1-RFP.pdf

City of St Pete Beach

Request for Proposals

Proposals due on or before 9/10/2025 at 9:00 AM EST(Deadline)

City Hall, St. Pete Beach, FL

Watershed Management Master Plan

V040124

I. CONTENTS

I. CONTENTS

II. CONTRACTOR’S PROPOSAL SUBMITTAL

III. FEE SCHEDULE

IV. GENERAL CONTRACT TERMS

V. REFERENCES & MINIMUM QUALIFICATIONS

VI. PUBLIC ENTITY CRIMINAL AFFIDAVIT

VII. NON-COLLUSION AFFADAVIT

VIII. SPECIFICATIONS

IX. SAMPLE AGREEMENT

Event Date Time Publication of Bid 08/06/2025 8:00 AM Pre-Bid Meeting (MANDATORY) 08/20/2025 10:00 AM Deadline for Question Submission 09/03/2025 10:00 AM Bid Receiving Deadline 09/10/2025 9:00 AM Bid Opening 09/10/2025 10:00 AM

II. CONTRACTOR’S PROPOSAL SUBMITTAL

The company that is submitting a proposal declares that it has extensive experience in Watershed Management Master Planning.

The undersigned, as Proposer, hereby declares that the only person or persons interested in the Proposal as principal or principals are named herein, and that no person other than herein mentioned has any interest in the Proposal or in the Agreement to be entered into; that this Proposal or Agreement is made without connection with any other person, company, or parties making a Proposal; and that it is in all respects fair and in good faith without collusion or fraud.

The Proposer further declares that they have examined the site of the work and informed themselves fully in regard to all conditions pertaining to the place where the work is to be done; that they have examined the Plans and Specifications for the work and Contract Documents relative thereto, and have read all special provisions furnished prior to the opening of proposals; and that they have satisfied themselves relative to the materials to be supplied and work to be performed.

The Proposer proposes and agrees, if the Proposal is accepted, to contract with the City of St. Pete Beach, Florida, in the form of an Agreement specified for “Watershed Management Master Plan” in St. Pete Beach, Florida, in full and complete accordance with the shown, noted, described, and reasonably intended requirements of the Plans, Specifications, and Contract Documents, to the full and entire satisfaction of the City of St. Pete Beach, Florida.

The successful Proposer shall be required to utilize the template Agreement in this Request for Proposals (RFP) and any questions regarding the Agreement must be addressed during the RFP process before submittal. The City reserves the right to respond or not respond to questions in the form of an addendum.

The Proposer proposes to furnish all materials, equipment, labor, and perform the work submitted in their proposal schedule for the City of St. Pete Beach “Watershed Management Master Plan”.

COMPANY: DATE:

ADDRESS: PHONE:

PROPOSER: ____________________________ NAME:

(SIGNATURE) (PRINT NAME & TITLE)

STATE OF FLORIDA

COUNTY OF ____________________

The foregoing instrument was sworn to (or affirmed), subscribed, and acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ____ day of ___________________________, 2025, by _____________________, who is personally known to me or has produced ________________________________ as identification.

(SEAL) ______________________________

Notary Public – State of Florida

(Print, Type, Stamp, or Commissioned Name of Notary Public)

SUBMIT PROPOSAL TO:

OFFICE OF THE CITY CLERK, CITY OF ST. PETE BEACH

155 COREY AVENUE, ST. PETE BEACH, FLORIDA 33706

III. FEE SCHEDULE

Vendor Proposal of needed items

V072224

IV. GENERAL CONTRACT TERMS

REQUEST FOR PROPOSALS

The City of St. Pete Beach is looking for vendors to create a Watershed Management Master Plan.

REQUEST FOR PROPOSAL SUMMARY

The Watershed Management Master Plan (WMMP) will replace the City’s existing Stormwater Master Plan and will identify resiliency measures to mitigate for the impacts of sea level rise to the City. Mean sea level projections over the next several decades could result in drastic impacts to quality of life within the community with some localized areas under elevation 2.0 feet (NAVD88). The Project also includes private seawall elevations survey.

Background On June 17, 1991, the City of St. Pete Beach commissioned the services of Tampa Bay Engineering, Inc. to prepare a Master Drainage Plan and a 5-Year Capital Improvements Program report which was delivered in May 1993. The purpose of the report was to assist the City to meet its drainage goals and objectives contained in the Infrastructure Element of the City’s Comprehensive Plan. The report identified deficiencies in the City’s stormwater infrastructure and prioritized recommended improvements. There are 175 identified stormwater basins in the City of St. Pete Beach. For the purposes of the report, the City designated 25 of the basins as high priority due to observed stormwater flooding during high water and storm events. All recommended projects are within the 25 designated basins. In 2010 the City created a Stormwater Utility within the Public Services Department and commissioned a Stormwater Rate Study.

