Flowmeters.pdf

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City of Tampa

REQUEST FOR PROPOSALS (RFP) FOR

Flowmeters

26-P-00130

Purchasing

Missy Campagnano, Inventory Specialist

2555 E Hannah Ave

Tampa, FL 33610

Phone: (813) 274-7711

Table Of Contents

1. Instructions to Bidders

2. General Conditions

3. Insurance Requirements

4. Price Proposal

5. Vendor Questionnaire

1. Instructions to Bidders

1.1. Instructions to Bidders

City of Tampa quote solicitations are issued electronically via OpenGov solicitation distribution system. Obtaining quote solicitations through OpenGov will ensure that vendors will have the following capabilities: receipt of quote solicitations electronically via e-mail and view plans and blueprints online electronically. Vendors who obtain specifications and plans from sources other than OpenGov are cautioned that the quote packages may be incomplete.

The City is not responsible for errors and omissions occurring in the transmission or downloading of any quote documents, plans, or specifications from this website. In the event of any discrepancy between information on this website and the hard copy quote documents, the terms and conditions of the hardcopy document will prevail. OpenGov has no affiliation with the City of Tampa other than as a service that facilitates communication between the City and its vendors. OpenGov is an independent entity and is not an agent or representative of the City. Communications to OpenGov does not constitute communications to the City.

Contact OpenGov at https://opengov.my.site.com/support/s/ for more information.

Quotes shall be accepted no later than the time and date specified on the quote transmission. All quotes shall be submitted electronically through OpenGov. Offers by telegram, telephone, mail, e-mail, or fax are not acceptable, unless authorized by the City of

Tampa Purchasing Department prior to the closing time and date. No quote may be withdrawn or modified after the time fixed for the opening of quotes. Quote tabulations (results) will not be disclosed over the telephone.

The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time, and any applicable professional regulations.

The bidder is expected to carefully examine the entire quote solicitation and all of its attachments, including but not limited to all provisions, terms, and conditions. Failure to do so will be at the bidder’s risk.

Quote solicitations contain a General Conditions section and a Technical Specification section. The attached General Conditions contain general requirements and the Technical Specifications, viewable through OpenGov, details the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict.

2. General Conditions

2.1. Authorization

Official award will be made by City of Tampa Purchase Order only. Purchases under $2,000 may also be placed by City of Tampa

Purchasing Card (Visa).

2.2. Quantities

Quantities listed are an estimate only. The City shall not be required to purchase any minimum or maximum quantities during any award resulting from this quote. The City reserves the rights to increase or decrease quantities shown without penalty.

2.3. Shipping/Delivery

All items shall be shipped Freight On Board (FOB) Destination. All shipping, handling, and freight charges shall be included in the quote. Materials ordered shall be delivered to the location specified and within the days After Receipt of Order (ARO) as stated in the

Technical Specifications.

2.4. Deletion

The City reserves the right to delete any item from this quote solicitation or resulting intent to award when deemed to be in the best interest of the City of Tampa.

2.5. Rejection

The City reserves the right to cancel, reject any and/or all quotes, or to waive irregularities and accept that quote which is the lowest and best.

2.6. Non-Availability of Funds

In the event that funds are insufficient or unavailable for this quote or the resulting intent to award, the City reserves the right to cancel the quote or resulting intent to award without penalty.

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2.7. Substitutions / Alternate Quotes

Unless otherwise specified in the Technical Specifications, quotes for alternate products which the bidder believes to be of equal quality will be considered. The offer of an alternate product for any item shall be construed as a refusal to quote on the product specified.

Bidders offering an alternate product shall submit the precise specifications of the alternate and all of the differences, if any, between the specified product and the alternate product. The determination as to whether any alternate product quoted is or is not equal to the product specified shall be made by the City, and such determination shall be final and binding for all bidders.

2.8. Prices

Bid prices shall be firm and shall not be amended after the date and time of the bid opening. Any attempt by the Awardee to amend said bid prices shall constitute default as outlined in this specification. The quote shall be awarded for a 1-year period.

