
City of Clearwater
8. INVOICING/FUNDING PROCEDURES:
City Invoicing Code:
For work performed, invoices shall be submitted monthly to:
CITY OF CLEARWATER, PUBLIC UTILITIES DEPARTMENT
ATTENTION: PU ACCOUNTING
1650 NO ARCTURAS AVE BLDG -C
CLEARWATER, FLORIDA 33765-1945
EMAIL: PUENGINEERING@MYCLEARWATER.COM
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.
3. 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).
6. If Hourly Rate, hours, hourly rates, names of individuals being billed, amount
due, previous amount earned, the percent completion, total earned to date for
each task and other direct costs (receipts will be required for any single item
with a cost of $50 or greater or cumulative monthly expenses greater than
$100).
7. If the Work Order is funded by multiple funding codes, an itemization of tasks
and invoice amounts by funding code.
10. CONSIDERATIONS:
Consultant acknowledges the following:
1. The Consultant named above is required to comply with Section 119.0701,
Florida Statutes, where applicable.
2. All City directives shall be provided by the City Project Manager.
3. "Alternate equals" shall not be approved until City Project Manager agrees.
4. All submittals must be accompanied by evidence each has been internally
checked for QA/QC before providing to City.
Consultant Work Order Page 3 of 4 Revised: 7/23/2025
[Consultant Name]
CONSULTANT WORK ORDER
[Project Title]
[City Project Number]
City of Clearwater
5. Consultants/Contractors are not permitted to use City -owned equipment (i.e.,
sampling equipment, etc.).
6. Documents posted on City website must be ADA accessible.
11. ADDITIONAL CONSIDERATIONS:
All work orders should include considerations for the following:
1. Sea Level Rise and Flood Resilience, as applicable.
2. Submittal of a Critical Path Method (CPM) Schedule(s).
3. Submittal of a Project Catalog with the following items, as appropriate:
a. Data requests, assumptions, critical correspondence, meeting agenda,
sign -in sheets, meeting minutes, document comment -response log(s),
technical memorandum/reports, addenda, progress reports, regulatory
correspondence, and other project -related documents.
b. If construction project, also include design plans, conformed plans,
change orders, field orders, RFIs, work change directives, addenda,
progress reports, shop drawing and progress submittals, as-builts, record
drawings, and other project -related documents such as O&M manuals
and warranty information.
c. At the conclusion of the project, ENGINEER will combine this information
into Project Catalog and submit it to the City for review and comment.
4. Arc Flash labeling requirements:
a. All electrical designs and construction shall adhere to NFPA 70 E
"Standard for Electrical Safety in the Workplace".
b. Updated calculations of Fault and Arc Flash, and provisions for new or
updated Arc Flash equipment labeling shall be included in the contract
documents.
12. SPECIAL CONSIDERATIONS:
Insert a discussion of any other special considerations
13. SIGNATURES:
PREPARED BY: APPROVED BY:
[Printed Name] Michael Flanigan
[Title] Interim Public Utilities Director
[Firm] City of Clearwater
Date Date
Consultant Work Order Page 4 of 4 Revised: 7/23/2025
[Consultant Name]
ATTACHMENT "A"
CONSULTANT WORK ORDER — PROJECT FEES TABLE
[Project Title]
[City Project Number]
City of Clearwater
CONSULTANT WORK ORDER
PROJECT FEES TABLE
Task
Description
Subconsultant
Services
Labor
Total
1.0
Pre -Design
1.1
Project Management Plan
1.2
Progress Reports
1.3
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 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:
5.0
Construction Phase Services
5.1
Preconstruction Conference
5.2
Contractors RFI's
5.3
Shop Drawing Review
Construction Phase Services Total:
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:
Consultant Work Order — Project Fees Table Page 1 of 1
Revised: 7/23/2025
[Consultant Name]
ATTACHMENT "B" (Include if applicable)
CONSULTANT WORK ORDER — CITY DELIVERABLES
[Project Title]
[City Project Number]
City of Clearwater
CONSULTANT WORK ORDER
CITY DELIVERABLES
1. FORMAT:
The design plans shall be compiled utilizing the following methods:
1. City of Clearwater CAD standards.
2. Datum: Horizontal and Vertical datum shall be referenced to North American
Vertical Datum of 1988 (vertical) and North American Datum of 1983/90
(horizontal). The unit of measurement shall be the United States Foot. Any
deviation from this datum will not be accepted unless reviewed by City of
Clearwater, Public Works Department, Geographic Technology Division.
2. DELIVERABLES:
The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20'
unless approved otherwise. Upon completion the Consultant shall deliver all drawing
files in digital format with all project data in Autodesk Civil 3D® file format.
NOTE: If approved deviation from Clearwater CAD standards is used, the Consultant
shall include all necessary information to aid in manipulating the drawings including
either .pcp, .ctb file or pen schedule for plotting. The drawing file shall include only
authorized fonts, shapes, line types or other attributes contained in the standard
release of Autodesk software. All block references and other references contained
within the drawing file shall be included. Please address any questions regarding format
to Mr. Kyle Vaughan, at (727) 444-8232 or email address
Kyle.Vaughan@myClearwater.com.
All electronic files (including CAD and Specification files) must be delivered upon
completion of project or with 100% plan submittal to City of Clearwater.
