AGREEMENT FOR PROFESSIONAL SERVICES (2)AGREEMENT
FOR
PROFESSIONAL SERVICES
This AGREEMENT is made and entered into on the /0'4 day ofQal-i--) 2021 by and
between the City of Clearwater, Florida (CITY) and, WANNEMACHER JENSEN
ARCHITECTS, INC. (ARCHITECT).
WITNESSETH:
WHEREAS the CITY desires to engage the ARCHITECT to perform certain professional services
pertinent to such work in accordance with this Agreement; and
WHEREAS the ARCHITECT desires to provide such professional services in accordance with
this Agreement; and
WHEREAS the CITY selected the ARCHITECT in accordance with the competitive selection
process described in Section 287.055 of the Florida Statutes, and based on information and
representations given by the ENGINEER in a response to Request for Qualifications #39-21 dated
June 2, 2021;
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good
and valuable consideration, the Parties agree that the above terms, recitals, and representations are
true and accurate and are incorporated herein by reference, and the Parties further agree as follows:
1.0 GENERAL SCOPE OF THIS AGREEMENT
The relationship of the ARCHITECT to the CITY will be that of a professional consultant,
and the ARCHITECT will provide the professional and technical services required under
this Agreement in accordance with acceptable architectural and engineering practices and
ethical standards.
2.0 PROFESSIONAL TECHNICAL SERVICES
2.1 It shall be the responsibility of the ARCHITECT to work with and for the CITY toward
solutions to architectural and engineering problems and the approach or technique to be
used toward accomplishment of the CITY's objective for each project or assignment. The
ARCHITECT services shall include, but not be limited to planning, analysis, design
preparation of construction plans and details, regulatory permitting, preparation of
technical specifications, preparations of bid and contract documents, and construction
management for potential City project areas listed below:
2.1.1. Parks and Recreation, Fire Department, Police Department, Marine and Aviation,
Library, Parking, General Services/Solid Waste and any other CITY facility
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improvements, including expansion or improvements to existing facilities as well
as develop of new facilities.
2.1.2. Land surveying activities, including title search, aerial target placement,
topographic surveys, right-of-way surveys, preparation of right-of-way control
surveys, preparation of right-of-way mapping/parcel descriptions/parcel sketches.
2.1.3. Review and assessment of the applicability of design/build contracts various CITY
improvements
2.1.4. Development/preparation of grant applications for CITY projects
2.2 The ARCHITECT's services under this Agreement will be provided under project specific
Work Orders. Generally, each Work Order will include the services for a single project or
assignment, and it will contain a mutually agreed-upon detailed scope of services, project
goals, fee, and schedule of performance in accordance with applicable fiscal and budgetary
constraints. Total compensation for services shall not exceed $100,000 per Work Order,
unless specifically authorized by the City Council.
2.3 The ARCHITECT shall maintain an adequate and competent staff of professionally
qualified personnel available to the CITY for the purpose of rendering the required
architectural services hereunder and shall diligently execute the work to meet the
completion time established in Work Order. The ARCHITECT shall notify the CITY by
U.S. Mail addressed to the City Engineer of any changes in company contact information.
This includes: contact phone, address, project manager, email addresses, etc.
2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect
firms for similar services. The ARCHITECT will, when directed to do so by the CITY,
coordinate and work with other engineering and/or architectural firms retained by the
CITY.
2.5 The CITY reserves the right to remove any and all projects, phases, tasks, or assignments
related to this Agreement. The CITY further reserves the right to enter into contracts with
other engineering firms for services related to such projects, phases, tasks, or assignments.
The ARCHITECT will, when directed to do so by the CITY, coordinate and work with
other firms retained by the CITY.
3.0 PERIOD OF SERVICE
3.1 The ARCHITECT shall begin work promptly after receipt of a fully executed copy of each
Work Order, in accordance with Paragraph 2.2, above. Receipt of a fully executed Work
Order shall constitute written notice to proceed.
3.2 If the ARCHITECT's services called for under any Work Order are delayed for reasons
beyond the ARCHITECT's control, the time of performance shall be adjusted as
appropriate.
