Advanced_Traffic_Management_System_Design_Continuing_Services_(Addendum_#1_Revision).pdf

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City of Sarasota

CCNA

26-18SS

ADVANCED TRAFFIC MANAGEMENT SYSTEM DESIGN CONTINUING

SERVICES

RELEASE DATE: January 29, 2026

RESPONSE DEADLINE: March 24, 2026, 2:30 pm

Please refer to the project timeline in this document for all important deadlines.

CCNA #26-18SS

Title: Advanced Traffic Management System Design Continuing Services

Table Of Contents

1. Introduction

2. City of Sarasota General Terms and Conditions

3. RFP Consultants Competitive Negotiation Act Terms and Conditions

4. Scope of Work

5. Vendor Questionnaire

6. Attachments

Attachments:

A - Exhibit A Scope of Services

B - Exhibit B Proposal Requirements

C - Exhibit C Scoring Criteria

D - Exhibit D Titles and Position

E - RFPCCNA General Terms and Conditions

F - Appendix A Certification Regarding Lobbying

G - Appendix B Foreign Country of Concern Attestation

H - Appendix C CERTIFICATION REGARDING DEBARMENT

I - Attachment 1 Forms Packet

J - Attachment 2 50A- FEDERAL GENERAL TERMS AND CONDITIONS

K - Attachment 3 Supplemental Instructions-Contract Clauses for Federal Awards

L - Attachment 4 FHWA-1273 - Required Contract Provisions

M - Third Party Questionnaire

1. Introduction

2. City of Sarasota General Terms and Conditions

2.1. SUBJECT TO THESE TERMS

All responses are subject to the terms and conditions specified herein. Responses which do not comply with these conditions are subject to rejection. These Terms and Conditions are subject to the Order of

Precedents in Section 3 of this document.

2.2. DEFINITIONS

A. “Response” – Will be considered the same as a bid, proposal, or any other terms used to describe the submittal of an electronic response to a solicitation. All responses shall be submitted electronically.

B. “Respondent” – A bidder, proposer or any other individual or company that may submit a response to a CITY solicitation.

C. “Solicitation” – A document or documents released by the City of Sarasota for the purpose of obtaining goods or services. Considered the same as an Invitation to Bid (ITB), Request for Proposal (RFP) or any other title designated by the CITY to solicit goods or services.

2.3. ORDER OF PRECEDENTS

A. If a conflict arises between these Terms and Conditions, the following ORDER OF PRECEDENTS will apply:

1. Florida State Law as applied to Municipal Purchasing in accordance with Title XIX, “Public Business”, Chapter 287 “Procurement of Personal Property and Services”

2. City of Sarasota Procurement Code

3. Special Conditions and Supplemental Instructions

4. Detailed Scope of Work

5. Solicitation specific Terms and Conditions (RFP, Bid, Construction, etc.)

6. These Terms and Conditions

2.4. CONTRACT FORMS

Any agreement, contract, or Purchase Order resulting from the acceptance of a response shall be in a form as approved by the CITY.

2.5. RESPONSE DELIVERY AND SUBMISSION REQUIREMENTS AND

COMMUNICATIONS

A. Only electronic responses will be submitted to the City via the City’s online solicitation program. If specified as being allowed, large-file backup documentation that is required, such as plans or concept drawings, may be submitted as a single hard copy with an electronic copy on a flash drive.

B. The electronic copy should include one consolidated PDF file that contains the entire response.

C. Confidential Response Information – If information is submitted with the solicitation documents that are deemed “Confidential” then the Respondent must stamp those pages of the response in the PDF file that are considered confidential. Respondent must provide documentation as to why these documents should be declared confidential in accordance with Chapter 119, “Public Records”, exemptions. Respondent will be responsible for proving confidentiality upon the City receiving any valid public records request. The Respondent will be responsible for all cost involved in that process.

D. Solicitation Opening

1. Solicitation responses shall be publicly opened on the date and at the time specified in the online solicitation. It is the Respondent's responsibility to assure that their response is uploaded before the deadline date and time. Responses, which for any reason are not uploaded on time, will not be considered. Offers by fax, mail, private carrier or telephone are not acceptable unless otherwise specified. A response may not be altered after the closing of the solicitation.

