2-RFQ Package 250012-S-JL.pdf

Rev 01/24 RFQ No. 260012-S-JL

CITY OF TARPON SPRINGS, FLORIDA

REQUEST FOR QUALIFICATIONS

UTILITIES ENGINEER CONTINUING SERVICES

ISSUE DATE: October 5, 2025

RESPONSES DUE: November 4, 2025 3:00 P.M. (Local Time)

SUBMIT TO: Electronic Responses:

https://ctsfl.bonfirehub.com/portal/ ?tab=openOpportunities for City of Tarpon Springs

Procurement Services Department 324 E. Pine St Tarpon Springs, Florida 34689

Janina Lewis, CPPO, NIGP-CPP Procurement Services Director https://ctsfl.bonfirehub.com/portal/?tab=openOpportunities https://ctsfl.bonfirehub.com/portal/?tab=openOpportunities

ACKNOWLEDGEMENT FORM

SUBMIT RESPONSES ELECTRONICALLY VIA BONFIRE

TO: PROCUREMENT SERVICES DEPARTMENT

MAILING ADDRESS: P.O. BOX 5004

TARPON SPRINGS, FL 34688-5004

TAX NUMBER: 85-8012621696C-2

NUMBER OF COPIES REQUIRED: One (1) electronic proposal. Proposers shall submit their responses electronically via Bonfire.

SUBMITTALS WILL BE OPENED:

NOVEMBER 4, 2025 @ 3:00 p.m.

Via Teams Calendar Invite – To be posted on Bonfire

DEADLINE FOR WRITTEN QUESTIONS: October 21, 2025@ 5:00 p.m. Questions regarding this RFQ should be directed to Janina Lewis, Procurement Services Director, at jlewis@ctsfl.us.

SUBMITTALS MAY NOT BE WITHDRAWN FOR 90 DAYS AFTER SUCH DATE &

TIME.

OFFEROR NAME: _______________________________________________________

OFFEROR MAILING ADDRESS: ___________________________________________

CITY-STATE-ZIP: ______________________________________________________

TELEPHONE NUMBER: _________________________________________________

AUTHORIZED SIGNATURE: _____________________________________________

SIGNATORY’S NAME: __________________________________________________

SIGNATORY’S TITLE: ___________________________________________________

mailto:jlewis@ctsfl.us

ADDENDA FORM

The City of Tarpon Springs intends to award a single contract or may award multiple contracts to a qualified firm(s) in accordance with the Scope of Services and all other requirements of the RFQ documents.

ADDENDA: The undersigned acknowledges receipt of the following addenda to the documents:

Addendum No._____________________ Dated______________

Addendum No._____________________ Dated______________

Addendum No._____________________ Dated______________

FAILURE TO ACKNOWLEDGE RECEIPT OF ANY/ALL ADDENDA MAY

CAUSE THE SUBMITTAL TO BE CONSIDERED NON-RESPONSIVE TO THE

SOLICITATION. ACKNOWLEDGED RECEIPT OF EACH ADDENDUM MUST

BE CLEARLY ESTABLISHED AND INCLUDED WITH THE OFFER.

Exceptions: Have you taken any exceptions to the specifications? YES OR NO. If YES, indicate them on a separate sheet marked EXCEPTIONS TO SPECIFICATIONS.

This submittal must be signed by a person authorized to act for the company in their own name. UNSIGNED SUBMITTAL will be cause for rejection.

Company_______________________________________________________________

Address________________________________________________________________

City________________________________ State _____ Zip Code__________________

Telephone______________________________ Fax_____________________________

Signature_________________________________________ Date _________________

Signatory’s Name & Title __________________________________________________

EXCEPTIONS TO SCOPE OF SERVICES

Section / Paragraph No. Description

Utilities Engineer Continuing Services

The City of Tarpon Springs desires to engage licensed professional engineering firm(s) to perform utilities engineering services. The City may award a single contract or may award multiple contracts to a qualified firm(s) in accordance with the Scope of Services and all other requirements of the RFQ documents.

The selected firms shall have specific expertise in design, construction, and operation of potable water systems, wastewater systems, reclaimed water systems, and related fields. The selected firm should have extensive knowledge and experience in the area of sanitary sewer collection, transmission and biological treatment; reverse osmosis potable water treatment and distribution systems; reclaimed water transmission and distribution systems; and hydrogeological systems with qualified experienced staff in these areas. The selected firms shall also have experience in the various technical disciplines involved in the operation and improvement of utilities infrastructure and facilities, including but not limited to power systems (including renewable energy and energy efficiency), controls, mechanical, chemical, drainage, environmental, and civil engineering related fields.