2.9. Basis of Award

The City reserves the right to award this quote by division, line item, or aggregate total. To be considered lowest responsive, responsible bidder by aggregate, the bidder must quote on all items within the quote solicitation. If award by aggregate total is not feasible, division or line item will prevail.

2.10. Subcontracting Submittals

No Awardee shall assign the award/contract or any rights or obligations thereunder without the written consent of the City. The

Awardee shall be required to perform with its own forces at least fifty-one (51) percent of the work, unless written consent to subcontract a greater percentage of the work first obtained by the City. In the event of such approved subcontracting, the Awardee agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this award, including but not limited to submittal of attached the following Schedule of Sub-Contracting Forms:

• Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - DMI 10

• Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - DMI 20 Further information and copies of all forms can be found at http://www.tampa.gov/msbd

Subcontractor shall be defined as: a business enterprise, firm, partnership, corporation, consultant, or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative.

Supplier shall be defined as: a business enterprise that either directly contracts with a prime contractor/consultant or directly contracts with a subcontractor under such a prime contractor/consultant to provide materials, supplies, or equipment in connection with a contract awarded by the owner/owner’s representative. A supplier may be a regular dealer, distributor, or manufacturer.

2.11. Invoicing

The awardee shall furnish the City complete itemized invoices for the goods received. Invoices are to reflect the prices stipulated on the purchase order and as outlined in the quote solicitation. Invoices shall contain, but not be limited to the following information:

• Invoice number;

• Company name;

• Purchase Order number;

• Location and dates of delivery;

• Cost of items as stated on the quote response and extended price to reflect total cost for number of items received.

If subcontractors will be utilized during this award, the awardee agrees to provide the City with written documentation relative to the subcontractor(s) payments, including but not limited to submittal ofSchedule of Sub-Contractors/Consultants/Suppliers Payments

,Waiver and Release of Lien upon Progress Payment , and/orAffidavit of Contractor in Connection with Final Payment . Further information and copies of all forms can be found at www.tampa.gov/msbd

2.12. Payment

http://www.tampa.gov/msbd http://www.tampa.gov/msbd

Full payment will be made by the City after receipt and acceptance of materials/services, correct invoices, subcontractor(s) payments forms, and normal processing time – approximately 30 days in total. The City does not pay service charges on late payments; however the City is subject to the Florida Prompt Payment Act. (see Section 218.70-218.79, Florida Statues.) An incorrect invoice may delay payment for services/materials provided.

2.13. Tampa Port Access

All personnel assigned to provide this service or required to deliver goods to the Port of Tampa, if applicable in this award, shall obtain a Port Access Badge. To obtain this port pass will require each employee to have a valid photo ID and will require background check including fingerprinting. It is the responsibility of the Awardee to obtain badges before work begins or prior to delivery. The cost shall be incurred by the Awardee. Documentation, pricing and other information related to the access requirements for the Port of Tampa can be found at: https://www.porttb.com/port-security/

2.14. Employee Verification

Awardee must utilize the U.S. Department of Homeland Security’s E-Verify Systems to verify the employment eligibility of all persons employed during the term of the award to perform employment duties within the State of Florida and all persons, including subcontractors, assigned by Awardee to perform work pursuant to the award.

2.15. Florida Public Records Law

In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection and copying. If the Bidder is asserting that certain information in its Bid is confidential and/or proprietary and/or exempt from public disclosure, then the Bidder is required to do the following: (1) identify, with specificity, the information which the Bidder asserts is confidential and/or proprietary and/or exempt from public disclosure, (2) place such information

(including any applicable electronic media on which such information is contained) in a sealed envelope that is separate from the

Bidder's other Bid documents, (3) clearly label the envelope that contains the confidential, proprietary and/or exempt information as follows: "EXEMPT FROM PUBLIC DISCLOSURE" with Bidder's name and the Bid number marked on the outside, and (4) specifically cite the applicable Florida Statute(s) that exempts such information from public disclosure such citation must be placed on the sealed envelope and also on a separate document contained within the sealed envelope along with any relevant explanations. The envelope that contains the Bidder's confidential/proprietary/exempt information must be submitted with the Bidder's other Bid documents. Bidder is advised that failure to follow the aforementioned instructions may result in Bidder's alleged confidential/proprietary/exempt information being disclosed to the public. All submittals received in response to this Bid will become the property of the City of Tampa and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City.*