3.3 It is the intent of the parties hereto that this Agreement continue in force until four (4) years
from the date of initiation, 08/01/2021 ("Effective Date"), subject to the provisions for
termination contained herein. The City retains the right to exercise an option to conduct a
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mid-term solicitation. Assignments that are in progress at the Contract Termination Date
will be completed by the ARCHITECT unless specifically terminated by the CITY. Should
the ARCHITECT be in the process of completing work under this Agreement at the
Termination Date, this Agreement shall continue with all terms, conditions and obligations
being in full force and effect until such time as the work is completed. All provisions
expressly intended to survive termination shall do so.
4.0 INSURANCE REQUIREMENTS
See pages 12-13.
5.0 PROFESSIONAL SERVICES/CONSULTANT'S COMPETITIVE NEGOTIATION
ACT (CCNA) - Florida Statue 287.055
Professional Services provided under this Agreement are within the scope of the practice
of architecture, landscape architecture, professional engineering, or registered land
surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S.
287.055 apply.
6.0 GENERAL CONSIDERATIONS
6.1 All documents including field books, drawings, specifications, calculations, geotechnical
investigation reports, etc., used in the preparation of the work shall be supplied by the
ARCHITECT to the CITY and shall become the property of the CITY. The CITY
acknowledges that such documents are not intended or represented to be suitable for use
by the CITY or others for purposes other than those for which the documents are prepared.
Any reuse of these documents without written verification or adaptation by the
ARCHITECT for the specific purpose intended will be at the CITY's sole risk without
liability or legal exposure to the ARCHITECT.
6.2 The ARCHITECT shall prepare preliminary construction cost estimates with each design
submittal to verify the proposed design is within the City project budgets. The
ARCHITECT shall prepare a final estimate of probable construction costs, following CITY
approval of the bid documents and other Prebid activities. The CITY hereby acknowledges
that estimates of probable construction costs cannot be guaranteed, and such estimates are
not to be construed as a promise that designed facilities will not exceed a cost limitation.
6.3 The ARCHITECT will provide expert witnesses, if required, to testify in connection with
any suit at law. A supplemental agreement will be negotiated between the CITY and the
ARCHITECT describing the services desired and providing a basis for compensation to
the ARCHITECT.
6.4 Upon the ARCHITECT's written request, the CITY will furnish or cause to be furnished
such reports, studies, instruments, documents, and other information as the ARCHITECT
and CITY mutually deem necessary.
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6.5 The CITY and the ARCHITECT each bind themselves and their successors, legal
representatives and assigns to the other party to this Agreement and to the partners,
successors, legal representatives and assigns of each other party, in respect to all covenants
of this Agreement; and, neither the CITY nor the ARCHITECT will assign or transfer its
interest in this Agreement without written consent of the other.
6.6 The ARCHITECT shall indemnify and hold harmless the CITY, and its officers and
employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ARCHITECT and other persons employed or utilized
by the ARCHITECT in the performance of this AGREEMENT and any Work Orders
issued under this AGREEMENT. Notwithstanding any provision herein to the contrary,
this paragraph shall not be construed as a waiver of any immunity to which CITY is entitled
or the extent of any limitation of liability pursuant to § 768.28, Florida Statutes.
Furthermore, this provision is not intended to nor shall it be interpreted as limiting or in
any way affecting any defense CITY may have under § 768.28, Florida Statutes or as
consent to be sued by third parties. The obligations under this paragraph shall expressly
survive termination or expiration of this Agreement.
6.7 The ARCHITECT agrees not to engage the services of any person or persons in the employ
of the CITY to an allied capacity, on either a full or part-time basis, on the date of the
signing of this Agreement, or during its term.
6.8 Key personnel assigned to CITY projects by the ARCHITECT shall not be removed from
the projects until alternate personnel acceptable to the CITY are approved in writing by the
CITY. Key personnel are identified as: Project Manager and technical experts.
6.9 The ARCHITECT shall attach a brief status report on the project(s) with each request for
payment.