SCOPE OF SERVICES

1. PROJECT INFORMATION

The City is seeking professional engineering services for the following project areas:

Capital Improvement Project Services – Services required in support of specific projects including but not limited to those listed in the City’s Capital Improvement Program will be defined in the form of Task Work Orders, including but not limited to those outlined in the RFQ. Services may include design, permitting, survey, geotechnical, public relations, engineering services during construction and other tasks related to capital improvement projects. Services may also require ancillary but project-critical design work such as roadway and drainage design (for example) to support utility infrastructure projects.

1.2. General Operations Services – Services may be requested from the engineer on an ongoing basis to assist and support the City in its daily utility operations. The City’s designated Project Manager will provide written or verbal directions with regard to the nature of the services and any limitations regarding schedule, level of effort, or any budget constraints. Services may include consultation on treatment methodologies, review of operation and maintenance practices, operating permit renewals, professional representation with regulatory agencies, and other tasks related to supporting the City’s utility operations.

The following is a list of potential general types of tasks associated with this scope of services. The required services include but are not limited to the following:

General Utilities Tasks:

• Design of treatment process modifications and/or upgrades

• Permitting assistance

• Bidding and contract administration assistance

• Feasibility investigation and evaluation, design criteria development and project delivery methods selection, design, and services during construction for capital improvement projects

• Professional engineering services for repairs or response to emergency conditions

• Operation and maintenance performance evaluation and protocol development/ recommendation

• Sustainability/resiliency evaluation for current operations or proposed projects.

• General assistance for utilities management in planning and developing Capital Improvement Projects and other related utility services

• Attend, prepare, or make presentations to the CITY Board of Commissioners.

• Attendance at any internal, public, or Board of Commissioner’s (BOC) meeting as requested by the CITY

• Program management activities for utilities projects identifying the feasibility, estimated cost of construction, environmental impact, regulatory compliance and general guidance as related to the utility.

• Provide technical review of developer submittals in coordination with the City’s Technical Review Committee (TRC) for utility system connections

• Use of hydraulic modeling for new or existing utility systems (Potable Water and Sanitary Sewer).

• Preparation, review or update of GIS files or maps for additional attribute development

• Assistance with CIP document development, project prioritization, and project administration

• Provide utility operations technical assistance

• Provide conceptual level cost estimates for projects

• Provide assistance with City ordinance development related to utilities.

• Assistance with public relations as required by utility projects

• Assist with Technical Review Committee (TRC) projects related to utilities.

Potable Water Tasks:

• Provide technical assistance or design for the reverse osmosis water treatment facility

• Provide technical assistance or design for potable water distribution/transmission system

• Provide technical assistance or design for energy efficiency improvements including alternative energy (i.e. solar power) enhancements at the facility

• Provide hydraulic modeling of the distribution network

• Provide technical assistance or design for potable wells including hydrogeological analysis

• Evaluate distribution system to identify future CIP projects

• Assistance with the 5-year Potable water storage tanks and chemical storage tank inspection/reporting

Wastewater Treatment Tasks:

• Provide technical assistance or design for wastewater treatment facilities including the BNR (5-stage Bardenpho) process

• Provide technical assistance or design for biosolids handling and disposal

• Provide technical assistance or design for energy efficiency improvements including alternative energy (i.e. solar power) enhancements at the facility

• Provide technical assistance or design for reclaimed water systems and effluent disposal

• Provide capacity analysis of collection transmission components and wastewater treatment facility

Sanitary Sewer Tasks:

• Provide technical assistance or design for City lift stations

• Provide technical assistance or design for gravity, vacuum and low-pressure transmission systems

• Provide technical assistance or design for issues related to infiltration and inflow in the collection system.