Woolpert, Inc. delivered the study in September 2011 and based on revenue forecasts; the City was able to begin planning drainage basin improvement recommendations identified in the 1993 report. In December 2012 the City retained Cribb, Philbeck, Weaver Group, Inc. (CPWG) to update the 1993 report.

The report was updated as a Stormwater Master Plan (SMP) and included validation of the original recommendations and a current cost estimate for construction. Since the first SMP in 1993 it was the City’s policy to utilize SMPs to prepare and prioritize stormwater management Capital Improvement Projects. In 2018 the City recognized that there were additional local flooding mitigation needs and developed a Local Flooding Mitigation Project Plan to identify and reduce local street flooding resulting from rainstorm events. These projects were developed by Genesis Group and are in addition to the Capital Improvement Projects outlined in the 2012 SMP.

Through the years 2018 to 2020 there was a growing observation by many residents and staff that the City is experiencing increased localized flooding caused by natural phenomena occurrences including abnormally high regular tides, King Tides and Sea Level Rise all of which is exacerbated by rain events.

Due to these observations the City changed its policy in mid-2020 to prepare projects to mitigate flooding from bay tidal events instead of localized flooding from rain events.

In February 2020 the City retained CPWG to update the 2012 SMP in two phases. Phase I was received in July and presented to the City Commission in September 2020. In preparing to begin Phase II staff reviewed the results of the Phase I report and others including the Sea Level Rise Adaptation Plan for the Don Cesar Neighborhood dated September 16, 2020 and information presented in the St. Pete Beach Sustainability Action Plan 2020-2050. The data showed that the City has reached a pivotal point on determining how to proceed with the analysis of defending against tide/stormwater inundation and Sea Level Rise (SLR). Rather than continuing with the historical Stormwater Master Planning effort with parallel efforts on Local Flooding Mitigation Projects, Phase II could combine into one comprehensive water threats protection strategy.

The City identified five distinct geographical boundaries within the City of St. Pete Beach and elected to split the water threats analysis into five sections, with each analyzed under a separate consultant. From this study, it was recommended that the City conduct a series of future projects to bolster the City’s resiliency. This included analysis of the land development code, seawall evaluation, level of service refinements, accumulation of information pertaining to stormwater infrastructure and finished floor elevations, and identification of funding initiatives.

In response to these initiatives, this analysis will focus on updating the existing hydrologic and hydraulic stormwater model to assess acute stresses on critical infrastructure. For the purposes of this study, level of service criteria will be defined and applied on a categorical basis. A series of viable alternatives will be developed to improve level of service and enhance water quality. Engineer’s opinions of probable costs will be determined for these alternatives.

PROPOSAL SUBMITTALS

Proposal documents must include a signed/notarized Contractor’s Proposal Submittal (Page 3), Fee Schedule, References, Contractor’s license and insurance certificates, and Public Entity Criminal Affidavit.

The Contractor shall submit electronic proposals only. Bidders must submit electronically through online platforms Bonfire and DemandStar. When bidding electronically, only one copy should be submitted.

Proposal documents must include all items listed under the Proposal Submittal Instructions section of this

RFP.

Electronic proposals must be submitted by 9:00 AM on 09/10/2025 (Deadline).

Clearly marked as: “Watershed Management Master Plan”

PROPOSER INFORMATION

All prospective Proposers must contact the City’s Procurement Manager, in writing via e-mail (jtaylor@stpetebeach.org), with their intention to submit, along with their company name and contact information at least ten (10) business days before the proposal submittal deadline. The City is not responsible for any Addendums or other supplementary information that is not received due to non-submittal of the aforementioned information. Please refer back to the city website (http://www.stpetebeach.org/news-and-links/city-projects.html) for additional project information as it becomes available. The City reserves the right to decide whether to answer addendums or not. The City is not required to provide any additional information.

MANDATORY PRE-PROPOSAL MEETING

A Mandatory pre-proposal meeting will be held on 8/20/2025 at 10:00 AM EST via Zoom Video conference/Teleconference. Please contact the City’s Procurement Manager (jtaylor@stpetebeach.org) for a meeting invitation and Zoom Meeting instructions.

CONTACT INFORMATION

Procurement Manager - John Taylor Mailing Address - 155 Corey Avenue, St. Pete Beach, Florida 33706 Office Phone - (727) 363-9279 E-mail - jtaylor@stpetebeach.org

SUBMISSION OF PROPOSALS

Proposers should follow the format specified in this RFP and structure their responses to follow the sequence of the Proposal Submittal Instructions when submitting a proposal. An Evaluation Committee http://www.stpetebeach.org/news-and-links/city-projects.html mailto:jtaylor@stpetebeach.org will evaluate the proposals received based on responsiveness to the evaluation criteria below and price information provided on the fee schedule.

