December 29, 2025 Addendum No.3

Project: Columbia Avenue Complete Street Bid No: RFQ2026-004

TO ALL PROPOSERS:

The following items are clarifications, corrections, additions, deletions and / or revisions, which shall take precedence over the original documents.

Question 1. As currently worded, we believe that the indemnity provisions in Section

4.5.6 located on page 14, Section 6.1 located on page 55 and 56, and Section 9.7 included on page 60 of your RFQ is not in compliance with FL Statute 725.08 and is unenforceable. Would the City consider rewording same to conform with the statute? Suggested language per FL Statutes 725.08: “The design professional shall indemnify and hold harmless the City, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract.”

Answer: The agreement provided in the RFQ is a draft/sample agreement and not final.

It is to be reviewed and relined by both parties’ legal team once a firm is selected.

Questionn 2. As currently worded in Section 1.8 located on page 5 of the RFQ, the City is asking Kimley-Horn to assume the highest professional standards in performing its work. While Kimley-Horn is committed to serving its clients, we are only required to do so in accordance with the professional standard of care, which is the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. The relationship currently described in the RFQ exceeds the Standard of Care to be provided by Design Professionals. Would the City consider modifying this language to comply with the foregoing language?

Answer: Section 1.8 Silence of Specifications means the following: If the specifications don’t mention certain details, it means the supplier must still use high-quality materials and follow the best industry standards. All work must be done well.

Unless stated otherwise, everything provided must be brand new, the latest available model, and meet the stated requirements. No modification to the language will be done.

Question 3. Would the City please remove the "Warranty" provisions Section 1.9 located on page 5 of the proposal? We believe it is not applicable to the services provided by design professionals. Design professionals providing professional services, unlike contractors who provide materials and goods, cannot warrant or guarantee their services as part of a contract, other than to warrant that the services will be conducted per the professional standard of care.

Answer: No. Warranty is to be provided when applicable.

ACKNOWLEDGMENT OF ADDENDA:

1. The proposer shall acknowledge receipt of this addendum by completing the applicable section in the RFQ. The Proposer shall submit said Form with the proposal.

2. All other terms and conditions of the RFQ remain unchanged.

Brandon Durango Financial Resources and Systems Manager

ACKNOWLEDGMENT OF ADDENDA NO.(S) _________ (IF APPLICABLE)

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COMPANY NAME _______________________________________

COMPANY ADDRESS _______________________________________

BY: _________________________ DATE:________________________

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