• Provide technical assistance with the City’s Industrial Pretreatment

Program

• Provide technical assistance with the USEPA Management, Operation, and Maintenance (MOM) program

• Provide technical assistance or design for energy efficiency improvements including alternative energy (i.e. solar power) enhancements

• Provide guidance on cost efficient trenchless repair methods

• Identification of future septic to sewer conversion

Reclaimed Water Tasks:

• Provide technical assistance or design for reclaimed distribution system expansion

• Provide technical assistance or design for reclaimed water storage facilities

• Provide technical assistance or design for pumping systems design/pump selection

• Provide technical assistance or design for transmission and distribution systems including new and existing development

• Provide technical assistance or design for energy efficiency improvements including alternative energy (i.e. solar power) enhancements

• Annual regulatory reporting as needed

Groundwater Tasks:

• Provide data evaluation for annual landfill groundwater sampling and reporting

• Provide technical services related to wetland assessments

• Annual well field regulatory reporting

• DIW regulatory reporting and data collection

2. QUALIFICATIONS

Firms interested in providing the required services must submit a Statement of Qualifications containing tabbed sections for the elements identified in the evaluation criteria.

3. TENTATIVE SCHEDULE

The following projected timeline should be used for planning purposes only. The City reserves the right to adject this timeline as required.

Procurement Event Tentative Date RFQ Advertised October 5, 2025 Last Day for Questions October 21, 2025 Submissions Due November 4, 2025 Evaluation Committee Meeting December 2, 2025 Presentations (if applicable) TBD Notice of Recommendation TBD Tentative award of negotiated contract by Board

January 13, 2026

SPECIAL CONDITIONS

1. PURPOSE

The purpose of this competitive process is to ensure City of Tarpon Springs compliance with Section 287.055 Florida Statutes known as the “Consultants’ Competitive Negotiation Act” (CCNA). The CCNA establishes contracting procedures by which cities must select architects, professional engineers, landscape architects, and surveyors and mappers (“Professional Services”). The CCNA process allows professional firms to be chosen on quality of personnel, minority business enterprise consideration, past performance, willingness to meet time and budget requirements, location, workload, and volume of work previously awarded to each Professional Firm by the City.

2. PERIOD OF CONTRACT

Services performed pursuant to this contract commenced upon execution of the agreement for a five (5) year period, with no renewal options. The contract may be cancelled without penalty in accordance with Section IX of this Services Agreement.

3. CRITERIA FOR EVALUATION AND AWARD

The City evaluates three (3) categories of information: responsiveness, responsibility, and technical response. All responses must meet the following 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 proposer’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.

3.1. A selection committee made up of no less than three (3) members will evaluate, score, and rank the responses relative to their qualifications, approach, and ability to provide services to best serve the needs of the City.

3.2. The following is the criteria that will be used by the City to evaluate and score responsive and qualified written proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score their proposals.

Evaluation Criteria Maximum Points Available Ability of Firm and its Professional Personnel 35 Firms Experience with Projects of a Similar Size and Type

Firms Willingness and Ability to meet Schedule and Budget Requirement

Firms Recent, Current, and Projected Workload 10 Volume of Work Recently Awarded by City 5 Minority Business Status 5 Effect of Project Team Location 10 Total Point Possible 100

3.3. A minimum of three (3) highest ranked firms (if at least three firms submitted) shall be shortlisted and (if applicable in determining final rankings) invited to an oral presentation. If interviews are conducted, the scores from the short-listed firms are not carried forward. Final ranking recommendation is based on scores obtained during the oral presentation process.

3.4. After the ranking is completed, the City will attempt to negotiate an Agreement with the top ranked firm, which will be in the best interest of the City. If no Agreement is reached with the top ranked prospective firm, negotiations will be terminated with that firm and initiated with the second ranked prospective firm, and so on until an Agreement is reached. In the event that multiple firms are selected for award, negotiations will begin with firms recommended for award, if no agreement is reached negotiations will be terminated with those firms and initiated with the next ranked prospective firm, and so on until an Agreement is reached.

A. ABILITY OF FIRM AND ITS PROFESSIONAL PERSONNEL

Maximum Points – 35 Responses limited to 2 pages maximum, single sided, for narrative, plus organizational charts, plus resumes of key personnel (limit two pages, single sided, per person).

i) Attach resumes only for key personnel of the Project Team, detailing past experience as it relates to projects of a similar size and type (in addition to the SF330 Part II).

ii) Submit organizational chart delineating personnel assigned to both design services and anticipated construction services.

B. FIRMS EXPERIENCE WITH PROJECTS OF A SIMILAR SIZE AND TYPE

Maximum Points – 25 Responses must have only one (1) project per page, single sided. 10 pages maximum.

i) List a maximum of ten (10) recent projects, preferably during the past 5

(five) years, to indicate proficiency in similar work.

ii) The firm’s or team members’ actual role in those listed projects must be documented (in addition to the SF330 Part II).