Proposer is advised that exceptions to any of the terms contained in this RFP or the service agreement must be identified in its response to the RFP. Failure to do so may lead the city to declare any such term non-negotiable. The proposer’s desire to take exception to a non-negotiable term will not disqualify it from consideration for award.

EVALUATION CRITERIA

The evaluation criteria define the factors that will be used by an Evaluation Committee to evaluate responsible and qualified proposals. Proposers shall include sufficient information to allow the Evaluation Committee to thoroughly evaluate their proposals. The contract will be awarded to the proposer who is determined to be the most advantageous for the City.

The following criteria, in order of priority, will be considered in the evaluation of the proposal:

• Qualifications and Experience – Demonstrated expertise in watershed management planning, hydrologic and hydraulic modeling, and coastal stormwater systems.;

• Understanding of the Project – The firm’s approach to addressing flood risk, sea level rise, and water quality concerns specific to barrier island communities.;

• Past Performance and References – Experience on similar projects, especially for coastal municipalities, and client references.;

• Team Organization and Key Personnel – Qualifications, availability, and roles of proposed staff.

• Innovative approaches or Value-Added Services – Unique tools, techniques or planning strategies that can enhance the City’s long-term resiliency planning.

PROPOSAL SUBMITTAL INSTRUCTIONS

Proposals shall include the following:

• A signed and notarized Proposer’s Contract Proposal.

• Current proof of insurance certificate.

• A list of references and minimum qualifications as outlined in Section V.

• Must be electronic via Bonfire or DemandStar. If a link is needed, please contact jtaylor@stpetebeach.org for more information.

WRITTEN REQUESTS FOR INTERPRETATIONS/CLARIFICATIONS

No oral interpretations will be made to any firms as to the meaning of the scope of work or any other contract documents included in this RFP. All questions pertaining to the terms and conditions or scope of work of this Request for Proposal (RFP) must be sent in writing (e-mail is acceptable) to the City Procurement Manager and shall be received no later than 10:00 AM EST on 9/3/2025. Responses to questions may be handled as an Addendum if the response would provide clarification to the requirements of the RFP. All such Addenda shall become a part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. The City will not respond to questions received after the specified deadline. The City reserves the right to respond to any and all questions but is not required to do so. If the Proposer discovered the opportunity through one of the two online platforms (Bonfire or DemandStar), do not submit questions through these platforms. Only questions emailed directly to the City Procurement Manager will be answered.

SCOPE OF WORK

The selected consultant will provide general engineering services to update the City’s Watershed Management Masterplan. The project objective is to provide the elected officials, citizens and businesses of St. Pete Beach with flooding mitigation and water quality improvement recommendations with reasonable opinion of probable cost estimates for planning purposes.

The project will address the review comments in terms of digital data format, subbasin delineation, hydrologic and hydraulic data and parameter verification, storage verification, and model setup and stability.

The specific services to be provided and a list of deliverables for this project are presented below and include a Kick-Off meeting, Services During Project Development, Watershed Evaluation, Watershed Management Plan and Long-Term Simulation Model Development For Major Lakes. The selected vendor is expected to perform the following tasks:

• Public Meetings

• Digital Topographic Information

• Watershed Evaluation

• Floodplain Analysis

• Floodplain Level of Service (FPLOS)

• Surface Water Resources Assessment (SWRA)

• Best Management Practices (BMPs) of Water Quality

• Benefit Cost Analysis (BCA)

• 10- Year Capital Improvement Plan (CIP)

• Funding Options Analysis

PROGRESS REPORTS

With each invoice, the selected consultant shall submit a letter containing the following information:

• Explanation of the work completed during the invoice period

• An appraisal of the schedule

• If behind schedule, a proposed recovery plan

• An outline of proposed activities during the next invoice period.

PROJECT SCHEDULE

The selected consultant shall commence at the time the purchase order is issued. The estimated time necessary to complete the project is 730 days from the issuance of the notice to proceed.

CITY RESPONSIBILITIES

The City’s Project Manager will make available to the Consultant all information available in files pertaining to the project, including GIS files, reports, work maps, and model files. The Consultant shall be responsible for the use of the information and shall accept the responsibility for any errors or omissions that may result from its use.

DETAILED SPECIFICATIONS

• No floodplain mapping or coastal storm surge analysis is to be proposed as part of this WMMP beyond the results previously provided within the Vulnerability Assessments previously completed for the City. The purpose of this system is to evaluate the functionality of the City’s drainage infrastructure during storm events. Similarly, the preparation of a Floodplain Insurance Study (FIS) Report is not included

• Limited easement research shall be performed on an as-needed basis. Easements not depicted on plat records, available on the County’s website, are not proposed to be investigated.