Consultant Work Order — City Deliverables Page 1 of 1 Revised: 7/23/2025
Exhibit B
PROVISION OF PAYMENT
ENGINEER OF RECORD: Ardurra Group, Inc.
BASIS FOR PAYMENT
The owner shall pay ENGINEER and ENGINEER agrees to accept as full
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 sum amount shall be negotiated based upon the Work Order scope of
services and approved by both the City and the ENGINEER.
Hourly Rates -
The estimated hourly rates below represent 2025 costs and categories. Periodic changes are
anticipated, and modifications may be made annually in writing to the City for review and
approval.
ARDURRA GROUP, INC.
WATER RECLAMATION FACILITY MAINTENANCE AND REPAIR PROGRAM
2025 HOURLY BILLING RATES
Job Classification
Hourly Billing Rate
Clerical
$73
Administrative Support
$110
Sr. Administrative Support
$136
CADD Technician 1
$85
CADD Technician 11
$95
Designer 1
$131
Designer II
$145
Senior Designer
$188
CAD Manager
$203
Field Representative 1
$109
Field Representative II
$120
Senior Field Representative
$143
Construction Coordinator
$116
Sr. Construction Coordinator
$144
Construction Manager
$139
Sr. Construction Manager
$198
Construction Engineer
$186
Intern
$92
Graduate Engineer I
$124
Graduate Engineer II
$130
Engineer
$158
Project Engineer 1
$179
Project Engineer 11
$184
Project Engineer 111
$190
Senior Project Engineer 1
$210
Senior Project Engineer 11
$234
Senior Project Engineer 111
$241
Senior Engineer
$253
Chief Engineer
$298
Project Coordinator
$116
Program Manager
$325
Principal Engineer
$325
Project Manager 1
$194 _
Project Manager 11
$212
Project Manager 111
$230
Sr. Project Manager
$291
Environmental Scientist
$164
Sr. Environmental Scientist
$279
Survey Crew - 2 Person
$211
Survey Crew - 3 Person
$248
Land Surveyor 1
$160
Land Surveyor 11
$195
Sr. Land Surveyor!
$194
Sr. Land Surveyor 11
$235
Sr. Land Surveyor 111
$250
Chief Land Surveyor
$281
Landscape Architect
$143
Sr. Landscape Architect
$220
HAZEN AND SAWYER
CITY OF CLEARWATER WRF MAINTENANCE AND REPAIR PROGRAM
2025 Hourly Billing Rates
Job Classification
Hourly Rate
Vice President
$282
Associate Vice President
$267
Senior Project Manager
$251
Project Manager
$221
Senior Engineer/Senior Scientist
$200
Project Engineer/ Scientist
$169
Engineer/Scientist
$139
Assistant Engineer/ Scientist
$118
Engineer Intern
$103
Construction Engineer
$159
Senior Inspector
$139
Inspector
$108
Senior Designer
$149
Designer
$118
CADD Operator
$103
Senior Technician
$103
Technician
$92
Senior Clerical
$97
Clerical
$82
CITY OF CLEARWATER
24 -0058 -UT WRF MAINTENANCE PROGRAM
ENGINEER OF RECORD: CHA Consulting, Inc.
Job Classification
Burdened Hourly Rate
Senior Vice President
$342
Vice President/Officer-in-Charge
$264
Senior Project Manager/Group Manager
$261
Project Manager/Associate Principal
$196
Senior Engineer/Senior Scientist
$277
Engineer/Scientist (III-IV)
$194
Engineer/Scientist (I -III)
$126
Engineer Intern
$84
Construction Engineer
$132
Construction Administrator/Manager
$228
Landscape Architect
-
Cheif Inspector
$176
Senior Inspector
$156
Inspector
$126
Principal Designer
$158
Senior Designer
$141
Drafter/CADD Operator
$114
Operations Specialist
-
Field Technician
$93
Fiscal/Accounting
$101
Administrative/Clerical
$83
EXHIBIT C
RFQ 05-25 Standard Terms and Conditions
:_..Q R.N'fi4R.
RIGHT AND BEAUTIFUL BAY TO REACH
REQUEST FOR QUALIFICATION
05-25
WATER RECLAMATION FACILITY MAINTENANCE AND REPAIR
PROGRAM
NOTICE
Friday, November 22, 2024
NOTICE IS HEREBY GIVEN that sealed proposals will be received by the City of Clearwater (City) until
10:00 am, Local Time, on Monday, December 23, 2024 to provide:
The City of Clearwater is seeking a qualified consultant to assist with the implementation
of a Water Reclamation Facility maintenance and repair program.
Responses must be in accordance with the provisions, specifications and instructions set forth herein and
will be received by the Procurement Division until the above noted time, when they will be publicly
acknowledged and accepted.
Response packets, any attachments and addenda are available for download
at: https://procurement.opengov.com/portal/myclearwater/projects/131424.
Please read the entire solicitation package and submit the bid in accordance with the instructions. This
document (less this invitation and the instructions) and any required response documents, attachments,
and submissions will constitute the bid.
General, Process, or Technical Questions concerning this solicitation shall be submitted through
the City's e -Procurement Portal located at:
https://procu rement.opengov.com/portal/myclearwater/projects/131424.
All answers to inquiries will be posted on the City's e -Procurement Portal. Bidders may also click "Follow"
on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to
check the website for answers to inquiries.