C. FIRMS WILLINGNESS AND ABILITY TO MEET SCHEDULE AND BUDGET

REQUIREMENTS

Maximum Points – 10 Responses limited to three (3) pages, single sided, maximum

i) Provide a short narrative outlining how you propose to manage the contract and personnel tasks in order to meet schedule and budget requirements.

ii) Indicate the software systems/controls to be utilized to maintain both schedule and budget for this project.

iii) Describe how personnel will be assigned, and tasks effectively handled, in order to provide the most efficient service on the project during both the design and the construction phases of the project (if applicable).

iv) Provide a sample graphical schedule containing tasks and task durations for the design phase.

D. FIRMS RECENT, CURRENT AND PROJECTED WORKLOAD

Maximum Points – 10 Responses limited to 3 pages, single sided, maximum

i) Describe the current workload and your daily ability to handle scope of services.

ii) Provide a graphic representation, one (1) page, single sided, maximum, of your current commitment over the next one (1) year period for key members of the project team.

iii) Specify the members of the project team and office location for each.

E. VOLUME OF WORK PREVIOUSLY AWARDED BY THE CITY

Maximum Points – 5 – Nothing to submit by Proposer Prepopulated by Procurement Services, the purpose of this criterion is to affect an equitable distribution of contracts. This criterion is evaluated based on contract value awarded to a firm during the two (2) previous completed fiscal years. The points are worth 5 percent of the overall points available and are distributed as follows:

$0 - $200,000 – five (5%) percent of points available $200,001 - $400,000 – four (4%) percent of points available $400,001 - $600,000 – three (3%) percent of points available $600,001 - $800,000 – two (2%) percent of points available $800,001 - $1,000,000 – one (1%) percent of points available Over $1,000,000 – zero (0%) percent of points available

Based on a typical 100-point evaluation scoring process, a firm deemed to be in the $0 - $200,000 category threshold would be allotted 5 points etc.

F. MINORITY BUSINESS STATUS

Maximum Points – 5

Provides points pre-populated by Procurement Services for minority business status as designated by the State of Florida. If the Primary Firm/Contractor is designated as a minority business by the State of Florida, five (5%) percent of the total evaluation points are awarded. If the firm does not have minority business status, zero (0%) percent of the points available are awarded.

G. PROJECT TEAM LOCATION

Maximum Points – 10 – Scored by Evaluation Chairperson Response Limited to 3 pages, single sided, maximum.

i) Define where the elements of the work will be performed (City/state), whether performed by prime or subconsultant firms.

ii) Specify who in the Proposer’s organizational chart will oversee the elements of the work.

iii) Specify the members of the project team and office location for each.

iv) A firm shall be considered local if it is within the Tampa Bay Regional

Partnership area, made up of Hillsborough, Pinellas, Pasco, Polk, Manatee, Sarasota, and Hernando Counties.

3.5. In order to ensure fair evaluation of submittals, ex parte communication initiated by a proposer is prohibited from the time the responses are opened until a final decision has been made. No proposer may initiate communication with any City Commissioner or any City official, staff, or employee who is participating in the evaluation process. Any and all communication initiated by a proposer after the submittals are opened must be in writing to:

Janina Lewis, CPPO, NIGP-CPP Procurement Services Director

City of Tarpon Springs PO Box 5004

Tarpon Springs, FL 34688-5004 jlewis@ctsfl.us

3.6. The Evaluation Committee may, however, initiate communication with any proposer in order to obtain additional information or clarification necessary for fair evaluation of their submittal. Ex parte communication initiated by a proposer may disqualify that firm from consideration for this or future Requests for Qualifications.

4. SUBMITTAL CONTENT REQUIREMENTS

The following paragraphs detail the instructions and order to be followed in preparing a response to this RFQ. The City of Tarpon Springs reserves the right to reject any submittal as non-responsive if the submittal fails to include any of the required information in the specified order. Each part of the submittal should be clearly labeled and tabbed for easy reference. The submittal shall be submitted in an 8 ½" by 11" format minimum font 10 pt. with all sections tabbed as necessary.