Be aware that the designation of an item as exempt from public disclosure by a Bidder may be challenged in court by any person or entity. By designation of material in your Bid submittal as exempt from public disclosure, Bidder agrees to defend the City of Tampa

(and its employees, agents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to Bidder’s designation of material as exempt from public disclosure and to hold harmless the City of Tampa (and its employees, agents and elected and appointed officials) for any award to a plaintiff for damages, costs and attorneys’ fees, and for costs and attorneys’ fees incurred by the City by reason of any claim or action related to your designation of material as exempt from public disclosure.

*Note: The City will not accept Bid submittals when the entire submittal is labeled as exempt from public disclosure.

Bidder’s References and Cost or Price information will be deemed a public record, and if a claim of confidentiality/proprietary information is made, the City may deem the Bid submittal as “non-responsive”.

In accordance with section 119.071(1)(b)2, Florida Statutes, sealed bids, proposals, or replies received by the City of Tampa pursuant to a competitive solicitation are exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

In accordance with section 119.071(1)(b)3, Florida Statutes, if the City of Tampa rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the City of Tampa concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of https://www.porttb.com/port-security/ https://www.porttb.com/security the State Constitution until such time as the City of Tampa provides notice of an intended decision concerning the reissued competitive solicitation or until the City of Tampa withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City of Tampa notice rejecting all bids, proposals, or replies.

The City of Tampa is a public agency subject to Chapter 119, Florida Statutes. In accordance with Florida Statutes, 119.0701, Awardee agrees to comply with Florida’s Public Records Law, including the following:

i. Awardee shall keep and maintain public records required by the City to perform the services;

ii. Upon request from the City, Awardee shall provide the City with copies of the requested records, having redacted records in total or in part that are exempt from disclosure by law or allow the records to be inspected or copied within a reasonable time (with provision of a copy of such records to the City) on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law;

iii. Ensure that public records, in part or in total that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or early termination) of the contract if the Contractor does not transfer the records to the City;

iv. Upon completion (or earlier termination) of the award, Awardee shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Awardee or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Awardee transfers all public records to the City upon completion (or earlier termination) of the award, Awardee shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Awardee keeps and maintains public records upon completion

(or earlier termination) of the award, Awardee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency.

v. The failure of Awardee to comply with Chapter 119, Florida Statutes, and/ or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by the City; the City shall also have the option to withhold compensation due Awardee until records are received as provided herein.

IF THE AWARDEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE

AWARDEE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AWARD, CONTACT THE CUSTODIAN OF PUBLIC

RECORDS AT 813/274-8351,

https://cityoftampa.govqa.us/WEBAPP/_rs/(S(vibddvcchtrkqdyvbitqictk))/SupportHome.aspx OR MAILING ADDRESS

OF PURCHASING DEPARTMENT, CITY CENTER AT HANNA, 2ND FLOOR, 2555 E HANNA AVENUE, TAMPA, FL 33610.

2.16. City of Tampa Ethics Code

The Bidder shall comply with all applicable governmental and city rules and regulations including the City's Ethics Code which is available on the City's website. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-522). Moreover, each Bidder responding to this

Invitation to Bid or Request for Proposal acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such contract or obligation. The Awardee shall ensure that no City employee receives any such benefit or interest as a result of the award of this Invitation to Bid or Request for Proposal. (City of Tampa Code, Chapter 2, Article VIII Section 2-514(d)).

Please note that the City's Ethics Code may be accessed on the Internet by utilizing the website link http://www.tampa.gov/human-resources/info/lobbyist-information or can be found in the City of Tampa’s municipal codes published online by the Municipal Code

Corporation at the website link https://www.municode.com/library/fl/tampa/codes/code_of_ordinances. Printed copies of the Ethics

Code can also be obtained from the City Clerk's Office for a fee of $0.15 cents a page.