6.10 Unless otherwise required by law or judicial order, the ARCHITECT agrees that it shall
make no statements, press releases or other public communication concerning the
Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the
data, technical processes, business affairs or other information obtained or furnished in the
conduct of work under this Agreement without first notifying the City and securing its
consent in writing. The ARCHITECT also agrees that it shall not publish, copyright or
patent any of the site-specific data or reports furnished for or resulting from work under
this Agreement. This does not include materials previously or concurrently developed by
the ARCHITECT for "In House" use. Only data and reports generated by the ARCHITECT
under this Agreement shall be the property of the City.
6.11 Public Records - The ARCHITECT will be required to comply with Section 119.0701,
Florida Statutes, specifically to:
IF THE ARCHITECT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
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CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092,
Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL
33755.
The Architect's agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter "public
agency") to perform the service being provided by the contractor hereunder.
b) Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided for in Chapter
119, Florida Statutes, as may be amended from time to time, or as otherwise provided by
law.
c) Ensure that the public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the public agency.
d) Upon completion of the contract, transfer, at no cost, to the public agency all public records
in possession of the contractor or keep and maintain public records required by the public
agency to perform the service. If the contractor transfers all public records to the public
agency upon completion of the contract, the contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon request from
the public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
e) A request to inspect or copy public records relating to a public agency's contract for
services must be made directly to the public agency. If the public agency does not possess
the requested records, the public agency shall immediately notify the contractor of the
request and the contractor must provide the records to the public agency or allow the
records to be inspected or copied within a reasonable time.
f) The contractor hereby acknowledges and agrees that if the contractor does not comply with
the public agency's request for records, the public agency shall enforce the contract
provisions in accordance with the contract.
g) A contractor who fails to provide the public records to the public agency within a
reasonable time may be subject to penalties under Section 119.10, Florida Statutes.
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h) If a civil action is filed against a contractor to compel production of public records relating
to a public agency's contract for services, the court shall assess and award against the
contractor the reasonable costs of enforcement, including reasonable attorney fees, if:
1. The court determines that the contractor unlawfully refused to comply with the
public records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the contractor has
not complied with the request, to the public agency and to the contractor.
i) A notice complies with subparagraph (h)2. if it is sent to the public agency's custodian of
public records and to the contractor at the contractor's address listed on its contract with
the public agency or to the contractor's registered agent. Such notices must be sent by
common carrier delivery service or by registered, Global Express Guaranteed, or certified
mail, with postage or shipping paid by the sender and with evidence of delivery, which
may be in an electronic format.
A contractor who complies with a public records request within 8 business days after the
notice is sent is not liable for the reasonable costs of enforcement.
6.12 The ARCHITECT and the CITY, in consideration of the promises and risks undertaken,
hereby agree to fulfill all duties and obligations of this Agreement in good faith and fair
dealing, and shall cooperate in all respects, including, but not limited to, participating as
needed in the defense of any and all claims or lawsuits initiated against either party
hereunder.
7.0 COMPENSATION
7.1 The ARCHITECT shall be compensated for all services rendered under this Agreement in
accordance with the provisions of each Work Order, upon presentation of ARCHITECT'S
invoice and as provided for below. An hourly rate schedule and typical methods of
compensation are attached hereto as pages 14-15.
7.2 Except as may be addressed in the initiating Work Order, the compensation for services
shall be invoiced by the ARCHITECT and paid by the CITY in accordance with the Florida
Local Government Prompt Payment Act, F.S. section 218.70 et. seq. Such invoices shall
be due and payable upon receipt.
7.3 The ARCHITECT agrees to allow full and open inspection of payroll records and
expenditures in connection with hourly rate and cost-plus fixed fee work assignments upon
request of the CITY.
8.0 PROHIBITION AGAINST CONTINGENT FEES
The ARCHITECT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the ARCHITECT to solicit or secure
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this Agreement and that it has not paid or agreed to pay any persons, company, corporation,
individual or firm, other than a bona fide employee working for the ARCHITECT any fee,
commission, percentage, gift, or any other consideration, contingent upon or resulting from
the award or making of this Agreement.
9.0 TERMINATION FOR CAUSE
This Agreement may be terminated by either party with seven (7) days prior written notice,
in the event of substantial failure to perform in accordance with the terms hereof by the
other party through no fault of the terminating party. If this Agreement is terminated, the
ARCHITECT shall be paid in accordance with the provisions of outstanding Work Orders
for all work performed up to the date of termination.