A. Cover Letter (one page, single sided, maximum)

1. A cover letter transmitting the qualifications must be submitted and dated.

The letter must indicate that the CONSULTANT agrees to be bound by the submittal without modifications, unless mutually agreed to upon further negotiations between the City of Tarpon Springs and the

CONSULTANT.

2. The cover letter shall also contain the name, title, address, and telephone number(s) of an individual(s) with authority to bind the firm during the period in which the CITY is evaluating the submittals. The cover letter shall also identify the legal form of the firm. If the firm is a corporation, the cover letter shall identify in which state the company was incorporated. If a consortium, joint venture, or team approach is being proposed, provide the above information for all participating firms.

3. The cover letter shall be signed by a principal of the firm or other person fully authorized to act on behalf of the firm or team.

B. Table of Contents The Table of Contents should identify locations of all sections in the submittal.

mailto:jlewis@ctsfl.us

C. Submittal Information 1 Ability of the Firm’s Professional Personnel

2. Firm’s Experience with Projects of a Similar Size and Type

3. Firm’s Ability to Meet Schedule and Budget Requirements.

4. Firm’s Recent, Current and Projected Workload

5. Firms Minority Business Status

6. Effect of Project Team Location

D. Contract Exhibits In order for a submittal to be considered responsive for further consideration, all forms must be fully completed.

INCLUDE SF 330 (PART II) IN THIS SECTION.

GENERAL CONDITIONS

1. SEALED SUBMITTAL

Proposers are required to submit their submittal in conjunction with the following expressed conditions:

A. The Original Acknowledgement Form must be executed and submitted in accordance with the instructions given on the Acknowledgement Form and in the Special Conditions. All submittals are subject to the conditions specified herein.

Those which do not comply with these conditions are subject to rejection.

B. Any contract resulting from this solicitation shall include the following, which are incorporated herein:

Scope of Services, Special Conditions, General Conditions, and applicable conditions of the Request for Qualifications, the proposer’s submittal, Exceptions to Specifications (if applicable), Addenda (if issued), Vendor References, Public Entity Crimes Statement, Scrutinized Companies Certification, and Drug Free Workplace Form.

C. Proposers shall thoroughly read and examine all RFQ documents. As RFQ documents frequently change for each solicitation, proposers should not assume that this solicitation contains the same terms and conditions that were supplied in prior solicitations. The City is not obligated to identify any modifications to RFQ documents.

D. Proposers are advised that all City solicitations and contracts applicable are subject to all legal requirements contained in the City’s Ordinances and State and Federal law. When conflicts between this solicitation and these legal authorities occur, the higher authority shall prevail.

2. EXECUTION OF SUBMITTAL

Submittal must contain a manual signature of authorized representative. Submittal must be typed or printed in ink.

3. SUBMITTAL OPENING

Opening of the sealed submittals shall be public on the date, location, and the time specified on the ACKNOWLEDGEMENT FORM. It is the proposer’s responsibility to assure that their submittal is delivered at the proper time and place of the submittal opening. Submittals which for any reason are not so delivered will not be considered.

Offers by telegram or telephone are not acceptable. A submittal may not be altered after opening of the submittals.

4. MISTAKES

Due care and diligence have been used in preparing these specifications and related information. However, no warranties are made as to the accuracy and completeness of the required information. It is the responsibility of the proposer to ensure that they have all the information necessary to affect their submittal. The City will not be responsible for the failure on the part of the proposer to determine the full extent of the risk exposure and scope of work required to effectively perform under contract. Proposers are expected to examine the conditions, scope of work, Special Conditions, and all instructions pertaining to services involved. Failure to do so will be at the proposer's risk.

5. INTERPRETATIONS/DISPUTES

Any questions concerning conditions and specifications shall be directed in writing to this office for receipt no later than the date specified on the ACKNOWLEDGEMENT FORM.

Inquiries must reference the date of the submittal opening and RFQ number. No interpretation shall be considered binding unless provided in writing by City in response to requests in full compliance with this provision.

6. COMPETITIVE OFFER

Pursuant to the provisions of State and Federal antitrust laws and under the penalty of perjury, the signatory of any submittal in response to this RFQ certifies that their submittal has not been formulated collusively and is not otherwise in violation of said laws.

7. QUALIFICATIONS FOR AWARD

Award of this contract shall be made to the proposer who is responsive in all respects to these procurement requirements, where the proposer is determined to be a responsible proposer, which determination shall be made solely at the discretion of the City.