2.17. Indemnification

Contractor/Successful Proposer/Awardee/Firm (collectively the “Firm”) releases and agrees to defend, indemnify and hold harmless the

City, its officers, elected and appointed officials, employees, and/or agents (collectively, “City Indemnified Parties”) from and against any and all losses, liabilities, damages, penalties, settlements, judgments, charges, or costs (including without limitation attorneys’ fees, professional fees, or other expenses) of every kind and character arising out of any and all claims, liens, demands, obligations, https://cityoftampa.govqa.us/WEBAPP/_rs/(S(vibddvcchtrkqdyvbitqictk))/SupportHome.aspx http://www.tampa.gov/human-resources/info/lobbyist-information http://www.tampa.gov/human-resources/info/lobbyist-information https://www.municode.com/library/fl/tampa/codes/code_of_ordinances actions, proceedings or causes of action of every kind and character, caused by or resulting from, directly or indirectly, in whole or in part, any act, negligence, recklessness, wrongful misconduct, omission or other conduct of Firm or any tier of subcontractor/subconsultant/ supplier, agent, employee, or anyone for whom Firm may be liable, in connection with, arising directly or indirectly out of the execution or performance of the obligations assumed under or incidental to the document to which this section/article/exhibit is incorporated (singularly or collectively “Claims”), unless such injuries or damages are the result of the sole negligence or willful acts or omissions of the City Indemnified Parties.

Without limiting the foregoing, any and all such Claims, including but not limited to personal injury, disease, sickness, death, damage to property, natural resources, or the environment (including destruction or loss of use, costs of hazardous or toxic substance cleanup and disposal), defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or any actual or alleged violation of common law, any applicable law, statute, ordinance, administrative order, rule, or regulation or decree of any court, shall be included in the indemnity hereunder and, to the extent required, the defined term “Claims”. Firm further agrees to investigate, handle, respond to, provide defense (including without limitation attorney fees, paralegal fees, and expert fees to and through appellate, supplemental, or bankruptcy proceedings) for and defend such Claims at its sole cost and expense through counsel approved in advance and in writing by the City and agrees to bear all other costs and expenses related thereto, even if the Claims are groundless, false, or fraudulent. Firm shall advance or promptly reimburse to the City any and all costs and expenses incurred by a City Indemnified Party in connection with investigating, preparing to defend, settling, or defending any legal proceeding for which the City Indemnified Party is entitled to indemnification hereunder. Firm agrees and recognizes that the City Indemnified Parties shall not be held liable or responsible for

Claims which may result from any actions or omissions of Firm in which the City Indemnified Parties participated either through providing data, advice, review, and/or concurrence of Firm’s actions. In reviewing, approving, or rejecting any submissions by Firm or other acts of Firm, the City Indemnified Parties in no way assume or share any responsibility or liability of Firm or any tier of subcontractor/subconsultant/supplier, under the document (hereinafter the “Agreement) to which this section/article/exhibit

(hereinafter “Article”) is incorporated.

This obligation is absolute and unconditional and shall in no way be limited by the amount or type of Firm’s insurance coverage, conditioned on any attempt by a City Indemnified Party to collect from an insurer, or subject to any set-off, defense, deduction, or counterclaim that the Contactor might have against the City Indemnified Party. The duty to defend hereunder is independent and separate from the duty to indemnify which shall exist regardless of any ultimate liability of Firm or any City Indemnified Party, and shall arise immediately upon presentation of a Claim and written notice of same being provided to Firm. Firm's defense and indemnity obligations hereunder will survive the Agreement’s expiration or earlier termination. In the event the law is construed to require a specific consideration for this indemnification, the parties agree that the sum of $10.00, receipt of which is hereby acknowledged, is the specific consideration for same and the providing of such indemnification is deemed to be part of the specifications with respect to the services provided by Firm.