This Request for Qualifications is issued by:
Lori Vogel, CPPB
Procurement ManagerLori.vogel(a.myclearwater.com
v. 7.2024
Procurement Division
PO Box 4748 33758-4748
Clearwater FL
727-562-4630
CRITERIA FOR EVALUATION AND AWARD
The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical
response. All responses must meet the following responsiveness and responsibility criteria.
A. Responsiveness. The City will determine whether the response complies with the instructions for
submitting responses including completeness of response which encompasses the inclusion of all
required attachments and submissions. The City must reject any responses that are submitted
late. Failure to meet other requirements may result in rejection.
B. Responsibility. The City will determine whether the respondent is one with whom it can or should
do business. Factors that the City may evaluate to determine "responsibility" include, but are not
limited to: past performance, references (including those found outside the response), compliance
with applicable laws, respondent's record of performance and integrity- e.g. has the respondent
been delinquent or unfaithful to any contract with the City, whether the respondent is qualified
legally to contract with the City, financial stability and the perceived ability to perform completely
as specified. A respondent must at all times have financial resources sufficient, in the opinion of
the City, to ensure performance of the contract and must provide proof upon request. City staff
may also use Dun & Bradstreet and/or any generally available industry information. The City
reserves the right to inspect and review respondent's facilities, equipment and personnel and
those of any identified subcontractors. The City will determine whether any failure to supply
information, or the quality of the information, will result in rejection.
C. Technical Response. The City will determine how well responses meet its requirements in terms
of the response to the solicitation and how well the offer addresses the needs of the project. The
City will rank offers using a point ranking system (unless otherwise specified) as an aid in
conducting the evaluation.
For this RFQ, the criteria that will be evaluated and their relative weights are:
No.
Evaluation Criteria
Scoring Method
Weight (Points)
1.
Technical Approach to Managing a
Points Based
30
Water Reclamation Facility
(30% of Total)
2.
Experience and Qualifications of Firm
and Staff
Points Based
25
(25% of Total)
3.
Work Plan and Schedule
Points Based
25
(25% of Total)
4.
Quality Management Approach
Points Based
20
(20% of Total)
DETAILED SPECIFICATIONS
The City of Clearwater is seeking a qualified consultant to assist with the implementation of a Water
Reclamation Facility maintenance and repair program.
3.1 Project Mission
The City of Clearwater is dedicated to providing superior services to its customers in order to improve the
quality of life for Clearwater residents, businesses and visitors. The City of Clearwater is committed to
v. 7.2024
2
ensuring that we have a sustainable city through green measures focusing on our economy, environment,
and community and is looking for vendors who share that dedication and will help the City meet that goal.
3.2 Introduction
The City of Clearwater has developed a 30 -year Master Plan and implementation strategy for its three
water reclamation facilities (WRFs): the East WRF, Marshall Street WRF, and Northeast WRF. On
March 3, 2023, Clearwater's City Council approved a plan to consolidate the East WRF and Marshall
Street WRF facilities into the Northeast WRF. This consolidation, recommended in collaboration
between Black & Veatch and the City's Public Utilities Department, aligns with the City's Strategic
Plan, supporting its priorities of High -Performing Government and Environmental Stewardship.
3.3 Background
The City of Clearwater (City) is located on the West Coast in Pinellas County and has an estimated
population of 118,463 residents. The City owns and operates three water reclamation facilities (WRFs):
the East WRF, Northeast WRF, and Marshall Street WRF. These facilities are designed for annual average
daily flows (AADF) of 5.0 million gallons per day (MGD) at the East WRF, 10.0 MGD at the Marshall Street
WRF, and 13.5 MGD at the Northeast WRF. In addition to Clearwater residents, the Northeast WRF also
serves the City of Safety Harbor.
3.4 Scope of Services
The primary objective of this project is to establish a WRF Maintenance and Repair Program designed to
streamline and enhance the maintenance and repair processes across all existing WRFs. Originating from
the 30 -year Master Plan in response to facility consolidation, this program represents an implementation
strategy for Clearwater's three WRFs. It aims to improve the efficiency of capital repairs and equipment
replacement across these facilities, supporting a smooth transition as the East WRF and Marshall Street
WRF consolidate into the Northeast WRF. This program will address future facility modifications, capital
repairs, operational and maintenance enhancements, regulatory compliance, and ensure cost-effective and
efficient facility operations.
Under this contract, the City's maintenance staff will continue to handle preventive and minor corrective
maintenance, while the program will focus on major equipment and infrastructure. capital repair and
replacement.
Key tasks for this project include, but are not limited to:
• Reviewing and updating Operation and Maintenance (O&M) manuals and protocols for WRF
equipment and processes.
• Assisting in the development of a point repair contract for water reclamation facilities.
• Supporting engineering efforts related to maintenance activities.