8. THE PROPOSER AFFIRMS AND DECLARES

• That the firm is licensed to do business within the State of Florida and will secure a City of Tarpon Springs Occupational License, if required, prior to the start of work.

• That the firm has the capability to assure completion of the required services within the time specified under this contract.

• That the firm presently has necessary facilities, financial resources, and licenses to complete the contract in a satisfactory manner and within the required time.

• That no other person, firm, or corporation has any interest in this submittal or the resultant contract.

• That the proposer is not in arrears to the City upon debt or contract and is not defaulting.

• That no officer or employee or person whose salary or compensation for services is payable in whole or in part from the City is or shall be or become interested directly or indirectly in this submittal or in the award or performance of the contract for supplying of aforesaid and other related items, or in any portion of the profits or price there from.

9. AWARDS

The contract will be awarded, if at all, with reasonable promptness by written notice to the best submittal(s) that conforms to the specifications and instructions to proposers and will be most advantageous to the City.

No proposer may withdraw his submittal after the scheduled closing time for receipt of submittals. All submittals must be firm for a period of ninety (90) days, after the time set for opening of submittals.

The City reserves the right to reject any or all submittals, to waive irregularities in the submittals, or to accept the submittal which best serves the interest of the City of Tarpon Springs.

10. GOVERNMENTAL RESTRICTIONS

In the event any governmental restrictions may be imposed which would necessitate alteration of the services offered in this submittal prior to their beginning of work, it shall be the responsibility of the successful proposer to notify the Procuring Agency at once, indicating in his letter the specific regulation which required an alteration. City reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no expense to City.

11. AVAILABILITY OF FUNDS

The obligations of the City of Tarpon Springs under this award are subject to the availability of funds lawfully appropriated by the Board of Commissioners.

12. ADDITIONAL SERVICES

For the duration of the contract period, the right is reserved to acquire additional services outside the scope of the contract at a mutually agreed upon price. If additional services are not acceptable, please note in the submittal.

13. ADVERTISING

In submitting a response to this solicitation, proposer agrees not to use the results as a part of any advertising.

14. ASSIGNMENT

Any contract or purchase order issued pursuant to this Request for Qualifications and the monies which may become due hereunder are not assignable except with the prior written approval of the City.

15. EXCESS REPROCUREMENT LIABILITY

The CONSULTANT shall be liable to City for all expenses incurred by City in re-procuring elsewhere the same or similar services offered by the CONSULTANT hereunder, should the CONSULTANT fail to perform. Such re-procurement expense obligation by CONSULTANT shall be limited to the excess over the agreed upon price.

16. TERMINATION

City may terminate this contract in whole or in part with or without cause upon thirty (30) days written notice to the CONSULTANT. Unless the CONSULTANT is in breach of the Contract, the CONSULTANT shall be paid for services rendered to the City’s satisfaction through the date of termination.

17. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS

Submittals shall comply with all local, state, and federal directives, orders, and laws as applicable to this RFQ and subsequent contracts.

18. PROTEST

Protest or any objection to the procedures followed by the City of Tarpon Springs with regard to this RFQ or the award thereof must be in strict agreement with Resolution 2008-15, a copy of which may be obtained at Procurement Services upon request.

19. ATTORNEY'S FEES

In any civil, administrative, bankruptcy, or other proceeding concerning the interpretation, performance or enforcement of this Agreement, each Party shall pay all of their own costs, attorneys’ fees and expenses, including all costs, fees, and expenses incurred in any administrative hearing, trial, appeal, and mediation. Each Party hereby waives any award of attorney fees it might otherwise recover as the prevailing Party in such proceedings.

20. WAIVER OF BREACH

No waiver of any breach of this agreement shall be held to be a waiver of any subsequent breach of this agreement.

21. ENTIRE AGREEMENT

This agreement contains the entire understanding of the parties and supersedes all previous verbal and written agreements; there are no other agreements, representations or Warranties not set forth herein. In the event any portion of this agreement shall be declared by any court of competent jurisdiction to be invalid or unenforceable, the parties agree that such invalid or unenforceable portion shall be severable, and the contract shall be treated as though that portion had never been part of this agreement.

22. NOTICES

Any notice required or permitted to be given under this agreement shall be sufficient if in writing and sent by Certified Return Receipt Requested Mail to the CONSULTANT and City at their respective addresses.