Specifically, where the Agreement is a professional services contract with a design professional as defined in Section 725.08, Florida

Statutes, this Article shall be limited to Section

725.08. Further, where the Agreement is a construction contract for a public agency or in connection with a public agency’s project per

Section 725.06, Florida Statutes, this Article shall be limited to said Section 725.06. Moreover, whenever there appears in the

Agreement an indemnification within the purview of Section 725.06, Florida Statutes, the monetary limitation on the extent of the indemnification provided shall be $1 Million Dollars or a sum equal to the total contract price, service cost, or project value whichever is greater.

NOTWITHSTANDING ANYTHING IN THE FOREGOING TO THE CONTRARY, the parties agree that to the extent this Article is found to be in conflict with any provisions of Florida law, it shall be deemed automatically modified in such a manner as to be in full and complete compliance with all such laws, including containing such limiting conditions or limitations of liability and/or not containing any unenforceable or prohibited term or terms, such that this indemnification shall be enforceable in accordance with and to the maximum extent permitted by Florida law.

2.18. Non-Discrimination in Contracting and Employment

The following provisions are hereby incorporated into any contract executed by or on behalf of the City of Tampa. The Awardee shall comply with the following Statement of Assurance:

During the performance of this Award, the Awardee herein assures the City, that said Awardee is in compliance with Title VII of the

1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the Awardee does not on the grounds of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status, discriminate in any form or manner against said Awardee’s employees or applicants for employment.

Awardee understands and agrees that this award is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered a material breach of this award. Furthermore, the Awardee herein assures the City that said Awardee will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability.

Awardee further acknowledges and agrees to provide the City with all information and documentation that may be requested by the

City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers and vendors in connection with this award. Awardee further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5, as enacted by Ordinance No. 2008-89.

Per City of Tampa Code of Ordinances, Section 2-284, Bidder(s) are requested to provide information as to whether Bidder(s) has criminal history screenings similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. The

City of Tampa’s municipal codes are published online by the Municipal Code Corporation at the website link https://www.municode.com/library/fl/tampa/codes/code_of_ordinances.

2.19. Equal Opportunity

The City of Tampa hereby notifies all Bidders that all eligible businesses, including Small Local Business Enterprises (SLBEs), will be afforded a full opportunity to participate in any Award made by the City of Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status. The City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status.

3. Insurance Requirements

3.1. Maintaining Insurance

Prior to commencing any work or services or taking occupancy under that certain written agreement or award (for purposes of this document, Agreement) between the City of Tampa, Florida (City) and Firm/Awardee/Successful

Proposer/Contractor/Consultant/Lessee/non-City party, etc. (for purposes of this document, Firm) to which this document is attached and incorporated as an Exhibit or otherwise, and continuing during the term of said Agreement (or longer if the Agreement and/or this document so requires), Firm shall provide, pay for, and maintain insurance against claims which may arise from or in connection with the performance of the Agreement (including without limitation occupancy and/or use of certain property/premises) by Firm, its agents, representatives, employees, suppliers, subtenants, or subcontractors (which term includes sub-consultants, as applicable) of any tier subject to the terms and conditions of this document. Should at any time Firm not maintain the insurance coverages required, City at its sole option (but without any obligation or waiver of its rights) may terminate the Agreement. All provisions intended to survive or to be performed subsequent to the expiration or termination of the Agreement shall survive, including without limitation Firm’s obligation to maintain or renew coverage, provide evidence of coverage and certified copies of policies, etc. upon City’s request and/or in response to a potential claim, litigation, etc.

The following coverages are required.

(“M” indicates million(s), for example $1M is $1,000,000)

3.2. Commercial General Liability (CGL) Insurance

Commercial General Liability (CGL) Insurance on the most current Insurance Services Office (ISO) Form CG 00 01 or its equivalent on an “occurrence” basis (Modified Occurrence or Claims Made forms are not acceptable without prior written consent of the City).