10.0 SUSPENSION, CANCELLATION OR ABANDONMENT
If the project described in any Work Order is suspended, canceled, or abandoned by the
CITY, without affecting any other Work Order or this Agreement, the ARCHITECT shall
be given five (5) days prior written notice of such action and shall be compensated for
professional services provided up to the date of suspension, cancellation or abandonment.
This Agreement shall be administered and interpreted under the laws of the State of Florida.
The exclusive venue for any proceeding or suit in law or equity arising from or incident to
this Agreement will be in Pinellas County Florida.
11.0 TERMINATION OF CONVENIENCE
Either the CITY or the ARCHITECT may terminate the Agreement at any time by giving
written notice to the other of such termination and specifying the effective date of such
termination at least thirty (30) days before said termination date. If the Agreement is
terminated by the CITY as provided herein, the ARCHITECT will be paid for services
rendered through the date of termination.
12.0 PUBLIC ENTITY CRIMES
Pursuant to Florida Statute sections 287.132-287.133, the City of Clearwater, as a public
entity, may not accept any proposal from, award any contract to, or transact any business
in excess of the threshold amount provided in Section 287.017, F.S., for Category Two
(currently $35,000) with any person or affiliate on the convicted vendor list for a period of
36 months from the date that person or affiliate was placed on the convicted vendor list
unless that person of affiliate has been removed from the list pursuant to Section 287.133
(3)(f), F.S. By submitting a proposal, ARCHITECT is certifying that Florida Statute
287.132 and 287.133 does not restrict submission.
13.0 The ARCHITECT will be required to comply with Section 287.135, Florida Statutes,
specifically to comply with the following and execute forms as reflected on pages 16
and 17 (attached hereto and incorporated herein by reference):
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SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND
SYRIA
(a) The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware
of the requirements of section 287.135, Florida Statutes, regarding companies on
the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaging
in business operations in Cuba and Syria; and
(b) The vendor, company, individual, principal, subsidiary, affiliate, or owner is
eligible to participate in this solicitation and is not listed on either the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Sector List, or engaged in business operations in
Cuba and Syria; and
(c) Business Operations means, for purposes specifically related to Cuba or Syria,
engaging in commerce in any form in Cuba or Syria, including, but not limited to,
acquiring, developing, maintaining, owning, selling, possessing, leasing or
operating equipment, facilities, personnel, products, services, personal property,
real property, military equipment, or any other apparatus of business or commerce;
and
(d) If awarded the Contract (or Agreement), the vendor, company, individual,
principal, subsidiary, affiliate, or owner will immediately notify the City of
Clearwater in writing, no later than five (5) calendar days after any of its principals
are placed on the Scrutinized Companies with Activities in Sudan List, the
Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages
in business operations in Cuba and Syria.
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST
(a) The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware
of the requirements of section 287.135, Florida Statutes, regarding companies on
the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of
Israel; and
(b) The vendor, company, individual, principal, subsidiary, affiliate, or owner is
eligible to participate in this solicitation and is not listed on the Scrutinized
Companies that Boycott Israel List, or engaged in a boycott of Israel; and
(c) "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business
activities, or taking other actions to limit commercial relations with Israel, or
persons or entities doing business in Israel or in Israeli -controlled territories, in a
discriminatory manner. A statement by a company that it is participating in a
boycott of Israel, or that it has initiated a boycott in response to a request for a
boycott of Israel or in compliance with, or in furtherance of, calls for a boycott of
Israel, may be considered as evidence that a company is participating in a boycott
of Israel; and
(d) If awarded the Contract (or Agreement), the vendor, company, individual,
principal, subsidiary, affiliate, or owner will immediately notify the City of
Clearwater in writing, no later than five (5) calendar days after any of its principals
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are placed on the Scrutinized Companies that Boycott Israel List, or engaged in a
boycott of Israel.