23. HOLD HARMLESS

The CONSULTANT agrees to indemnify, hold harmless, and defend City of, from, and against all liability and expense, including reasonable attorney's fees, in connection with any and all claims whatsoever for personal injuries or property damage caused by the negligent or deliberate act or omission of the CONSULTANT, its agents, officers, employees, and all other persons as a result of the performance of the services.

This includes claims made by the employees of the CONSULTANT against the Procuring Agency and CONSULTANT hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. This shall not be construed in any way as a waiving of any immunity the City may have under the Doctrine of Sovereign Immunity or of 768.28, Florida Statutes.

24. COMPLIANCE WITH LABOR AND IMMIGRATION LAWS

The Contractor shall comply with all Applicable Laws concerning the protection and rights of employees, including but not limited to equal employment opportunity laws, minimum wage laws, immigration laws, the Americans with Disabilities Act, and the Fair Labor Standards Act.

Immigration Compliance: E-Verify. Contractor acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986, U.S.C.

§ 1324, et seq., and regulations relating thereto. Failure to comply with the above statutory provisions shall be considered a material breach and shall be grounds for immediate termination of this Agreement. The Contractor’s employment of unauthorized aliens is a violation of § 274(e) of the Federal Immigration and Employment Act. The Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of this Agreement and shall require the same verification procedure of any Subcontractors authorized by the City. Pursuant to Florida Statutes § 448.095(2), beginning January 1st, 2021, Contractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. Contractor’s contract with the City cannot be renewed unless, at the time of renewal, Contractor certifies in writing to the City that it has registered with and uses the E-Verify system. If Contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien and Contractor shall maintain a copy of such affidavit for the duration of the contract. If Contractor develops a good faith belief that any subcontractor with which it is contracting has knowingly violated Florida Statutes § 448.09(1) (making it unlawful for any person knowingly to employ, hire, recruit, or refer, either for herself or himself or on behalf of another, for private or public employment within the state, an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States) Contractor shall terminate the contract with the subcontractor. If the City develops a good faith belief that Contractor has knowingly violated Florida Statutes § 448.09(1) (making it unlawful for any person knowingly to employ, hire, recruit, or refer, either for herself or himself or on behalf of another, for private or public employment within the state, an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States) City shall terminate this contract. Pursuant to Florida Statutes § 448.095(2)(c)(3), termination under the above circumstances is not a breach of contract and may not be considered as such.

24. Prohibition Against Considering Social, Political or Ideological Interests in Government Contracting -- F.S. 287.05701: Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests.

25. SECTION 287.135 (CURRENT EDITION), FLORIDA STATUTES, prohibits agencies from contracting with companies for goods or services of $1,000,000.00 or more that are on either the Scrutinized Companies with Activities in Sudan list, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector lists which are created pursuant to s. 25.473 Florida Statute (Current Edition), or the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 Florida Statute (Current Edition), or companies that are engaged in a boycott of Israel or companies engaged in business operations in Cuba or Syria.

ANY AND ALL SPECIAL CONDITIONS AND SERVICES ATTACHED HERETO WHICH

VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE.

MINIMUM INSURANCE REQUIREMENTS

A. Prior to the time the engineering consultant is entitled to commence any part of the project, work, or services under this contract, the engineering consultant shall procure, pay for, and maintain at least the following insurance coverages and limits.

Said insurance shall be evidenced by delivery to Procurement Services of a Certificate of Insurance executed on a standard ACORD form, listing coverages and limits, expiration dates and terms of policies, and all endorsements whether or not required by the City. The insurance requirements shall remain in effect throughout the term of this Contract.

1. Worker's Compensation limits as required by law; Employers' Liability Insurance of not less than $1,000,000 for each accident.

2. Comprehensive General Liability Insurance including, but not limited to, Independent Contractor, Premises/Operations, and Personal Injury covering the liability assumed under indemnification provisions, with limits of liability for personal injury and/or bodily injury, including death, of not less than $1,000,000, each occurrence; and property damage of not less than $200,000 each occurrence. (Combined Single Limits of not less than $1,000,000, each occurrence will be acceptable unless otherwise stated). Coverage shall be on an occurrence basis, and the policy shall include Broad Form Property Damage coverage, and Fire Legal Liability of not less than $50,000 per occurrence, unless otherwise stated by exception herein.