2. If hard copies of the Solicitation response are requested, Solicitation documents shall be sealed in an envelope or packaging and shall be clearly marked with the words "Solicitation Response

Documents" and show the solicitation name and number, name and address of the Respondent, and date and time of the scheduled opening. All solicitation documents shall be submitted in writing, signed by the Respondent or the Respondent's duly authorized agent, and shall be mailed or delivered to the office of the Purchasing General Manager prior to the date and time scheduled for the opening of responses.

E. The Purchasing General Manager, or designee shall publicly display solicitation responses submitted online.

F. A Respondent may withdraw a response any time prior to the close of the solicitation. After solicitations are closed, but prior to award of the contract by the City Commission or Charter Official, the City Commission or Charter Official may allow the withdrawal of a response because of the mistake of the Respondent in the preparation of the response document. In such circumstance, the decision of the City Commission or Charter Official to allow the response withdrawal, although discretionary, shall be based upon a finding that the Respondent, by clear and convincing evidence, has met each of the following four tests:

1. The Respondent acted in good faith in submitting the response,

2. The mistake in response preparation was of such magnitude that to enforce compliance by the

Respondent would cause a severe hardship on the Respondent,

3. The mistake in response preparation was of such magnitude that to enforce compliance by the

Respondent would cause a severe hardship on the Respondent,

4. The mistake was discovered and was communicated to the CITY prior to the City Commission having formally awarded the contract.

2.6. CLARIFICATION & ADDENDA

A. Questions and requests for clarification should be submitted through the City’s online solicitation system. Answers to questions and/or addenda are issued through the City’s online solicitation system. If for some reason the City issues a call for hard copy responses, then information or questions concerning this solicitation may also be submitted to the City of Sarasota Purchasing Division, 1565

First Street, Room 205, Sarasota, Florida 34236, phone number (941) 263-6452, unless otherwise noted in the specifications. After the issuance of the solicitation, prospective Respondents or any agent, representative or person acting at the request of such Respondent shall not have any contact, communicate with or discuss any matter relating in any way to the solicitation with any Commissioner, agent or employee of the CITY other than the Purchasing General Manager or their designee. This prohibition begins with the issuance of any solicitation and ends upon execution of the final contract or when the solicitation has been canceled or upon determination by the Purchasing General Manager that a “Cone of Silence” is in effect for the solicitation or upcoming solicitation. If it is determined that improper communications were conducted, the Respondent may be declared not responsible.

B. Detailed specifications describe the commodities, services, or construction services to be acquired by the CITY. To be considered for award, a response must comply in all material respects with the specifications. No alternate responses or deviations from the specifications will be accepted unless requested in the specifications or response form and as approved through written addendum.

C. Each Respondent shall examine all solicitation documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the solicitation shall be made in writing, submitted, and received at least eight (8) calendar days prior to the date when responses are due; to the City of Sarasota Purchasing Division and the online solicitation system.

D. The CITY shall not be responsible for oral interpretations given by any CITY employee, representative, or others. Except at the pre-solicitation conference, every request for interpretation of the meaning of the plans, specifications, or any contract documents, or for correction of any apparent ambiguity, inconsistency or error therein, shall be in writing, preferably asked within the City’s electronic bidding system, or addressed to the Purchasing General Manager or designee. The issuance of the Questions and Answers in the City’s online solicitation system, or a written addendum, added within the City’s online solicitation system, by the City’s Purchasing Division is the only official method whereby interpretation, clarification or additional information can be given. If any addenda are issued to this solicitation, the CITY will attempt to notify all prospective Respondents who have secured same;

however, it shall be the responsibility of each Respondent, prior to submitting their response, to determine if addenda were issued and to make such addenda a part of their response. Acknowledgement to addenda receipt will be noted by each Respondent in the space provide on electronic acknowledgement Form# 1 or by other means as prescribed by the Purchasing

Division. This may include electronic acknowledgement.

1. Should the Respondent find discrepancies in or omissions from the drawings and specifications, scope of work, or other documents attached hereto, or should they be in doubt as to the meaning, they should at once contact the Purchasing Division and obtain clarification prior to submitting a response.

E. Governmental Restrictions

1. In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this solicitation prior to their delivery, it shall be the responsibility of the Respondent to notify the Purchasing Division at once, indicating in their letter or email the specific regulation which required an alteration. The

CITY reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the solicitation or contract at no further expense to the CITY.

2.7. SOLICITATION/RESPONSE EXPENSES

Respondent shall bear all costs and expenses incurred in developing, preparing, and submitting responses to this solicitation.