• Designing, permitting, and analyzing the following areas:
o Pre-treatment (e.g., bar screens, grit removal, equalization)
o Primary and secondary treatment (e.g., moving belt filters, clarifiers, aeration tanks)
o Biosolids management (e.g., thickening, digesters, dewatering, disposal)
o Tertiary treatment (e.g., sand filters)
o Disinfection and aeration systems (e.g., aerators, blowers, controls)
v. 7.2024 3
o Management of residuals (e.g., grit, screenings, scum)
o Chemical feed systems
o Maintenance planning
o Odor control
o Facility drainage (e.g., piping, slide gates, valves, tank drains, lift stations)
o Minimizing sanitary sewer overflows
o Reuse and plant water applications
o Instrumentation and control systems
o Electrical systems (e.g., motor control centers, digital control centers)
o Generators and Automatic Transfer Switches
o Additional elements to be identified as necessary
Consultants are encouraged to suggest modifications to the specific tasks or overall scope if they offer
innovative, advanced, or well -considered approaches not explicitly outlined. Any proposed adjustments
should be indicated as optional items in the Consultant's response.
3.5 Qualifications
Each Consultant shall demonstrate the capability, financial resources, and relevant experience to perform
the required work satisfactorily. The Consultant should show a comprehensive understanding of data
collection, hydraulic modeling and calibration, and cost estimation as they pertain to creating capital
planning and maintenance strategies for water collection systems.
A minimum of three (3) comparable projects, preferably from other governmental agencies of similar scope,
scale, and complexity, completed within the past ten (10) years is required with submittal.
INSTRUCTIONS
4.1 Vendor Questions
All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA
accommodations), shall be submitted through the City's e -Procurement Portal, located at
https://procurement.openpov.com/portal/myclearwater. Please note the deadline for submitting inquiries.
All answers to inquiries will be posted on the City's e -Procurement Portal. Bidders may also click "Follow"
on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to
check the website for answers to inquiries.
4.2 Addenda/Clarifications
Any changes to the specifications will be in the form of an addendum. Vendors are required to register for
an account via the City's e -Procurement Portal hosted by OpenGov. Once the bidder has completed
registration, they will receive addenda notifications to their email by clicking "Follow" on this project.
Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at
https://procu rement.opengov.com/portal/mvclearwater.
v. 7.2024 4
The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be
responsible for any oral changes to these specifications made by any employees or officer of the
City. Failure to acknowledge receipt of an addendum may result in disqualification of a proposal.
4.3 Due Date & Time for Submission and Opening
Date: Monday, December 23, 2024
Time: 10:00 am
The City will open all responses properly and timely submitted and will record the names and other
information specified by law and rule. All responses become the property of the City and will not be returned
except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on
the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses,
whichever occurs earlier, proposals are available for inspection by contacting the Procurement Division.
4.4 Response Submittals
It is recommended that responses are submitted electronically through the City's e -Procurement Portal
located at https://procurement.opengov.com/portal/myclearwater. By way of the e -Procurement Portal,
responses will be locked and digitally encrypted until the submission deadline passes.
E-mail or fax submissions will not be accepted.
No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a
response that is not properly addressed and identified.
4.5 Late Responses
The respondent assumes responsibility for having the response delivered on time at the place specified. All
responses received after the date and time specified shall not be considered and will be returned unopened
to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by
employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means
of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the
due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time
stamp in the City's Procurement Office as the official time.
4.6 Lobbying; Lobbying No -Contact Period; Questions Regarding Solicitation
From the time a competitive solicitation is posted until such time as the contract is awarded by the city or
the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives,
and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees,
and evaluation committee members.
Violation of this section may result in rejection/disqualification from award of the contract arising out of the
competitive solicitation.
All questions regarding the competitive solicitation must be submitted through the City's e -Procurement
Portal, who will respond in writing and post such response to ensure that all respondents receive the same
information during the No -Contact Period.
The penalty for violating the No -Contact Period may include suspension or debarment.
4.7 Responsibility to Read and Understand
Failure to read, examine and understand the solicitation will not excuse any failure to comply with the
requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming
additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the
v. 7.2024 5
vendor must immediately and in any case not later than seven (7) business days in advance of the due
date notify the contact listed on this solicitation The City is not responsible for and will not pay any costs
associated with the preparation and submission of the response. Respondents are cautioned to verify their
responses before submission, as amendments to or withdrawal of responses submitted after time specified
for opening of responses may not be considered. The City will not be responsible for any respondent errors
or omissions.
4.8 Form and Content of Responses
Responses, including modifications, must be certified by an authorized representative and submitted
electronically. The City requires that an electronic copy of the response be submitted through the City's e -
Procurement portal located at https://procurement.opengov.com/portal/myclearwater. The respondent
must provide all information requested and must address all points. The City does not encourage
exceptions. The City is not required to grant exceptions and depending on the exception, the City may
reject the response.
4.9 Modification/Withdrawal of Response
For responses submitted electronically, vendors may use the "Unsubmit Response" button located on the
Response Details page of their submission. Responses may be resubmitted once they have been edited
or modified as needed.
For mailed in or hand delivered responses, written requests to modify or withdraw the proposal response
by the City prior to the scheduled opening time will be accepted and will be corrected after opening. Written
requests must be addressed and labeled in the same manner as the response and marked as a
MODIFICATION or WITHDRAWAL of the response.
No oral requests will be allowed.
4.10 Debarment Disclosure
If the vendor submitting a response has been debarred, suspended, or otherwise lawfully precluded from
participating in any public procurement activity, including being disapproved as a subcontractor with any
federal, state, or local government, or if any such preclusion from participation from any public procurement
activity is currently pending, the respondent shall include a letter with its response identifying the name and
address of the governmental unit, the effective date of this suspension or debarment, the duration of the
suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If
suspension or debarment is currently pending, a detailed description of all relevant circumstances including
the details enumerated above must be provided. A response from a respondent who is currently debarred,
suspended or otherwise lawfully prohibited from any public procurement activity may be rejected.