3. Comprehensive Automobile and Truck liability covering owned, hired, and non-owned vehicles with minimum limits of $1,000,000 each occurrence, and property damage of not less than $100,000 each occurrence. (Combined Single Limits of not less than $500,000, each occurrence, will be acceptable unless otherwise stated). Coverage shall be on an "occurrence basis”, such insurance to include coverage for loading and unloading hazards.

4. $500,000 combined single limits, personal injury and/or bodily injury, including death, and property damage liability bodily injury, including death, and property damage liability insurance as an excess of the primary coverage required above.

5. Professional liability (errors and omissions) insurance with a limit of not less than

$1,000,000 per occurrence

6. CYBER LIABILITY INSURANCE (As Applicable)

CYBER LIABILITY TECHNOLOGY: including Errors and Omissions with minimum limits of $3,000,000.00 per occurrence, prior to performing services, Contractor will provide to the owner a certificate of insurance including Cyber Security Insurance Coverage in the event of data breach. Failure to provide said certificate or failure to maintain said Cyber Security Insurance during Agreement’s term shall constitute a material breach of the Agreement.

DATA SECURITY: The parties agree to abide by and maintain adequate security measures, consistent with industry standards and best practices to protect Confidential Electronic data from unauthorize disclosure or acquisition by an unauthorized person. These measures shall include, but are not limited to:

1. Data Encryption both at rest and in transit.

2. Strong Authentication and Appropriate Access Control for any data shares.

3. Data Classification clearly labeling the sensitivity of shared information defined as classified or sensitive.

B. Each Insurance Policy shall include the following conditions by endorsement to the policy:

1. Each policy shall require that thirty (30) days prior to expiration, cancellation, non-renewal, or any material change in coverages or limits, a notice thereof shall be given to the City by certified mail to: City of Tarpon Springs, Procurement Services, P.O. Box 5004, Tarpon Springs, Florida, 34688-5004. The engineering consultant shall also notify City, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage received by said Consultant from its insurer; and nothing contained herein shall absolve the Consultant of this requirement to provide notice.

2. Companies issuing the insurance policy, or policies, shall have no recourse against City for payment of premiums or assessments for any deductibles which all are at the sole assessments for any deductibles which all are at the sole responsibility and risk of the engineering consultant.

3. The term "CITY" shall include all Authorities, Boards, Commissions, Divisions, Departments, and offices of City and individual members, employees thereof in their official capacities, and/or while acting on behalf of the City.

4. City of Tarpon Springs shall be endorsed with the required policy or policies as an additional insured.

5. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City to any such future coverage, or to City's Self-Insured Retentions of whatever nature.

Public Entity Crimes Statement

SWORN STATEMENT PURSUANT TO

SECTION 287.133(3)(a), FLORIDA STATUTES

ON PUBLIC ENTITY CRIMES

1. This sworn statement is submitted to

(print name of the public entity) By __________________________________________________________________________

(print individual’s name and title) For___________________________________________________________________________

(print name of entity submitting sworn statement) whose business address is: ____________________________________________ and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:

2. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida

Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, robbery, collusion, racketeering, conspiracy, or material misrepresentation.

3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.

4. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means:

a. A predecessor or successor of a person convicted of a public entity crime; or

b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

5. I understand that a “person” as defined in paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term

“person” includes those officer, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

6. Based on information and belief, the statement in which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies).

Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order).

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING

OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS

FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH

DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND

THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A

CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION

287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE

INFORMATION CONTAINED IN THIS FORM.

(Corporate Seal) ______________________________

Authorized Representative-Sign in Ink

Authorized Signature (typed) Title

Company Name Mailing Address City, State, Zip (Area Code) Telephone Number

SUBSCRIBED AND SWORN BEFORE ME AT:

THIS DAY OF 202 __.

NOTARY PUBLIC

MY COMMISSION EXPIRES:

DRUG FREE WORKPLACE FORM

PREFERENCES TO BUSINESSES WITH DRUG-FREE WORKPLACE PROGRAMS

UNDER SECTION 287.087, FLORIDA STATUTES.

1. This statement is submitted with the attached Bid.

2. Preference shall be given to businesses with drug-free workplace programs.

Whenever two or more bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that is has implemented a drug-free workplace program shall be given preference in the award process.

Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall:

a. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for specifying the actions that will be taken against employees for violations of such prohibition.

b. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

c. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (A).

d. In the statement specified in subsection (A), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, violation of Chapter 893 or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five…