2.8. IRREVOCABLE OFFER

Any response may be withdrawn until the date and time set for closing of the responses to this solicitation. All withdrawals must be requested in writing via email, letter, removal from the City’s electronic solicitation system or FAX. Any response not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of one-hundred and twenty (120) days to sell to the CITY the goods or services set forth in the attached specifications. Failure to respond, either by submitting a bid or proposal, or by submitting a “NO BID”

Statement eliminates your firm for being able to participate in the protest of this solicitation in accordance with the City of Sarasota Procurement Code Section 2-366.

2.9. RESERVED RIGHTS

A. The CITY reserves the right to accept or reject any or all responses, in whole or in part, for any reason whatsoever, to waive minor irregularities and technicalities, and to request resubmission. Also, the

CITY reserves the right to accept all or any part of the responses and to increase or decrease quantities to meet additional or reduced requirements of the CITY. Any sole response received by the submission date may or may not be rejected by the CITY depending on available competition and current needs of the CITY.

1. The Purchasing General Manager may set as a minimum, the number of responses to accept for consideration of evaluation or award of a contract. This decision will be made based on Purchasing

Division Policy and City Procurement Code and statutes. However, the Purchasing General

Manager may determine that a single response is acceptable.

B. To be responsive, a Respondent shall submit a response which conforms in all material respects to the requirements set forth in the solicitation. To be a responsible Respondent, the Respondent shall have the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. Also, the CITY reserves the right to make such investigation, as it deems necessary to determine the ability of any proposer to deliver the goods or service requested. This information may be obtained from the Respondent or any credible source. All information requests will be done through the Purchasing Division. Such information may include but shall not be limited to current financial statements, verification of availability of equipment and personnel, and past performance records.

1. The CITY may disqualify a Respondent from being awarded a CITY contract if the Purchasing

General Manager determines, after an investigation, that the Respondent is “not responsible,” based on a poor performance record with the CITY, a lack of adequate equipment and personnel, insufficient financial wherewithal, or other factors that indicate the Respondent is not capable of performing the contract.

2. Respondents are hereby notified that Section 287.05701, Florida Statutes, requires that the City of

Sarasota may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor (effective 07-01-2023).

3. Respondents are required to submit their prices, if pricing is required, on the pricing forms supplied by the CITY in the solicitation document. Responses, at the sole discretion of the CITY, may be deemed non-responsive if these solicitation forms are not used and duly signed by an authorized representative of the Respondent.

C. Unless otherwise stated in this solicitation specification, any contracts resulting from this solicitation are non-exclusive. The CITY reserves the right, in its sole opinion, to purchase goods or services listed in this solicitation through the State of Florida Contracts, cooperatives, other current government contracts, and non-profit contracts as provided in the City of Sarasota Purchasing Policy and City

Procurement Code. The CITY reserves the right to solicit separate requirements that are a portion of a larger contract as a whole. Additionally, at the CITY’s sole option, additional contracts may be entered into as a result of such situations as unusual volumes, time/delivery requirements, special requirements, other brands, lease, project specific requirements, or similar situations.

D. After award of this solicitation, the CITY reserves the right to add or delete items/services at prices or terms to be negotiated at the time of addition or deletion. At contract renewal time(s) or in the event of significant industry wide market changes, the CITY may negotiate justified adjustments such as price, terms, etc., to the contract when the CITY, in its sole judgment, considers such adjustments to be in the best interest of the CITY. The City of Sarasota may or may not require the prospective Respondent to participate in negotiations and to submit additional technical information or other revisions to their response as may result from the negotiations.

E. If the contract awarded as a result of this solicitation is terminated, the CITY reserves the right to go to the next lowest responsive Respondent with the balance of the contract, unless otherwise stated in the solicitation specification.

F. The City of Sarasota reserves the right to refuse to award to any Respondent based upon prior contractual relationships between that Respondent, or a substantially related person or entity, and the

CITY. This shall include, but is not limited to, situations in which the Respondent or, a substantially related person or entity, has had its contractual relationship with the CITY terminated or issued notice of default within three (3) years of the date of the issuance of this solicitation.

G. The CITY reserves the right that any company or subcontractor of that company that will have access to

CITY facilities or property may be required to be screened to a level that may include but is not limited to, fingerprints, statewide criminal and juvenile records check. There may be fees associated with these procedures. These costs are the responsibility of the company or subcontractor of that company.

2.10. APPLICABLE LAWS

A. Respondents must be authorized to transact business in the State of Florida. A copy of the

Registration Certificate and information should be submitted with response but is not required.