• All work proposed is to be performed using the NAVD88 vertical datum. However, it is likely certain information will be on the older NGVD29 vertical datum. Datum conversion, when/if needed, shall be done using a “standard” conversion factor. Professional Land Surveyor services to perform this work is not included. Horizontal datum adjustments are not included.

• The naming designation currently utilized in the City’s GIS application shall be expanded upon and revised as needed. Wholesale naming revisions are not proposed.

• Elevations are available on the City’s GIS application for limited stormwater assets. These elevations shall be used as the basis for stormwater modeling and additional survey may be required to be performed.

• The creation of a Digital Terrain Model (DTM) is not to be proposed. The selected consultant shall utilize the Digital Elevation Model (DEM), provided by SWFWMD, in order to develop basin and subbasin boundaries.

• The effect of sea level rise shall be evaluated by elevating tailwater conditions. The extent of tailwater increase shall be determined by review of readily available, locally relevant documents discussing the topic.

• Coordination with public and private utilities may be necessary.

• Geotechnical investigation is not proposed. Soil type discussion shall be based upon readily available

NRCS maps.

• Inspection of pipe and structure condition is not proposed. However, the City shall be notified when maintenance activities are believed to be immediately required.

• Field investigation may require the removal of catch basin and/or manhole lids. This work shall be performed by others. It is also assumed that the removal of lids can be done in intervals of ten (10) prior to staff mobilizing to the site.

• Extensive MOT, if needed to access structures on Gulf Blvd., shall be performed under a separate scope of services.

References

• Watershed Information - Pinellas County

• www.stpetebeach.org/782/watershed-management-library

ADDITIONAL WORK DETAILS

Proposers or persons wishing to submit a proposal on this project shall be licensed, bondable and insured in accordance with the City’s requirements. The Proposer will furnish all necessary labor, materials, tools, equipment and supplies to complete the scope of work. Proposal must also include all costs for licenses, permits and any material disposal fees.

Proposers shall bring questions, discrepancies, omissions, conflicts, or doubt as to meaning of any part of Contract Documents to the attention of the City of St Pete Beach Procurement Manager at least ten (10) business days before proposal submittal deadline. Clarification of intent of Contract Documents, if necessary, shall be made available to Proposers in the form of an Addendum. Failure to request clarification of interpretation of Contract Documents shall not relieve Proposers of their responsibilities to perform the work.

https://pinellas.gov/watershed-information/

The City of St. Pete Beach reserves the right to reject any or all proposals or parts of proposals, or accept any proposal or part thereof deemed to be in the best interests to the City of St. Pete Beach.

STATEMENT OF WORK

The Proposer shall furnish and pay the cost, including sales tax and all other applicable taxes, licenses, permits and fees, of all the necessary materials not furnished by the City and shall furnish and pay for all the superintendence, labor, tools, equipment, transportation, and perform all the work required for the execution of all services listed in the Proposer’s Proposal and Proposal Form attached hereto and in strict accordance with the Plans, Specifications, and requirements of the City of St. Pete Beach which are attached hereto and made a part hereof, and any amendments thereto and such supplemental Plans and Specifications which may hereafter be approved.

BEGINNING DATE

The Proposer shall, within ten (10) business days after receipt of the Notice of Award and before commencement of any operations hereunder, execute the Agreement. Additionally, the Proposer shall, within twenty (20) business days after receipt of the Notice of Award, provide all required documentation to the City.

COMPLETION OF WORK

Based on mutually determined time-frame.

COSTS INCURRED BY PROPOSERS

All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposers. No payment will be made for any responses received or for any other effort required of or made by; the Proposer’s prior to contract commencement.

ORAL PRESENTATION

The City may require an oral presentation of the proposal at the Evaluation Committee’s discretion. This could also include a formal interview of any and all members of the Proposer’s contract management staff.

CONFLICT OF INTEREST

The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided for in FL Stat. 112.311. The Proposer further represents that no person having any interest shall be employed for said performance.

The Proposer shall promptly notify the City’s representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the contractor’s judgment or quality of services being provided hereunder.

Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Proposer may undertake and request an opinion of the city as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to notify the Proposer of its opinion by certified mail within thirty days of receipt of notification by the Proposer.

LATE PROPOSAL OR MODIFICATIONS

Modifications in writing received prior to the time set for the proposal submittal will be accepted. Proposal modifications received after the time set for the proposal submittal will not be considered.