Coverage must be provided to cover liability contemplated by the Agreement including without limitation premises and operations, independent contractors, contractual liability, products and completed operations, property damage, bodily, personal and advertising injury, contractual liability, explosion, collapse, underground coverages, personal injury liability, death, employees-as-insureds. Products and completed operations liability coverage maintained for at least 3 years after completion of work. Limits shall not be less than

$1M per occurrence and $2M general aggregate for Agreements valued at $2M or less; if valued over $2M, a general aggregate limit that equals or exceeds the Agreement’s value. If a general aggregate limit applies, it shall apply separately to the project/location (ISO CG 25 03 or 25 04 or equivalent).

3.3. Automobile Liability (AL) Insurance

https://www.municode.com/library/fl/tampa/codes/code_of_ordinances

Automobile Liability (AL) Insurance in accordance with Florida law, as to the ownership, maintenance, and use of all owned, non-owned, leased, or hired vehicles. AL insurance shall not be less than: (a) $500,000 combined single limit each occurrence bodily injury and property damage for Agreements valued at $100,000 or less or (b) $1M combined single limit each occurrence bodily injury and property damage for Agreements valued over $100,000. If transportation of hazardous material involved, the MCS-90 endorsement (or equivalent).

3.4. Worker's Compensation (WC) & Employer's Liability Insurance

Worker's Compensation (WC) & Employer's Liability Insurance for all employees engaged under the Agreement, Worker’s

Compensation as required by Florida law. Employer’s Liability with minimum limits of (a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for Agreements valued at $100,000 and under or (b) $1M bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each for all other Agreements.

3.5. Excess (Umbrella) Liability Insurance

Excess (Umbrella) Liability Insurance for Agreements valued at $2M or more, at least $4M per occurrence in excess of underlying limits and no more restrictive than underlying coverage for all work performed by Firm. May also compensate for a deficiency in CGL, AL, or

WC.

3.6. Adequate Insurance

Firm affirmatively states that the insurance requirements as set forth above are of adequate types and amounts of insurance coverage for any type of claim/loss for the proposed work or services.

3.7. Acceptability of Insurers

Insurance is to be placed with insurers admitted in the State of Florida and who have a current A.M. Best rating of no less than A-:VII or, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing.

3.8. Additional Insured

City, its elected officials, departments, officers, officials, and employees shall be covered as additional insureds on all liability coverage

(e.g. CGL, AL, and Excess (Umbrella) Liability) as to liability arising out of work or operations performed by or on behalf of Firm including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Firm. Coverage can be provided in the form of an endorsement to Firm’s insurance (at least as broad as

ISO Form CG 20 10 11 85 or both CG 10 20, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 if later revisions used).

3.9. Cancellation / Non-Renewal

Each insurance policy shall provide that at least 30 days written notice must be given to City of any cancellation, intent to non-renew, or material reduction in coverage (except aggregate liability limits) and at least 10 days’ notice for non-payment of premium. Firm shall also have an independent duty to notify City in like manner, within 5 business days of Firm’s receipt from its insurer of any notices of same. If any policy’s aggregate limit is reduced, Firm shall directly take steps to have it reinstated. Notice and proof of renewal/continued coverage/certifications, etc. shall be sent to the City’s notice (or Award contact) address as stated in the Agreement with a copy to the following:

• Purchasing Department, 2555 E Hanna Avenue, Tampa, FL 33610

• City of Tampa Insurance Compliance c/o Ebix BPO, PO Box 100085- ZS, Duluth, GA 30096

3.10. Certificate of Insurance (COI) and Endorsements

Certificate of Insurance and Endorsements to be provided to City by insurance carrier prior to Firm beginning any work/services or taking occupancy and, if the insurance expires prior to completion of the work or services or Agreement term (as may be extended), a renewal COI at least 30 days before expiration to the above address(es). COIs shall specifically identify the Agreement and its subject

(project, lease, etc.), shall be sufficiently comprehensive to insure City (named as additional insured) and Firm and to certify that coverage extends to subcontractors’ acts or omissions, and as to permit the City to determine the required coverages are in place without the responsibility of examining individual policies. Certificate Holder must be The City of Tampa, Florida.