Registration must be completed before a contract can be signed. Applicable provisions of all federal, state, county and local laws and of all ordinances, rules and regulations shall govern development submittal and evaluation of all responses received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a response hereto and the City of

Sarasota, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise. Lack of knowledge by any Respondent shall not constitute a knowable defense against the legal effect thereof. This includes any revisions or as amended thereof. Any involvement with the City of Sarasota shall be in accordance with but not limited to:

1. City Administrative Regulation and Ordinances

a. City of Sarasota Procurement Code

b. Administrative Approval of Contracts, Ordinance 03-4440 and 07-4763

c. Amends administrative approval of contracts for City Manager, Director of Finance, and the

Purchasing General Manager, Ordinance 07-4763

d. Travel Policy, Administrative Regulation 024.A008.0623

2. Florida State Statutes

a. Florida State Statute Chapter 287, Procurement of Personal Property and Services

b. Pursuant to Florida Statutes Section 119.071, Public Records, General exemptions from inspection or copying of public records, sealed responses received by the CITY. Pursuant to this, solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I, of the Florida Constitution, until such time as the agency provides notice of a decision or intended decision pursuant to s.

119.071(2) or within 30 days after responses opening, whichever is earlier.

c. It shall be the responsibility of the Respondent to assure compliance with all other federal, state, county, or city codes, rules, regulations or other requirements, as each may apply.

2.11. NEGLIGENCE OR BREACH OF CONTRACT DISCLOSURE

A. The Purchasing Division will conduct a due diligence search of completed or pending litigation going back approximately five years.

B. Respondent may be required to provide additional information related to litigation related to negligence or breach of contract.

C. Failure to provide additional information, as requested, could result in the Respondent being declared nonresponsive.

D. Additionally, Respondents may be declared “not responsible” due to past or pending litigation that are relevant to the subject procurement such that they call into question the ability of the Respondent to assure good faith performance. This determination may be made by the Purchasing General Manager, after consultation with the City Attorney.

2.12. TAXES

This section may not be applicable to all solicitations. The City of Sarasota does not pay Federal Excise and

State Taxes on direct purchases of tangible personal property or services. An exemption certificate will be provided to the contract holder upon issuance of a purchase order. This exemption does not apply to tangible personal property or services purchased by a contract holder for their use in the performance of an awarded contract based on this solicitation. Nothing herein shall affect the Respondent's normal tax liability. The CITY reserves the right, at the CITY's sole option, to issue Direct Purchase Orders for applicable supplies and equipment to be utilized in this project or service.

2.13. ERRORS AND OMMISSIONS

A. In the event of multiplication/addition error(s), the unit price shall prevail. Written prices shall prevail over figures where applicable. All responses shall be reviewed mathematically and corrected, if necessary, using these standards, prior to additional evaluation.

B. Approval by CITY of the successful Respondent’s work product for the project shall not constitute nor be deemed a release of the responsibility and liability of the successful Respondent for the accuracy and competency of the successful proposer’s designs, drawings, specifications or other documents and work pertaining to this solicitation. Additionally, approval by the City of the successful Respondent’s work product shall not be deemed to be an assumption of drawings, specifications or other documents prepared by the successful Respondent for the project. After acceptance of the final plans, scope of work or other documents by the CITY, the successful Respondent agrees, prior to and during the execution of the project scope, to perform such successful services, at no additional cost to the CITY, as may be required by the CITY to correct errors or omissions on the plans, drawings, scope of work or other services prepared by the successful Respondent pertaining to the solicitation.

2.14. PUBLIC ENTITY CRIMES

In accordance with Chapter 287, Florida Statutes, Procurement of Personal Property and Services, Section

287.133, Public entity crime; denial or revocation of the right to transact business with public entities. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases or real property to a public entity, may not be awarded or perform work as a Contractor/Vendor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section

287.017 for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

2.15. HUMAN TRAFFICKING

In accordance with Florida Statutes § 787.06(13), when a contract is executed, renewed, or extended between a non-governmental entity and a governmental entity, the non-governmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the non-governmental entity under penalty of perjury attesting that the non-governmental entity does not use coercion for labor or services. The awarded vendor shall provide the City with the non-coercion affidavit in the form provided by the City.

2.16. DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY

A. In accordance with Florida State Civil Rights Act of 1992.

B. An entity or affiliate who has been placed on the State of Florida’s Discriminatory Vendor List (This list may be viewed by going to the Department of Management Services website at http://www.dms.myflorida.com.) may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, vendor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

C. The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status and thereby to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state.