4.11 Reservations
The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to
reject non-responsive or non -responsible responses; to reject unbalanced responses; to reject responses
where the terms and/or awards are conditioned upon another event; to reject individual responses for failure
to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor
irregularities, defects, omissions, technicalities or form errors in any response. The City may seek
clarification of the response from respondent at any time, and failure to respond is cause for
rejection. Submission of a response confers on respondent no right to an award or to a subsequent
contract. The City is responsible to make an award that is in the best interest of the City. All decisions on
compliance, evaluation, terms and conditions shall be made solely at the City's discretion and made to
favor the City. No binding contract will exist between the respondent and the City until the City executes a
written contract or purchase order.
v. 7.2024 6
4.12 Official Solicitation Document
Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the
City. Award or execution of a contract does not constitute acceptance of a changed term, condition or
specification unless specifically acknowledged and agreed to by the City. The copy maintained and
published by the City shall be the official solicitation document.
4.13 Contractor Ethics
It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism,
economy, and government by law in the Procurement process. The responsibility for implementing this
policy rests with each individual who participates in the Procurement process, including Respondents and
Contractors.
To achieve this purpose, it is essential that Respondents and Contractors doing business with the City also
observe the ethical standards prescribed herein. It shall be a breach of ethical standards to:
A. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct.
B. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or
Services not provided.
C. Intentionally offer or provide sub -standard Materials or Services or to intentionally not comply with
any term, condition, specification or other requirement of a City Contract.
4.14 Gifts
The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents
and affiliates.
4.15 Right to Protest
Pursuant to Section 2.562(3), Clearwater Code of Ordinances, a bidder who submitted a response to a
competitive solicitation and was not selected may appeal the decision through the bid protest procedures,
a copy of which shall be available in the Procurement Division. A protesting bidder must include a fee of
one percent of the amount of the bid or proposed contract to offset the City's additional expenses related
to the protest. This fee shall not exceed $5,000.00 nor be Tess than $50.00. Full refund will be provided
should the protest be upheld. No partial refunds will be made.
ADDRESS PROTESTS TO:
City of Clearwater - Procurement Division
100 So Myrtle Ave, 3rd FI
Clearwater FL 33756-5520
or
PO Box 4748
Clearwater FL 33758-4748
4.16 Evaluation Process
Responses will be reviewed by a screening committee comprised of City employees and/or authorized
agents. The City staff may or may not initiate discussions with respondents for clarification
purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate
discussions with any City employee or official.
v. 7.2024 7
Respondent is hereby notified that Section 287.05701, Florida Statutes, requires that the City may not
request documentation of or consider a vendor's social, political, or ideological interests when determining
if the vendor is a responsible vendor.
4.17 Criteria for Evaluation and Award
The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical
response. All responses must meet the following responsiveness and responsibility criteria.
A. Responsiveness. The City will determine whether the response complies with the instructions for
submitting responses including completeness of response which encompasses the inclusion of all
required attachments and submissions. The City must reject any responses that are submitted
late. Failure to meet other requirements may result in rejection.
B. Responsibility. The City will determine whether the respondent is one with whom it can or should
do business. Factors that the City may evaluate to determine "responsibility" include, but are not
limited to: past performance, references (including those found outside the response), compliance
with applicable laws, respondent's record of performance and integrity- e.g. has the respondent
been delinquent or unfaithful to any contract with the City, whether the respondent is qualified
legally to contract with the City, financial stability and the perceived ability to perform completely
as specified. A respondent must at all times have financial resources sufficient, in the opinion of
the City, to ensure performance of the contract and must provide proof upon request. City staff
may also use Dun & Bradstreet and/or any generally available industry information. The City
reserves the right to inspect and review respondent's facilities, equipment and personnel and
those of any identified subcontractors. The City will determine whether any failure to supply
information, or the quality of the information, will result in rejection.
C. Technical Response. The City will determine how well responses meet its requirements in terms
of the response to the solicitation and how well the offer addresses the needs of the project. The
City will rank offers using'a point ranking system (unless otherwise specified) as an aid in
conducting the evaluation.
For this RFQ, see Section CRITERIA FOR EVALUATION AND AWARD for the criteria that will be evaluated
and their relative weights.
4.18 Short -Listing
The City at its sole discretion may create a short-list of the highest ranked responses based on evaluation
against the evaluation criteria. Short-listed proposers may be invited to give presentations and/or
interviews. Upon conclusion of any presentations/interviews, the City will finalize the ranking of shortlisted
firms.
4.19 Presentations/Interviews
Presentations and/or interviews may be requested at the City's discretion. The location for these
presentations and/or interviews will be determined by the City and may be held virtually.
4.20 Contract Negotiations and Acceptance
Respondent must be prepared for the City to accept the response as submitted. If respondent fails to
sign all documents necessary to successfully execute the final contract within a reasonable time as
specified, or negotiations do not result in an acceptable agreement, the City may reject response or
revoke the award, and may begin negotiations with another Respondent. Final contract terms must
v. 7.2024 8
be approved or signed by the appropriately authorized City official(s). No binding contract will exist
between the respondent and the City until the City executes a written contract or purchase order.