RELATED PARTIES AND MULTIPLE PROPOSALS

Where two (2) or more related parties each submit a proposal or multiple proposals are received from (1) Proposer, for any such contract, such proposals shall be judged non-responsive. Related parties mean Proposers or the principles thereof, which have a direct or indirect ownership interest in another Proposer for the same contract or in which a parent company or the principles thereof where one (1) Proposer has a direct ownership interest in another Proposer for the same contract.

RIGHT TO AUDIT

The City of St. Pete Beach reserves the privilege of auditing a Proposer’s record as such records relate to purchases or work between the City and said Proposer. Records should be maintained for three years from contract date.

VARIANCE FROM STANDARD TERMS & CONDITIONS

All standard terms and conditions stated throughout the RFP apply to this contract except as specifically stated. This should be fully understood by Proposers prior to submitting a proposal.

ASSIGNMENT

The Proposer shall perform this contract. No assignment or subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer must disclose that intent in the proposal. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) business days of Proposer’s notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City shall include but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purpose of this Agreement.

LOBBYING

Lobbying of Evaluation Committee members, City employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid award or bid protest, by the bidder/proposer/protestor or any member of the bidder’s/proposer’s/protestor’s staff, an agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City and shall be prohibited until either an award is final or the protest is finally resolved by the City Manager or Procurement Manager; provided, however, nothing herein shall prohibit a prospective bidder/proposer from contacting City departments to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision, lobbying activities shall include but not be limited to, influencing or attempting to influence action or non-action in connection with any requests for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected.

ADDITIONAL REQUIREMENTS

The City reserves the right, by change order, to unilaterally add or delete locations/services, either collectively or individually, at the City’s sole option, at any time after award has been made as may be deemed necessary or in the best interest of the City. In such case, the Proposer will be required to provide or reduce services to this contract in accordance with the terms, conditions, and specifications.

SERVICES AGREEMENT

A written agreement incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer, and presented to the City Commission for approval and signature.

INTEGRITY OF REQUEST FOR PROPOSAL DOCUMENTS

Proposers shall use the original RFP forms provided within the RFP and enter information in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP forms if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of the RFP. Any such modifications or alterations a Proposer wishes to propose must clearly be stated in the Proposer’s RFP response and presented in the form of an addendum to the original RFP documents.

RESPONSIBILITY OF THE CITY MANAGER OR DESIGNEE

The term “City Manager or designee” wherever used in this Contract shall be the City of St. Pete Beach or its duly authorized representative. Notices of any change in the City Manager or designee shall be given in writing by the City to the Contractor. The City Manager or designee shall have full authority to interpret the contract and requirements and shall determine acceptance of the work under this Contract and every question relative to the fulfillment of the terms and provisions therein. It shall be the duty of the City Manager or designee to enforce the contract terms in a fair and unbiased manner.

If a variation from any requirements is allowed, the City Manager or designee shall grant the same in writing with the reasons for his action outlined, and such action will not invalidate or change the Contract in any other manner.

EXAMINATION OF SITE

Proposer shall carefully examine project site and be familiar with the work required for the project, investigate all site conditions that may affect execution of work as detailed in the construction documents.

Contact the City’s Procurement Manager or their designee for changes or alterations before proceeding.

ASSURANCES

The responding Proposer shall provide a statement of assurance that the Proposer is not presently in violation of any statutes or regulatory rules that might have an impact on the firm’s operations. All applicable laws and regulations of the State of Florida, and ordinances and regulations of the City of St. Pete

Beach will apply.

TRAFFIC CONTROL AND STAGING AREA

Proposer shall include all costs associated with vehicular and pedestrian traffic control and maintenance during the project. Proposer shall be responsible for providing a staging area. The location of this area must be approved by the City Manager or designee. The Proposer will be required to control the area including any additional fencing or barricades and Proposer will be responsible for the restoration of this and all other staging areas provided by the City.

ASSIGNMENT AND TRANSFER OF CONTRACT

The Proposer shall not assign or transfer this Agreement or any part thereof or any interest therein without consent in writing of the City and the Proposer’s Surety, and any such assignment or transfer without such written consent shall be null and void.

SUBCONTRACTS

The Proposer shall not subcontract this Agreement or any part thereof or any interest therein without consent in writing of the City and the Proposer’s Surety. Any Subcontractor approved by the City will be subject to the same standards and qualifications as stated in this Contract.

PERFORMANCE PAYMENT BOND

A Performance and Payment Bond will be required of the Awarded Proposer for any contract that is in excess of $100,000.00 dollars and will be in an amount equal to 100 percent (100%) of the price specified in the Agreement. The bond(s) shall be executed by a surety company authorized to do business in the State of Florida, or otherwise secured in a manner satisfactory to the City for the protection of all persons supplying labor and material to the Proposer or its subcontractors for the performance of the work provided for in the contract. The expense of this bond shall be the responsibility of the Proposer.