D. It is the policy of the City of Sarasota to assure that applicants are employed, and that employees are treated during employment, without regard to their age, race, religion, color, national origin, sex, or disability. Such action must include employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training.

2.17. ROYALTIES AND PATENTS

A. The Respondent, without exception, shall indemnify and save harmless the CITY and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention process, or article manufactured by the Respondent. The

Respondent has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by the Respondent is based solely and exclusively upon the CITY alteration of the article. The CITY will provide prompt written notification of a claim of copyright or patent infringement.

B. Further, if such a claim is made or is pending, the Respondent may at its option and expense procure for the CITY the right to continue use or replace or modify the article to render it non-infringing. If none of the alternatives are reasonably available, the CITY agrees to return the article on request to the Respondent and receive reimbursement if any as may be determined by a court of competent jurisdiction. If the Respondent uses any design, device or materials covered by letters, patent or http://www.dms.myflorida.com/ copyright, it is mutually agreed and understood without exception that the response prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work

2.18. PURCHASING COOPERATIVE

It is the intent of this solicitation to include requirements and to obtain responses on behalf of the City of

Sarasota and reserve the right for the entities belonging to the Sarasota Bay Chapter of NIGP to obtain purchases from this solicitation. This opportunity is also made available to any and all local, County, Public

Educational Institutions, non-profits, and the State of Florida. Pursuant to their own governing laws, and subject to the agreement of the vendor, other entities may be permitted to make purchases at the terms and conditions contained herein. The City of Sarasota will not be financially responsible for the purchases of other entities from this solicitation.

2.19. DELIVERY

Unless otherwise specified, all prices are to be FOB-Destination

2.20. PRE-SOLICITATION CONFERENCE

A. Failure to attend a mandatory or non-mandatory pre-solicitation conference will relieve the CITY of any responsibility to notify a Respondent of additional requirements unless those questions or requirements are identified in the conference are submitted in writing.

B. Failure to attend a mandatory pre-solicitation conference will result in the Respondent being considered non-responsive.

C. Pre-solicitation conferences maybe held electronically, by phone conference or webinar depending on the nature of the solicitation and as determined by the Purchasing General Manager.

2.21. FUNDING

Solicitation is subject to the appropriation of funds in an amount sufficient to allow continuation of the CITY’s performance in accordance with the terms and conditions of this solicitation. The CITY shall provide prompt written notice to the Respondent that sufficient funds have not been appropriated to continue its full and faithful performance under the terms of this solicitation, and shall, effective thirty (30) days after giving such notice or upon the expiration of the time for which funds were appropriated, whichever occurs first, be thereafter released of all further obligations in any way related to the solicitation.

2.22. SUBCONTRACTING

A. Respondent shall obtain prior written approval of subcontractors and the work they will perform as stated in the scope of work. A subcontractor is defined as any entity performing work within the scope of the solicitation or project who is not an employee of the Respondent.

B. Respondent shall supervise, inspect, and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. Respondent shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. All work performed for Respondent by a subcontractor or supplier will be pursuant to an appropriate agreement between Respondent and the subcontractor or supplier which specifically binds the subcontractor or supplier to the applicable terms and conditions of the Contract Documents for the benefit of CITY. Respondent shall be fully responsible to CITY for all acts and omissions of the subcontractors, suppliers, and other individuals or entities performing or furnishing any of the work just as Respondent is responsible for Respondent’s own acts and omissions.

2.23. TRAVEL EXPENSE

Travel expenses, if approved by the CITY, will be reimbursed in accordance with the City of Sarasota

Administrative Regulation 024.A008.0623: “Travel Policy” whether the resulting contract provides for a different method.

2.24. PUBLIC RECORDS

Respondent acknowledges that all information contained within its response is a public record, as defined in

Chapter 119, “Public Records”, of the Florida Statutes. No information should be labeled confidential unless exempted under said laws.

2.25. INVOICING

All invoices must contain the purchase order number, required identification information, and reflect the

Contract prices, terms, and conditions. Invoices containing deviations or omissions will be returned to the

Respondent for correction and resubmission. Vendors shall not perform any service or provide products until they have been issued an approved Purchase Order.

2.26. TIME EXTENSION

A. Time Extension. The CITY may extend this Contract up to one hundred eighty (180) days beyond the expiration date of the existing contract. The price in effect on the last day of the contract shall remain in effect for the contract extension period. Additional extensions shall be subject to agreement of both parties.