3.11. Claims Made

If any liability insurance is issued on a claims made form, Firm agrees to maintain such coverage uninterrupted for at least 3 years following completion and acceptance of the work either through purchase of an extended reporting provision or purchase of successive renewals. The Retroactive Date must be shown and be a date not later than the earlier of the Agreement date or the date performance/occupancy began thereunder.

3.12. Deductibles / Self-Insured Retentions (SIR)

Deductibles / Self-Insured Retentions must be disclosed to City and, if over $500,000, approved by the City in advance and in writing, including at City’s option being guaranteed, reduced, or eliminated (additionally if a SIR provides a financial guarantee guaranteeing payment of losses and related investigations, claim administration, and defense expenses). Firm shall be fully responsible for any deductible or SIR (without limiting the foregoing a policy with a SIR shall provide or be endorsed to provide that the SIR may be satisfied by either the City or named insured). In the event of loss which would have been covered but for a deductible or SIR, City may withhold from any payment due Firm, under any agreement with the City, an amount equal to same to cover such loss should full recovery not be obtained under the policy.

3.13. Performance

All insurance policies shall be fully performable in Hillsborough County, Florida (the County), and construed in accordance with Florida law. Further, all insurance policies must expressly state that the insurance company will accept service of process in the County and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court of the

County.

3.14. Primary Policies

Firm’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as to the City, its elected officials, departments, officers, and employees.. Any insurance or self-insurance maintained by the City, its elected officials, departments, officers, and employees shall be excess of the Firm’s insurance and shall not contribute with it.

3.15. Unavailability

To the fullest extent permitted by law, if Firm is out of business or otherwise unavailable at the time a claim is presented to City, Firm hereby assigns to the City all of its right, title and interest (but not any liabilities or obligations) under any applicable policies of insurance.

3.16. Waiver of Subrogation

With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless.

3.17. Additional Coverages

Additional coverages to be added to required insurance coverages for purchasing awards / contracts on a case by case basis.

3.18. Builder's Risk Insurance

Builder’s Risk Insurance for property loss exposure associated with construction/renovation/additions to buildings or structures, including materials or fixtures to be incorporated. Must be “All Risk” form with limits of no less than the project’s completed value, have no coinsurance penalties, eliminate the “occupancy clause”, cover Firm (together with its contractors, subcontractors of every tier, and suppliers), and name City as a Loss Payee.

3.19. Installation Floater

Installation Floater coverage for property (usually highly valued equipment or materials such as compressors, generators, etc.) during its installation. Coverage must be “All Risk” including installation and transit for no less than 100% of the installed replacement cost value.

3.20. Architects & Engineers Liability/ Professional Liability (E&O)/ Contractors Professional Liability (CPrL)/ Medical Malpractice

Insurance

Architects & Engineers Liability/ Professional Liability (E&O)/ Contractors Professional Liability (CPrL)/ Medical Malpractice Insurance where Agreement involves Florida-regulated professional services (e.g. architect, engineer, design-builder, CM, accountant, appraiser, investment banker medical professional) at any tier, whether employed or independent, vicarious design liability exposure (e.g.

construction means & methods, design supervision), value engineering, constructability assessments/reviews, BIM process, and/or performance specifications. Limits of at least $1,000,000; deletion of design/ build liability exclusions, as applicable, and maintained for at least 3 years after completion of work/services and City’s acceptance of same.

3.21. Railroad Protective Liability (RPL) Insurance

Railroad Protective Liability (RPL) Insurance for construction within 50ft of operated railroad track(s) or where affects any railroad bridge, trestle, tunnel, track(s) roadbed, or over/under pass. Subject to involved rail road’s approval prior to commencement of work.

3.22. Pollution and/or Asbestos Legal Liability Insurance

Pollution and/or Asbestos Legal Liability Insurance where Agreement involves asbestos and/or environmental hazards/contamination risks (defined broadly, e.g. lead, mold, bacteria, fuel storage, underground work, cleanup (owned or non-owned sites),pollutant generation/transportation, marine/natural resource damage, contamination claim, restitution, business interruption, mold, fungus, lead-based paint, 3rd party claims/removal, etc.), with limits of at least $1M per occurrence and $2M aggregate, maintained for at least 3 years after Agreement completion.