14.0 RFQ #39-21, STANDARD TERMS AND CONDITIONS
All terms and conditions as set forth in RFQ #39-21, Standard Terms of Conditions are
incorporated by reference and hereto attached as Exhibit A.
15.0 ORDER OF PRECEDENCE
Any inconsistency in documents relating to this Agreement shall be resolved by giving
precedence in the following order: (i) this Agreement and subsequent Amendments; (ii)
RFQ #39-21, Standard Terms and Conditions; and (iii) Work Orders.
16.0 TERMINATION FOR LACK OF FUNDING
The CITY'S performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Clearwater City Council. In the event the Clearwater City
Council does not appropriate funds for CITY to perform its obligations hereunder, CITY
may terminate this Agreement upon thirty (30) days written notice to ARCHITECT.
ARCHITECT will be paid for all work performed to the date of termination.
17.0 E -VERIFY
ARCHITECT and its Subcontractors shall register with and use the E -Verify system to
verify the work authorization status of all newly hired employees. ARCHITECT will not
enter into a contract with any Subcontractor unless each party to the contract registers with
and uses the E -Verify system. Subcontractor must provide ARCHITECT with an affidavit
stating that Subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. ARCHITECT shall maintain a copy of such affidavit.
The CITY may terminate this Agreement on the good faith belief that ARCHITECT or its
Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). If this
Agreement is terminated pursuant to Florida Statute 448.095(2)(c), ARCHITECT may not
be awarded a public contract for at least 1 year after the date of which this Agreement was
terminated. ARCHITECT is liable for any additional costs incurred by the CITY as a result
of the termination of this Agreement. See Section 448.095, Florida Statutes (2020).
Page 9
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date
and year first above written.
Countersigned:
Frank Hibbard
Mayor
Approved as to form and
Assistant City Attorney
WAN EM ' JENSEN ARCHITECTS
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CITY OF CLEARWATER
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City Manager
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Page 10
Rosemarie Call
City Clerk
RISK MANAGEMENT / INSURANCE REQUIREMENTS
FOR
AGREEMENTS AND CONTRACTS
STATEMENT OF PURPOSE: The City of Clearwater enters into agreements and contracts for
services and/or products with other parties.
Agreements and contracts shall contain Risk Management/Insurance terms to protect the City's
interest and to minimize its potential liabilities. Whenever applicable, the following terms shall
be included in agreements and contracts.
CITY DEFINED: The term "City" (whenever it may appear in this section) is defined to mean
the City of Clearwater itself, its Council, the Community Redevelopment Agency of the City of
Clearwater, a Florida governmental agency created pursuant to Part III, Chapter 163, Florida
Statute, its duly appointed officers, or other public bodies, officers, employees, volunteers,
representatives and agents.
OTHER PARTY DEFINED: The term "Other Party" (whenever it may appear in this section)
is defined to mean the other person or entity which is a party to this agreement or contract with the
City, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents,
contractors, and subcontractors.
HOLD HARMLESS DEFINED: The term "Hold Harmless" (whenever it may appear in this
section) is defined to mean that the Other Party shall indemnify and hold harmless the City, and
its officers, employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Other Party and other persons employed or utilized by the Other Party in
the performance of this Agreement and any Work Orders issued under this Agreement.
PAYMENT ON BEHALF OF CITY DEFINED: The term "Payment on Behalf of City"
(whenever it may appear in this section) is defined to mean the Other Party agrees to pay on behalf
of the City, and to pay the cost of the City's legal defense, as may be selected by the City, for
claims or suits arising from the fault of the Other Party or other persons employed or utilized by
the Other Party in performance of the contract. Such payment on behalf of the City shall be in
addition to any and all other legal remedies available to the City and shall not be considered to be
the City's exclusive remedy.
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INSURANCE REQUIREMENTS. The ARCHITECT shall, at its own cost and expense, acquire
and maintain (and cause any subcontractors, representatives or agents to acquire and maintain)
during the term with the City, sufficient insurance to adequately protect the respective interest of
the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A -VII or better.
In addition, the City has the right to review the ARCHITECT deductible or self-insured retention
and to require that it be reduced or eliminated.