B. Continuation of Work. Any work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the CITY and the successful Respondent, continue until completion at the same prices, terms and conditions. This must be approved in advance by the Purchasing General Manager or designated representative.

2.27. RIGHT TO AUDIT

The awarded Respondent shall maintain such financial records and other records as may be prescribed by the

City of Sarasota or by applicable federal and state laws, rules, and regulations. The awarded Respondent shall retain these records for a period of five years after final payment, or until they are audited by the City of

Sarasota, whichever event occurs first. These records shall be made available during the term of the contract and the subsequent five-year period for examination, transcription, and audit by the City of Sarasota, its designees or other authorized bodies.

2.28. E- VERIFY

A. Awarded Respondents should utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the awarded Respondent during the term of the contract; and shall expressly require any subcontractors performing work or providing services pursuant to the contract to likewise utilize the U.S. Department of Homeland Security’s E-

Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

B. (as of January 1, 2021) By entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the

Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated because of a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination.

C. A public agency must require in any contract that the contractor, and any subcontractor thereof, register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. A public agency or a contractor or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.” (effective

07-01-23).

2.29. PROTEST PROCEDURES

Protest procedures will be conducted in accordance with the City of Sarasota Procurement Code Section 2-

366.

2.30. INSURANCE

A. The awarded Respondent, prior to the signing an Agreement and before starting any work on this

Agreement, shall procure and maintain, during the life of this Agreement, the insurance coverage listed below. The policies of insurance shall be primary and written on forms acceptable to the CITY. The policies shall be placed with an insurance carrier approved and licensed by the Insurance Department of the State of Florida and that meets a minimum financial A. M. Best Company, Inc. or approved alternate rating of no less than “A”, Excellent. The CITY will accept a minimum rating for Worker’s

Compensation Insurance of “B+, Good”. The NAIC number for all Insurers will be noted to the right of the insurer’s name in the section provided on the certificate of insurance. The City of Sarasota will not accept any indication or evidence of self-insurance made by the awarded Respondent, as it applies to any of the required insurance coverage. The Purchasing General Manager, or designee, reserves the right to waive, downgrade or upgrade, or suspend requirements as determined to be in the best interest of the CITY. Any and all fully executed contracts will require that the awarded Respondent be fully insured per the terms and conditions as follows herein:

1. Mandatory Insurance Requirements

a. Worker’s Compensation. Worker’s Compensation Insurance on behalf of all employees who are to provide a service for this Agreement, as required by Florida Statues Chapter 440 and

Employers Liability with limits of not less than $100,000 per employee accident; $500,000 disease aggregate; and $100,000 employee per disease.

b. Commercial General Liability. Including but not limited to bodily injury, property damage, and personal injury, with limits of not less than One Million Dollars combined single unit per occurrence, Two Million Dollars per location aggregate plus property damage insurance in the minimum amount of Five Hundred Thousand Dollars covering all work performed.

c. Automobile Liability

Including bodily injury, property damage liability for all vehicles owned, hired, leased, and non-owned, with limits of not less than One Million Dollars combined single unit per occurrence, $500,000.00 property damage and Two Million Dollars aggregate covering all work performed.

2. Additional or Option Insurance (Depends on project requirements.)

a. Umbrella Liability. N/A unless being used to meet underlying coverage requirements.

b. Liquor Liability

All vendors serving alcohol as a result of the solicitation will be required to obtain Liquor

Liability insurance.

c. Miscellaneous Insurance - All other types of insurance as required by the scope of work or specifications

d. Professional Liability

If applicable, in the minimum amount of One Million Dollars. CCNA Consultants must have this insurance coverage.

e. Hazardous Material

If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However, if hazardous materials are identified while carrying out this Agreement, no further work is to be performed in the area of the hazardous materials until the Project Manager and City’s Risk

Management Department has been consulted as to the potential need to procure and maintain any or all of the following coverage through a change order to the project.

f. Contractor/vendor’s Pollution Liability

For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and

$2,000,000 in the aggregate arising out of work performed under this Agreement including, but not limited to, all hazardous materials identified under this Agreement.

g. Asbestos Liability

For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and

$2,000,000 in the aggregate arising out of work performed under this Agreement.

h. Disposal

When applicable, the Contractor/vendor shall designate the disposal site and furnish a

Certificate of Insurance from the disposal facility for Environmental Impairment Liability