If at any time a Surety on such bond becomes irresponsible or loses its right to do business in the State of Florida, the City may require another Surety that the Contractor shall furnish within ten (10) business days after receipt of written notice to do so. Evidence of authority of an attorney in fact, acting for the corporate Surety must be provided in the form of a certificate as to his power of attorney and to the effect that it is not terminated and remains in full force and effect on the date of the bond. The form of the bond shall be subject to approval by the City.

LIQUIDATED DAMAGES

If the work embraced by this Contract is not completed on or before the date set for completion or any extension thereof, the actual damages for the delay will be impossible to determine and in lieu thereof, the Proposer shall pay to the City fixed, agreed, and liquidated damages in the amount of either Five-Hundred Dollars ($500) per day for each calendar day of delay until the work is satisfactorily completed.

PAYMENT

Payment shall be made to the Proposer for work performed under this Contract for the quantities of work as determined in accordance with Payments for Work Completed and Payments Withheld of this Contract.

Payment for extra work will be made in accordance with the Changes in Work, Contract Amount, and Contract Time sections below.

PERIOD OF PERFORMANCE

A twelve (12) month time limit shall apply to the period of performance.

CHANGES IN THE WORK

Without invalidating the Contract, the City may, at any time or from time to time, order additions, deletions or revisions in the work authorized by written Change Orders or directives. Upon receipt of a Change Order, the Proposer will proceed with the work involved. All such work shall be executed under the applicable conditions of the Contract documents. If any Change Order causes an increase or decrease in the Contract Amount or any extension or shortening of the Contract Time, an equitable adjustment will be made.

Additional Work performed by the Proposer without authorization of a Change Order will not entitle them to an increase in the Contract Amount or any extension of the Contract Time, except in the case of an emergency (subject to approval by City Manager or designee).

It is the Proposer's responsibility to notify their Surety of any changes affecting the general scope of the Work or change of the Contract Amount and the amount of the applicable bonds shall be adjusted accordingly, and an amended bond document furnished to the City. In the event the City directs the Proposer to make a change in the Work, and if the City and the Proposer do not arrive at a mutually acceptable increase or decrease in the Contract Amount, the Proposer shall not use any such lack of mutual acceptance as a basis or cause to stop or otherwise delay the progress or the execution and completion of any of the work ordered, directed or required pursuant to the Contract Documents.

If the Proposer believes an event or situation has occurred which justifies a change in the Contract Amount or Contract Time, they shall deliver a written notice to the City Manager or designee. Each such written notice shall be delivered promptly and no later than fifteen (15) business days after the Proposer first discovered the occurrence. The Proposer shall be deemed to have waived the right to collect any and all costs incurred more than fifteen (15) business days prior to the date of delivery of the written notice and shall be deemed to have waived the right to seek an extension of the Contract Time with respect to any delay in the Progress Schedule which accrued more than fifteen (15) business days prior to the date of delivery of the written notice.

Any such notice shall include sufficient detail to explain the basis of entitlement to a claim for an adjustment to the Contract Amount of Contract Time. When requested by the City Manager or designee, the Proposer shall furnish any additional information and details as may be required to determine the facts or allegations involved, which shall be provided within fifteen (15) business days of the request unless a longer time period is allowed by the City Manager or designee.

The Proposer shall prepare proposals detailing proposed adjustments to Contract Amount and/or Contract Time and submit them to the City Manager or designee within fifteen (15) business days of the City’s issuance of a proposed Change Order or the Proposer’s submitting a written notice of a change or claim for an adjustment to the Contract Amount or Contract Time. Proposer’s proposals shall be irrevocable for a period of at least sixty (60) business days after receipt by the City. Any delay in the submittal of a complete, adequate and acceptable proposal will not justify an increase in Contract Amount or Contract Time.

Proposer agrees that it shall give the City access to any and all of Proposer’s and Subcontractors’ books, records and other materials relating to proposed Change Orders and other claims for adjustment to Contract Amount or Contract Time.

CHANGE OF CONTRACT AMOUNT

The Contract Amount constitutes the total compensation payable to the Proposer for performing the Work.

All duties, responsibilities and obligations assigned to or undertaken by the Proposer shall be at his expense without change in the Contract Amount. The Contract Amount may only be changed by written Change Order issued by the City. Any claim for an increase in the Contract Amount shall be in writing and delivered to the City Manager or designee within fifteen (15) business days of the occurrence of the event giving rise to the claim.

All claims for adjustment in the Contract Amount shall be determined by the City Manager or designee.

However, no claim for an adjustment to the Contract Amount will be considered for unforeseeable causes that were beyond the fault or negligence of the Proposer or his Subcontractors or supplier such as acts of God, floods, riots, etc. This restriction does not restrict submission of claims for additional Contract Time due to events of this nature. Any change in the Contract Amount shall be incorporated in a Change Order.