Specifically the ARCHITECT must carry the following minimum types and amounts of insurance
on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis,
then coverage can be obtained on a claims -made basis with a minimum three (3) year tail following
the termination or expiration of this Agreement:
a. Commercial General Liability Insurance coverage, including but not limited to,
premises operations, products/completed operations, products liability, contractual
liability, advertising injury, personal injury, death, and property damage in the
minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000
(two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage for any owned, non -owned,
hired or borrowed automobile is required in the minimum amount of $1,000,000 (one
million dollars) combined single limit.
c. Unless waived by the State of Florida, statutory Workers' Compensation Insurance
coverage in accordance with the laws of the State of Florida, and Employer's Liability
Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each
employee each accident, $100,000 (one hundred thousand dollars) each employee by
disease and $500,000 (five hundred thousand dollars) aggregate by disease with
benefits afforded under the laws of the State of Florida. Coverage should include
Voluntary Compensation, Jones Act, and U.S. Longshoremen's and Harbor Worker's
Act coverage where applicable. Coverage must be applicable to employees,
contractors, subcontractors, and volunteers, if any.
d. If the ARCHITECT is using its own property, or the property of the City or other
provider, in connection with the performance of its obligations under this Agreement,
then ARCHITECT's Equipment Insurance or Property Insurance on an "All
Risks" basis with replacement cost coverage for property and equipment in the care,
custody and control of others is required.
e. Professional Liability Insurance coverage appropriate for the type of business
engaged in by the ARCHITECT with minimum limits of $1,000,000 (one million
dollars) per occurrence. If a claims made form of coverage is provided, the retroactive
date of coverage shall be no later than the inception date of claims made coverage,
unless prior policy was extended indefinitely to cover prior acts. Coverage shall be
extended beyond the policy year either by a supplemental extended reporting period
(ERP) of as great a duration as available, and with no less coverage and with reinstated
aggregate limits, or by requiring that any new policy provide a retroactive date no later
than the inception date of claims made coverage.
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The above insurance limits may be achieved by a combination of primary and umbrella/excess
liability policies.
OTHER INSURANCE PROVISIONS.
a. Prior to the execution of this Agreement, and then annually upon the anniversary
date(s) of the insurance policy's renewal date(s) for as long as this Agreement remains
in effect, the ARCHITECT will furnish the City with a Certificate of Insurance(s)
(using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable
endorsements) evidencing all of the coverage set forth above and naming the City as
an "Additional Insured." In addition, when requested in writing from the City,
ARCHITECT will provide the City with certified copies of all applicable policies. The
address where such certificates and certified policies shall be sent or delivered is as
follows:
City of Clearwater
Engineering, RFQ #39-21
P.O. Box 4748
Clearwater, FL 33758-4748
b. ARCHITECT shall provide thirty (30) days written notice of any cancellation, non-
renewal, termination, material change or reduction in coverage.
c. ARCHITECT's insurance as outlined above shall be primary and non-contributory
coverage for ARCHITECT's negligence.
d. ARCHITECT reserves the right to appoint legal counsel to provide for the
ARCHITECT's defense, for any and all claims that may arise related to Agreement,
work performed under this Agreement, or to ARCHITECT's design, equipment, or
service. ARCHITECT agrees that the City shall not be liable to reimburse
ARCHITECT for any legal fees or costs as a result of ARCHITECT providing its
defense as contemplated herein.
The stipulated limits of coverage above shall not be construed as a limitation of any potential
liability to the City, and failure to request evidence of this insurance shall not be construed
as a waiver of ARCHITECT's obligation to provide the insurance coverage specified.
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PROVISION OF PAYMENT
ARCHITECT OF RECORD: WANNEMACHER JENSEN ARCHITECTS, INC.
BASIS FOR PAYMENT
The owner shall pay ARCHITECT and ARCHITECT agrees to accept as full compensation for
its services (as established by Work Order) compensation as computed by one of the following
methods:
Method "A" — Hourly Rate —
Compensation in the form of burdened hourly rates.
Burdened (direct + indirect) Hourly Rate + Subconsultant Cost + Other Direct Costs.
Direct cost includes labor hourly rate. Indirect costs include fringe benefit rate, overhead, operating
margin and profit.