Insurance covering liability for sudden and accidental occurrences in an amount not less than

$1,000,000 per claim and $2,000,000 in the aggregate and shall include liability for non-sudden occurrences in an amount not less than $1,000,000 per claim and $2,000,000 in the aggregate.

i. Hazardous Waste Transportation

When applicable, the Contractor/vendor shall designate the hauler and furnish a Certificate of

Insurance from the hauler for Automobile Liability Insurance and Endorsement MCS90 for liability arising out of the transportation of hazardous materials with an amount not less than

$2,000,000 annual aggregate and provide valid EPA identification number. The Certificates of

Insurance (COI) shall clearly state the hazardous materials exposure work being performed under this Agreement.

j. Builder’s Risk When applicable, special form coverage shall include, but not be limited to:

i. Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to this Agreement.

ii. Theft coverage.

iii. Waiver of Occupancy clause endorsement.

iv. Limits of insurance to equal 100% of the insurable completed agreement amount of such additions, or structures, on an agreed amount/replacement cost basis.

v. Maximum deductible clause of $50,000 each claim.

3. Additional Insured. The City of Sarasota, its elected and appointed officials, employees and agents shall be listed by endorsement as additional insured, except for worker’s compensation and professional liability. Further, other designated persons or entities may be required to be listed as additional insured.

4. Certification of Insurance. Awarded Respondent, prior to providing any services pursuant to this

Agreement, shall furnish to the CITY proof of insurance, including, but not limited to a Certificate of

Insurance referencing the City of Sarasota as “additional insured”, except for worker’s compensation and professional liability, and the effectiveness of all required insurance for awarded

Respondent, and each of its subcontractors. The certificates of insurance shall state that the CITY will be notified in writing at least thirty (30) days prior to cancellation, non-renewal or any other modification of any policies required of awarded Respondent. No work shall commence under this

Agreement until the CITY’s authorized representative has given written approval of the insurance certificates. Additionally, awarded Respondent has an affirmative obligation throughout the entire term of this Agreement to provide the City Manager and the Purchasing Division, 1565 1st Street, Room 205, Sarasota, Florida 34236 evidence of the continuation of all policies required of the awarded Respondent by this Agreement. As such, as each policy of insurance is renewed, proof thereof must be provided in writing to the City Manager and the Purchasing Division, 1565 1st

Street, Room 205, Sarasota Florida 34236. All insurance documents must show the solicitation number and title description and indicate that the awarded Respondent’s insurance is the prime insurance. CITY suggests that awarded Respondent obtain all policies on an occurrence form basis. If, however, the awarded Respondent determines to obtain claims-made policies, Respondent shall be required to assure that the policy dates run concurrently throughout the entire term of this Agreement and Respondent shall be required to maintain “tail” coverage at the

Respondent’s own expense for a period of time as directed by the City Manager.

a. Additional insurance requirements may be noted in the scope of work or specifications. These insurance requirements will be in addition to those stated in these Terms and Conditions and not a replacement.

2.31. CONTRACT ADMINISTRATION AND SITE REVIEW

A. The Respondent shall carefully examine the site of the work and the contract documents for the work contemplated, and it will be assumed that the Respondent has investigated and is fully informed of the conditions and obstructions to be encountered, of the character, quality, and quantities of work to be performed and materials to be furnished and of the requirements of the contract documents. The

Respondent shall inform themselves fully of the conditions under which the work is to be performed in relation to construction, services, commodities, and labor conditions. Failure to do so will not relieve a successful Respondent of their obligations to furnish all materials, equipment, and labor necessary to carry out the provisions of the contract documents and to complete the contemplated work or deliver the requested product or service for the consideration set forth in their response. Contracts may have more than one department or entity participating. Each participant will issue individual purchase orders and will be billed separately.

B. Ownership of Documents. It is understood and agreed that all documents, including detail reports, plans, original tracings, specifications, and all data prepared or obtained by the successful proposer in connection with its services hereunder, including all documents bearing the professional seal of the successful proposer, there under shall be delivered to and become the property of the CITY, prior to final payment to the successful Respondent at the termination of the agreement.

C. Notice to Proceed (NTP) and Pre-Construction/Kickoff Meetings

1. Single Project

All single (one-time solicitation) projects will have a notice to proceed (NTP) issued by the

Purchasing Division before a purchase order can be issued. The notice to proceed (NTP) letter will be dated the same date as the pre-construction or kickoff meeting. The date of the NTP Letter and the Date in which work is to start can be no more than 30 days apart, unless otherwise approved by the Purchasing General Manager, or designee.