4.21 Notice of Intent to Award
Notices of the City's intent to award a Contract are posted to Purchasing's website. It is the respondent's
responsibility to check the City of Clearwater's website at
https:!/procurement.opengov.com/portal/myclearwater/projects/131424 to view the Procurement
Division's Intent to Award postings.
4.22 RFQ Timeline
Dates are tentative and subject to change.
Release Project Date:
November 22, 2024
Advertise Tampa Bay Times:
November 27, 2024
Question Submission Deadline:
December 13, 2024, 10:OOam
Due Date & Time for Submissions and Opening:
December 23, 2024, 10:OOam
Review Responses:
December 23, 2024 - January 8, 2025
Presentations (if requested):
Week of January 13, 2025
Award recommendation:
January 17, 2025
Council Authorization:
February 2025
Contract Begins:
February 2025
RESPONSE ELEMENTS
NOTE: Every response received by the City will be considered a public record pursuant to Chapter
119, Florida Statutes. Any response marked confidential may be deemed non-responsive to this
RFQ.
5.1 Response Submission
The City prefers responses are submitted electronically through the City's e -Procurement Portal located at
https://procurement.opermov.com/portal/mvclearwater.
Without exception, responses will not be accepted after the submission deadline regardless of any technical
difficulties such as poor Internet connections. The City strongly recommends completing your response well
ahead of the deadline.
Bidders can get help through OpenGov Assist, located on the bottom right of the OpenGov portal.
5.2 Response) Format
RESPONSE FORMAT — All responses, whether submitted by mail, hand -delivered, or electronically, must
not exceed twenty-eight (28) total pages, including typed text, graphics, charts, and photographs. Each tab
below specifies the number of pages allowed. Page counts are based on standard 8W x 11" paper, with
v. 7.2024
9
a single sheet printed on both sides considered as two (2) pages. The total page count excludes documents
submitted for Tabs 6 and 7, the tabbed separator pages, the cover page, and the back page.
NOTE: Every response received by the City will be considered a public record pursuant to Chapter
119, Florida Statutes. Any response marked confidential may be deemed non-responsive to this
RFQ.
The respondent must comply with the maximum page limit specified for each tab.
TAB 1 — Letter of Interest [two (2) pages]. The cover letter should briefly introduce the Firm and include:
A. A statement confirming that all information contained in the response is complete and accurate.
B. Signature from the firm's principal certifying that sufficient resources in personnel, equipment, and
time are available and can be committed to this project.
C. Contact information for the firm's principal including email address and phone number.
TAB 2 — Technical Approach to Managing a Water Reclamation Facility [six (6) pages]. Outline the
firm's understanding of the program, initial projects, and approach for addressing the City's needs.
TAB 3 — Experience and Qualifications of Firm and Staff [ten (10) pages]. Provide a summary of the
firm's background, relevant experience, and qualifications of the key personnel proposed for the program.
A. Include resumes for each key team member (including subcontractors), emphasizing specific
project -related experience.
B. List a minimum of three (3) comparable projects, preferably for other governmental agencies,
completed within the past ten (10) years, that demonstrate the team's experience with similar
scope, scale, and complexity.
C. Include an organizational chart and a statement confirming that the firm and all designated key
professional staff are properly licensed to practice in Florida.
D. Indicate the expected level of involvement for each team member. Any changes to key personnel
after contract award will require approval from the City.
TAB 4 — Work Plan and Schedule [eight (8) pages]. Provide a comprehensive work plan, including
tentative schedules, for completing each of the three (3) initial projects. Please note that it is currently
unclear whether these projects will be executed sequentially, concurrently, or with some degree of overlap.
TAB 5 — Quality Management Approach [two (2) pages]. Describe the firm's Quality Assurance/Quality
Control (QA/QC) plan or policy, outlining specific steps taken for technical review of all deliverables before
submission to a client. Include details of the standard processes used and identify key metrics or indicators
that demonstrate the policy's effectiveness and success.
TAB 6 — Litigation. NOTE: this is not considered Confidential or Proprietary information — any
response indicating such may be deemed non-responsive to the RFQ.
v. 7.2024 10
Provide a complete listing of any convictions or fines incurred by the respondent firm or any o- 's
principals for violations of any state or federal law within the past three (3) years. Identify fi •' 's
ecutives who have current claims or who have participated in litigation against the Ci of
Cle:. ater while with another firm. Executives of firms currently under litigation with e City may
not be onsidered for this project.
B. Provide a mplete listing of all litigation involving a construction project or c• tract (excluding
personal inju and workers' compensation) whether currently pending or ".ncluded within the
past three (3) ye.- s in which the respondent firm was a named party.
C. Provide a complete liing of all administrative proceedings involvi-• a construction project or
contract, whether curre pending or concluded within the pa three (3) years, in which the
respondent firm was a na . d party. (NOTE: Administrative ''roceedings shall include: (i) any
action taken or proceeding br•_ ght by a governmental ancy, department, or officer to enforce
any law, regulation, code, legal, .- contractual require ent, except for those brought in state or
federal courts; (ii) any action taken a governme► al agency, department, or officer imposing
penalties, fines, or other sanctions for -ilure to -.mply with any such legal or contractual
requirement; or (iii) any other matter befo - administrative body.)