Proposer proposals or claims shall cover all aspects of the Work involved and shall be fully documented and itemized as to all costs, quantities and charges for overhead and profit. Amounts for Subcontractors or Suppliers at any tier shall be similarly supported. When determining Subcontractors’ costs, the methods to be used shall be those used for the Proposer’s costs, except that the term “Subcontractor” shall replace the term “Proposer,” context permitting.

Changes in Contract Amount for extensions in Contract Time shall exclude costs that are unaffected or do not relate to the extension in Contract Time, such as: (a) operating costs of construction equipment assigned to the Work on a continuing basis, (b) operating costs and owned/rental costs of construction equipment (crane used for specific lifts, concrete pump used for specific pours, etc.), and (c) fully paid site facilities, tools, etc.

The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Amount where the Work involved is covered by unit prices contained in the Contract Documents shall be determined by application of unit prices to the quantities of the items involved. If the quantities originally contemplated are so changed in a proposed Change Order, that application of the Unit Prices to the quantities proposed will cause substantial inequity to the City or the Proposer, the applicable unit price(s) shall be equitably adjusted by mutual agreement.

If the value of work covered by a Change Order cannot be established or mutually agreed to utilizing previously established unit rates, the value shall be determined by the City on the basis of an estimate of the out-of-pocket cost and percentages that are acceptable to the City for overhead and profit. The out-of-pocket cost shall only include those direct costs which are needed to perform the work such as labor (including payroll taxes, fringe benefits, labor burden and workers’ insurance), materials, equipment, and other incidental out-of-pocket construction costs directly involved in the work, including but not limited to small tools, expendables and material costs but shall not include project management or project supervisory costs unless the Change Order includes an increase in the Contract time.

In such case, the Proposer will submit in the form prescribed by the City an itemized cost breakdown together with supporting data.

The amount of credit to be allowed by the Proposer to the City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease as determined by the City. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any.

To be eligible for consideration, the Proposer’s written claim for a change in the Contract price, including claim(s) from sub-contractors, shall include an itemized cost breakdown with supporting data as described below:

A. For labor: Provide written documentation from the Proposer and Subcontractors or others as appropriate in the form of a detailed breakdown by each labor classification involved indicating the number of hours of Work involved and the hourly payroll rate applicable to each to substantiate the basis and amount of the direct labor cost. The direct labor cost may be increased to provide an allowance for indirect payroll costs (labor burden), such as payroll taxes, fringe benefits, and workers insurance after all premium discounts, rebates and other appropriate reductions have been taken.

B. For material, supplies, equipment, furnishings, etc., to be installed or included in the Work: Provide written documentation from the Proposer and Subcontractors, suppliers, etc., to substantiate the basis and amount of the various cost items involved. Material costs shall reflect the Proposer’s reasonably anticipated net actual cost after consideration of trade discounts and volume rebates.

C. For construction equipment: Provide written documentation in the form of a detailed breakdown by each construction equipment category, indicating the applicable unit rates (i.e., dollar amount per hour, dollar amount per day etc.,) and the number of hours, days, etc. to substantiate the basis and amount of the construction equipment out-of-pocket costs.

CHANGE OF CONTRACT TIME

The Contract Time may only be changed by written Change Order. Any claim for an extension in the Contract Time shall be in writing and include an analysis of the Progress Schedule as further described in the Specifications and shall be delivered to the City Manager or designee within fifteen (15) business days of the occurrence of the event giving rise to the claim. All claims for adjustment in the Contract Time shall be determined by the City Manager or designee. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. The Contract Time may be extended for an amount equal to time lost due to unforeseeable causes beyond the control of the Proposer (and his Subcontractors and Suppliers) if he makes a claim therefrom. Such delays shall include, but not be restricted to, acts or neglect by any separate Proposer employed by the City; fires; floods; labor disputes; epidemics; or acts of God.

All time limits stated in the Contract Documents are of the essence to the Contract. The stated time limits are agreed to be adequate to complete the work, including the procurement, manufacture and delivery of all material and equipment required, and account for any and all potential impact, delays, disruptions and costs that may be expected.

CITY’S RIGHT TO DIRECT PURCHASE

The City has reserved the right to purchase certain items and materials for this project directly in an effort to save applicable sales tax in compliance with Florida Law.

The City will issue purchase orders directly to the vendors supplying the equipment being directly purchased by the City for this project. Each Purchase Order will be accompanied by the City's Certificate of Exemption and a Certificate of Entitlement. All direct purchase vendor invoices will be issued to the City of St. Pete Beach and the City will issue payment to each direct purchase vendor from City funds. The City will take title to the equipment at time of delivery from the vendor and will issue a separate Certificate of Entitlement for each purchase order.