2. Continuing Services

A continuing service contract with a task order $50,000.00 or less will use the purchase order as the notice to proceed. The date of the purchase order will be the project start date. The number of days to complete the project or the project final completion date must be annotated on the purchase order. For a task order over $50,000.00 a formal notice to proceed (NTP) must be issued by the Purchasing Division in accordance with paragraph 28.3.1

D. Work Progress and Delays

The City Manager shall be entitled at all times to be advised in writing, at his request, as to the status of work being done by the successful Respondent and the details thereof. In the event the successful

Respondent cannot satisfy the deadline specified in the project schedule, then it shall notify the City

Manager in writing at least seven (7) days prior to such deadline of the reason for the delay. In the event the cause of the delay is due to delay by the CITY or regulatory agencies as to the approval of any plans or permits submitted by the successful Respondent, when such delay will result in an overall delay of the project completion date, the City Manager shall grant to the successful Respondent, in writing, an extension of the agreement time equal to the as aforementioned delays. The City Manager shall be solely responsible for determining whether any extension of time should be awarded to the successful Respondent.

2.32. TERMINATION OF CONTRACT

The City of Sarasota reserves the right to terminate any contract, at any time, with or without cause.

A. Termination for Default. Awarded Respondent acknowledges that the conditions, covenants and requirements on its part to be kept, as set forth in the contract, are material inducements to CITY entering into an agreement. Should awarded Respondent fail to perform any of the conditions, covenants and requirements of its part to be kept, the City Manager shall give written notice thereof to the awarded Respondent specifying those acts to things which must occur in order to cure said default. Provided, however, if awarded Respondent makes a good faith effort by taking steps to substantially cure the default, the City Manager may grant the awarded Respondent additional time to cure such default as he deems warranted in his sole discretion. Should the default remain, upon expiration of the time granted to cure the same, the City Manager may terminate the agreement, by written notice of termination, said notice specifying the time and date of termination.

B. Termination for Convenience

The performance of work under the contract may be terminated by the City Manager in whole or in part whenever the City Manager determines that termination is in the City of Sarasota’s best interest. Any such termination shall be affected by the delivery to the awarded Respondent in a written notice of termination at least fifteen (15) days before the date of termination, specifying the extent to which performance of the work under the contract is terminated and the date upon which such termination becomes effective. After receipt of a notice of termination, except as otherwise directed, the awarded Respondent shall stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders or subcontracts for material, services, or facilities except as necessary for completion of such portion of the work not terminated; terminate all vendors and subcontracts; and settle all outstanding liabilities and claims.

C. Payment and Ownership of Documents upon Termination

In the event of termination of the agreement, the vendor shall cease work and shall deliver to the CITY all documents including reports and all other data, materials prepared or obtained, by the vendor in connection with the project, including all documents bearing the professional certification. The awarded Respondent shall reimburse the CITY for any stored items that the CITY has previously purchased. CITY shall upon delivery of the aforesaid documents, pay the awarded Respondent as full payment for its services hereunder, a sum of money equal to the percentage of the work done by the awarded Respondent and accepted as satisfactory by the CITY.

D. Waiver

Failure of the City to take any action with respect to any breach of any term, covenant or condition contained in the agreement, or any instance of default hereunder by the successful Respondent, should not be deemed to be a waiver of any default or breach by the CITY.

2.33. INDEMNIFICATION

A. Non-Design Professional

The CITY shall not be liable for any loss, injury, death or damage to persons or property, which at any time may be suffered or sustained by any person whatsoever arising from the negligent performance by awarded Respondent and its employees and agents of its obligations under the provisions of this agreement. The awarded Respondent shall indemnify and hold harmless the CITY, and agents and employees against all claims, liabilities, loss, injury, death or damage whatsoever, including but not limited to attorney fees, on account/or arising out of or resulting from any negligent act or omission of the awarded Respondent in the performance of the work. The CITY and awarded Respondent acknowledge that the first ten dollars ($10.00) of the compensation paid awarded Respondent for its work hereunder shall be deemed specific consideration for this indemnification. Awarded Respondent shall fund the foregoing indemnification by providing the insurance coverage’s set forth below.

B. Design Professional

Awarded Respondent shall indemnify and hold harmless the CITY, its elected and appointed officials, officers, employees and agents, from liabilities, damages, losses and costs, including but not limited to reasonable attorney’s fee, to the…