D. Provide a complete listing of all arbitrati• s in sluing a construction project or contract, whether
currently pending or concluded in th- .ast three ) years, in which the respondent firm was.a
named party.
TAB 7 — Other Forms. The folio r' ng forms should be completed an signed:
A. Scrutinized Compa .•-s Form(s) as required
B. Truth In Negoti ons Form
C. Complianc- with Anti -Human Trafficking Laws Form as required
D. Copy r' the firm's current Florida Department of Business and Professional ' • ulation's License'
E. If "e firm is a corporation, a copy of the current Florida Corporation Registration
F W-9 Form. All responses should include a fully completed, most current W-9 form. Fail °- to include
the W-9 will not disqualify your bid. (http://www.irs.qov/pub/irs-pdf/fw9.
STANDARD TERMS AND CONDITIONS
6.1 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".
6.2 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'
v. 7.2024
11
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.
6.3 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.
6.4 Assignment
This Agreement may not be assigned either .in whole or in part without first receiving the City's written
consent. Any attempted assignment, either in whole or in part, without such consent will be null and void
and in such event the City will have the right at its option to terminate the Agreement. No granting of
consent to any assignment will relieve Contractor from any of its obligations and liabilities under the
Agreement.
6.5 Successor 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.
6.6 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.
6.7 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.
6.8 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.
6.9 Time of the Essence
Time is of the essence to the performance of the parties' obligations under this Agreement.
6.10 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.
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12
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 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.
1. 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").
2. 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.
3. 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.
4. 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.
5. 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 274B
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.
6.11 Sales/Use Tax, Other Taxes
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13
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.
6.12 Amounts Due the City
Contractor must be current and remain current in all obligations due to the City during the performance of
services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the
City or fees and charges owed to the City.
6.13 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 THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemariq Call, Phone:
727-444-7151 or Email: Rosemarie.Call anmyclearwater.com, 600 Cleveland Street, Suite 600,
Clearwater, FL 33755.
The Contractor agrees to comply with the following:
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 from time to time, or as otherwise provided by law.
C. Ensure that the public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the records
to the public agency.
D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the contractor or keep and maintain public records required by 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.
v. 7.2024
14
E. A request to inspect or copy public records relating to a public agency's contract for services must
be made directly to the public agency. If the public agency does not possess the requested records,
the public agency shall immediately notify the contractor of the request and the contractor must
provide the records to the public agency or allow the records to be inspected or copied within a
reasonable time.
F. The contractor hereby acknowledges and agrees that if the contractor does not comply with the
public agency's request for records, the public agency shall enforce the contract provisions in
accordance with the contract.
G. A contractor who fails to provide the public records to the public agency within a reasonable time
may be subject to penalties under Section 119.10, Florida Statutes.
H. If a civil action is filed against a contractor to compel production bf 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.
6.14 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 Contractor's place of business or at City offices, as determined by the City.
6.15 Background Check
The City may conduct criminal, driver history, and all other requested background checks of Contractor
personnel who would perform services under the Agreement or who will have access to the City's
information, data, or facilities in accordance with the City's current background check policies. Any officer,
employee, or agent that fails the background check must be replaced immediately for any reasonable cause
not prohibited by law.
6.16 Security Clearance and Removal of Contractor Personnel
The City will have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including
fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide
v. 7.2024
15
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.
6.17 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.
C. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its
option and at any time, provide written notice to the defaulting party of the default. The defaulting
party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure
period may be extended by mutual agreement of the parties, but no cure period may exceed ninety
(90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide
notice of the nature and extent of such default. Failure of the non -defaulting party to provide notice
of the default does not waive any rights under the Agreement.
D. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's
intent or ability to perform, the City may demand that Contractor give a written assurance of its
intent and ability to perform. In the event that the demand is made and no written assurance is
given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of
the Agreement.
6.18 Remedies
The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the
use of other remedies. In the event of default:
A. The non -defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
B. The City may purchase the services required under the Agreement from the open market, complete
required work itself, or have it completed at the expense of Contractor. If the cost of obtaining
substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring
immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii)
collection against the proposal and/or performance security, if any; (iv) collection against liquidated
damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as
provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute
services and expended in obtaining reimbursement, including, but not limited to, administrative
expenses, attorneys' fees, and costs.
C. The non -defaulting party will have all other rights granted under this Agreement and all rights at
law or in equity that may be available to it.
D. Neither party will be liable for incidental, special, or consequential damages.
v. 7.2024
16
6.19 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.
6.20 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.
6.21 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.
6.22 Termination for Non -Appropriation and Modification for Budgetary Contraints
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.
6.23 Payment to Contractor Upon Termination
Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed
up to the date of termination, and any authorized expenses already incurred up to such date of
termination. The City will make final payment within thirty (30) calendar days after the City has both
completed its appraisal of the materials and services provided and received Contractor's properly prepared
final invoice.
6.24 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.
6.25 Indemnification/Liability
A. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City,
its officers, agents, and employees, harmless from and against any and all liabilities, demands,
claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys',
witnesses', and expert witnesses' fees, and expenses incident thereto, relating to, arising out of, or
resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any
negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii)
Contractor or Contractor personnel's failure to comply with or fulfill the obligations established by
this Agreement. If applicable, this paragraph shall be construed in harmony with F. S. § 725.06.
v. 7.2024
17
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.
C. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or
any third party harmless for claims based on 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.