3.23. Cyber Liability Insurance

Cyber Liability Insurance where Agreement involves portals allowing access to obtain, use, or store data; managed dedicated servers;

cloud hosting services; software/hardware; programming; and/or other IT services and products are involved. Limits of not less than

$2M per occurrence and $2M aggregate. Coverage sufficiently broad to respond to duties and obligations undertaken by Firm, and shall include, but not be limited to, claims involving infringement of intellectual property/copyright, trademark, trade dress, invasion of privacy violations, damage to or destruction of electronic information, information theft, release of confidential and/or private information, alteration of electronic information, extortion, virus transmission, and network security. Coverage, as applicable and with sufficient limits to respond, for breach response costs, regulatory fines and penalties, credit monitoring expenses.

3.24. Drone/UAV Liability Insurance

Drone/UAV Liability Insurance where Agreements involves unmanned aerial vehicles/drones. Coverage to include products and completed opera-tions, property damage, bodily injury with limits no less than $1M per occur-rence, and $2M aggregate; may be provided by CGL endorsement subject to City’s prior written approval.

3.25. Longshore & Harbor Workers’ Compensation Act/Jones Act

Longshore & Harbor Workers’ Compensation Act/Jones Act for work being conducted near, above, or on “navigable waters” for not less than the above Employer’s Liability Insurance limit.

3.26. Garagekeeper/Hangerkeeper/Marina Operator Legal Liability Insurance and/or Hull/P&I Insurance

Garagekeeper/Hangerkeeper/Marina Operator Legal Liability Insurance and/or Hull/P&I Insurance where parking lot, valet, dealership, garage services, towing, etc. and/or operation of a hangar, marina, or airplane/ship repairer, providing safe berth, air/watercraft storage/docking (on land/ in water), fueling, tours, charters, ferries, dredges, tugs, mooring, towing, boat/aircraft equipment/repair/alteration/maintenance, etc.; cover-age against liability for damage to vehicles air/watercraft, their machinery in

Firm’s care, custody, or control both private & commercial. Limits at least equal to greater of $1M, value of max number of vehicles that may be in Firm’s custody, or of most costly object in Firm’s custody.

3.27. Property Insurance and Interruption of Business (IOB) Insurance

Property Insurance and Interruption of Business (IOB) Insurance where premises, building, structure, or improved real property is leased, licensed, or otherwise occupied by Firm. Property Insurance against all risks of loss to any occupant/tenant improvements at full replacement cost with no coinsurance penalty, including fire, water, leak damage, and flood, as applicable, vandalism and malicious mischief endorsements. IOB by which minimum monthly rent will be paid to City for up to 1 year if premises are destroyed, rendered inaccessible or untenantable, including disruption of utilities, water, or telecommunications.

3.28. Liquor Liability/Host Liquor Liability

Liquor Liability/Host Liquor Liability where Firm directly or indirectly provides alcoholic beverages, limits of at least $1M per occurrence and $1M aggregate.

3.29. Educators Legal Liability Insurance

Educators Legal Liability Insurance where day care, after school program, recreational activities, etc. limits per Professional Liability

(E&O) above.

3.30. Fidelity/Dishonesty/Liability Coverage

Fidelity/Dishonesty/Liability Coverage is to be purchased or extended to cover Common Fidelity/Crime insurance claims allege employee dishonesty, embezzlement, forgery, robbery, safe burglary, computer fraud, wire transfer fraud, counterfeiting and other criminal acts of the Other Party’s employees resulting in loss to the City. The liability limits shall not be less than $1,000,000.

4. Price Proposal

Line Item Description Quantity Unit of

Measure

Unit Cost Total

1 FLOWMETER RMC 141 SSV

DWYER (DELIVERED)

8 each

2 FLOWMETER RMC 143 SSV

DWYER

8 each

TOTAL

5. Vendor Questionnaire

1. Did you quote pricing for all items?*

☐ Yes

☐ No

*Response required