The Proposer shall assist the City with receipt of materials furnished by the City in accordance with these Special Provisions including, but not limited to, verifying correct quantities, verifying documents of orders in a timely manner, providing and obtaining all warranties and guarantees required by the Contract Documents, assist with inspection of the goods at the time of delivery and notify the City immediately of any deficiencies noted. It is understood that the owner assumes the risk of damage or loss during the time that the building materials are physically stored at the job site prior to their installation or incorporation into the project. The Proposer shall coordinate with the City regarding the delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by the Proposer for the particular material furnished.

As City Furnished Materials are delivered to the job site and accepted by the City, the City shall notify the Proposer who will assist the City to visually inspect all shipments from the suppliers. The City will approve the vendor's invoice for material delivered upon adequate inspection and recommendation of the Proposer.

The City shall assure that each delivery of City Furnished Materials is accompanied by documentation adequate to identify the Purchase Order against which the purchase is made and Contract Documents including but not limited to Contract, Plans, Specifications, and approved Shop Drawings. This documentation may consist of a delivery ticket, bill of lading and an invoice from the supplier conforming to the Purchase Order together with such additional information as the City may deem necessary.

PAYMENTS FOR WORK COMPLETED

Partial payments will be made as the work progresses at the end of each calendar month, or as soon thereafter as practicable on estimates made by the City Manager or designee and as approved by the City, provided that the Proposer is performing the overall job in a diligent manner. In making partial payments, there shall be retained five percent (5%) on the amount of each estimate until final completion and acceptance of all work covered by the Contract. Upon completion and acceptance of the work, the City Manager or designee shall issue a certificate that the work has been completed and accepted by them under the conditions of the Contract and shall make and approve the final estimate of the work. The entire balance found to be due the Proposer, including that retained by the City, should be paid to the Proposer. Such payment shall be conditioned, however, upon the submission by the Proposer of evidence satisfactory to the City that all claims for labor, material, and any other outstanding indebtedness in connection with the Contract have been paid. Such payment shall also be conditioned upon approval and acceptance of the construction and improvements by the City.

If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Proposer and the City Manager or designee so certifies, the City shall upon the Certificate of the City Manager or designee, and without terminating the Contract make payment for the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claim. If such delay occurs and payment is made under this clause, the Proposer shall nevertheless be prepared to complete the work in a timely manner upon the remedy or removal of such delay, and shall be bound under this Contract for the completion of such work unless this Contract is otherwise terminated. All payments will be made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes.

PAYMENTS WITHHELD

The City Manager or designee may withhold, or, on account of subsequently discovered evidence, nullify the whole or part of any estimate to such extent as may be necessary to protect the City from loss on account of:

a) Defective work not remedied

b) Claims and/or liens filed or reasonable evidence indicating probable filing of claims

c) Failure of the Proposer to make payments properly to Subcontractors or for material or labor

d) A reasonable doubt that the Contract can be completed for the balance then unpaid

e) Damage to another Proposer

f) Failure of the Proposer to keep their work progressing in accordance with their time schedule

FINAL PAYMENTS

Upon the completion and acceptance of the work, the City Manager or designee shall issue a certificate that designates that the whole work provided for in this Contract has been completed and accepted by him under the conditions and the terms thereof and shall make the final estimate of the work. After issuance of the certificate, the entire balance found to be due the Proposer, including said retained percentage by the City in accordance with existing state laws as may be retained lawfully by said City, shall pay excepting such sums to the Proposer.

Before the approval of the final payment, the Proposer shall submit evidence satisfactory to the City that states that all payrolls, materials, bills and outstanding indebtedness in connection with this Contract have been paid.

LIENS

If at any time there shall be evidence of any lien or claim for which the City might become liable and which is chargeable to the Proposer, the City shall have the right to retain out of any payment then due or thereafter to become due, an amount sufficient for complete indemnification against such lien or claim. In the event the City has already paid to the Proposer all sums due under this contract or the balance remaining unpaid is insufficient to protect the City, the Proposer and his Surety shall be liable to the City for any loss so sustained.

RESPONSIBILITY OF THE CITY MANAGER OR DESIGNEE

The term “City Manager or designee” wherever used in the Contract shall be the City of St. Pete Beach or its duly authorized representative. Notices of any change in the City Manager or designee shall be given in writing by the City to the Proposer. The City Manager or designee shall have full authority to interpret the Plans and Specifications and shall determine the amount, quality, and acceptance of the work and supplies to be paid for under the Contract and every question relative to the fulfillment of the terms and provisions therein. It shall be the duty of the City Manager or designee to enforce the Plans and Specifications in a fair and unbiased manner.