6.26 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. If applicable, this
paragraph shall be construed in harmony with F. S. § 725.06.
6.27 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 Toss,
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.
6.28 No Guarantee of Work
Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or
services or any materials or services at all under this Agreement and acknowledges and agrees that the
materials or services will be requested by the City on an as needed basis at the sole discretion of the
City. Any document referencing quantities or performance frequencies represent the City's best estimate
of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which
exceed its actual needs.
6.29 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.
6.30 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.
6.31 FOB Destination Freight Prepaid and Allowed
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18
All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed.
6.32 Risk of Loss
Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing
these services and such loss, injury, or destruction will not release Contractor from any obligation
hereunder.
6.33 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.
6.34 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.
6.35 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 infringing item other item(s) having at least equivalent capability; or (d)
refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation
acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5)
years, plus any additional costs the City may incur to acquire substitute supplies or services. 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.
6.36 Contract Administration
This Agreement will be administered by the Purchasing Administrator and/or an authorized representative
from the using department. All 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 administrator(s).
6.37 Force Majeure
Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances
beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion,
legislation, and governmental regulation. The party whose performance is so affected will within five (5)
calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the
force majeure event. The party whose performance is so affected must also take all reasonable steps,
promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect
thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of
delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay,
provided however, under no circumstances will delays caused by a force majeure extend beyond one
v. 7.2024
19
hundred -twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed
upon by the parties.
6.38 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.
6.39 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.
6.40 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.
6.41 Governing Law, Venue
This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any
proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida.
6.42 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.
6.43 Provisions Required by Law
Any provision required by to be in this Agreement is a part of this Agreement as if fully stated in it.
6.44 Severability
If any provision of this Agreement is declared void or unenforceable, such provision will be severed from
this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in
good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of
this Agreement, notwithstanding such invalidity or unenforceability.
6.45 Surviving Provisions
Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by
the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond
completion, termination, or other expiration of this Agreement, will survive and remain in full force and
effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this
Agreement will not release any party from any liability or obligation arising prior to the date of termination.
Si IRD4ITTAL RCQUII tEME T3
v. 7.2024
20
nse required
9 Ven • 'esponse*
Upload a copy of your res - with the information requested a
Water Reclamation Facility Mainte - and Repair Pr
EXHIBIT D
RFQ 05-25 INSURANCE REQUIREMENTS
*Response required
10 W-9*
Upload your c
ed in the solicitation titled 05-25
ponse required
A list of Insurance Policies that may be required.
8.1 Requirements
The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors,
representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to
adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having
an AM Best Rating of A -MI or better. In addition, the City has the right to review the Contractor's deductible
or self-insured retention and to require that it be reduced or eliminated.
Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence
basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be
obtained on a claims -made basis with a minimum three (3) year tail following the termination or expiration
of this Agreement:
8.2 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.
8.3 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.
8.4 Workers' Compensation Insurance
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) each 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.
8.5 Architects & Engineers Liability/Professional Liability (E&O)1 Contractors Professional
Liability (CPrL)/ Medical Malpractice Insurance
Where the Agreement involves Florida -regulated professional services (e.g. architect, engineer, design -
builder, CM, accountant, appraiser, investment banker medical professional) at any tier, whether employed
or independent, vicarious design liability exposure (e.g. construction means & methods, design
v. 7.2024
24.
supervision), value engineering, constructability assessments/reviews, BIM process, and/or performance
specifications. Limits of at least $1,000,000 (one million dollars); deletion of design/ build liability exclusions,
as applicable, and maintained for at least 3 years after completion of work/services and City's acceptance
of same.
8.6 Waiver of Subrogation
With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver
of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment
of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect
such waiver, but this provision shall apply to such policies regardless.
The above insurance limits may be achieved by a combination of primary and umbrella/excess liability
policies.
8.7 Other Insurance Provisions
Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance
policy's renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with
a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with
applicable endorsements). evidencing all of the coverage set forth above and naming the City as an
"Additional Insured" on the Commercial General Liability Insurance and the Commercial Automobile Liability
Insurance. In addition when requested in writing from the City, Vendor will provide the City with certified
copies of all applicable policies. The address where such certificates and certified policies shall be sent or
delivered is as follows:
City of Clearwater
Attn: Procurement Division, 05-25
P.O. Box 4748
Clearwater, FL 33758-4748
Vendor shall provide thirty (30) days written notice of any cancellation,, non -renewal, termination, material
change or reduction in coverage.
Vendor's insurance as outlined above shall be primary and non-contributory coverage for Vendor's
negligence.
Vendor reserves the right to appoint legal counsel to provide for the Vendor's defense, for any and all claims
that may arise related to Agreement, work performed under this Agreement, or to Vendor's design,
equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal
fees or costs as a result of Vendor providing its defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and City's failure to request evidence of this insurance shall not be construed
as a waiver of Vendor's (or any contractors', subcontractors', representatives' or agents') obligation.
to provide the insurance coverage specified.
9.1 Anticipated Begi
MILESTONES
End of Initial Term
The initial term is estimated to be from February 20 February 2030.
If the commencement of performa
elayed because the City does no' - the contract on the
start date, the City ma - . - e start date, end date and milestones to reflect the delaye• - .n.
9.2 xtension
v. 7.2024
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