Subconsultant Costs are actual costs incurred times a factor of 1.00. Actual costs shall be based on
billing rates for required labor classifications.
Other Direct Costs are actual costs incurred for travel outside of Tampa Bay area, printing, copying,
long distance telephone calls, etc.
Method "B" — Lump Sum —
Compensation in the form of "lump sum" for all work associated with a Work Order or task and shall
be determined by mutual agreement between the ARCHITECT and the City. The lump sum amount
shall be negotiated based upon the Work Order scope of services and approved by both the City and
the ARCHITECT.
Hourly Rates -
The estimated hourly rates below represent 2021 costs and categories. Periodic changes are
anticipated, and modifications may be made annually in writing to the City for review and
approval.
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CITY OF CLEARWATER ARCHITECT OF RECORD, RFQ #39-21
8/1/21 to 7/31/25
ENGINEER OF RECORD: WANNEMACHER JENSEN ARCHITECTS, INC.
Job Classification
Burdened Hourly Rate
Principal
$265.00
Architect
$165.00
Project Manager
$165.00
Registered Interior Designer
$150.00
Architectural Associate
$140.00
Administrative
$90.00
Page 15
SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH
CUBA AND SYRIA CERTIFICATION FORM
The affiant, by virtue of the signature below. certifies that:
1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the
requirements of section 287.135. Florida Statutes, regarding companies on the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria: and
2. The vendor. company, individual, principal, subsidiary, affiliate, or owner is eligible to participate
in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in
business operations in Cuba and Syria; and
3 Business Operations means, for purposes specifically related to Cuba or Syria, engaging in
commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing,
maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel,
products. services, personal property, real property, military equipment, or any other apparatus of
business or commerce; and
4. If awarded the Contract (or Agreement), the vendor. company, individual, principal, subsidiary,
affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5)
calendar days after any of its principals are placed on the Scrutinized Companies with Activities in
Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engages
in business operations in Cuba and Syria.
Authff d Signature
Jason ensen
Printed Name
President
Title
Wannemacher Jensen Architects, Inc.
Name of Entity/Corporation
STATE OF Florida
COUNTY OF Pinellas
The foregoing instrument was acknowledged before me on this 23" day of &.).^
20 , by Jason Jensen (name of person whose signature
is being notarized) as the President (title) of Wannemacher Jensen Architects. Inc. (name of
corporation/entity), personally known to me as described herein , or produced a
(type of identification) as identification, and who did/did not take an oath.
#1.45:414.i?
;p� ate,, KYLE W MERCER
Commission X HH 023927
My Comm. Expires Sep 22.2024
ded through National Notary Assn.
My Commission Expires:
NOTARY SEAL ABOVE
Notarf Public
K lc. W Yu` -cA•e'
PrintedName
Page 16
SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION
FORM
PER SECTION III, ITEM 25, THIS FORM MUST BE COMPLETED AND SUBMITTED
WITH THE BID PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED, MAY
DEEM YOUR SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The vendor. company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements
of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies that Boycott
Israel List, or engaged in a boycott of Israel; and
2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in
this solicitation and is not listed on the Scrutinized Companies that Boycott Israel List, or engaged in a
boycott of Israel: and
3. "Boycott Israel" or "boycott of Israel" means refusing to deal, terminating business activities, or taking
other actions to limit commercial relations with Israel, or persons or entities doing business in Israel or
in Israeli -controlled territories, in a discriminatory manner. A statement by a company that it is
participating in a boycott of Israel, or that it has initiated a boycott in response to a request for a boycott
of Israel or in compliance with, or in furtherance of, calls for a boycott of Israel, may be considered as
evidence that a company is participating in a boycott of Israel; and
4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary,
affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5)
calendar days after any of its principals are placed on ie Scrutinized Companies that Boycott Israel
List, or engaged in a boycott of Israel.
STATE OF Florida
COUNTY OF Pinellas
Au t ed Signature
Jason Jensen
Printed Name
President
Title
Wannemacher Jensen Architects, Inc.
Name of Entity/Corporation
The foregoing instrument was acknowledged before me on this 23 day of IAA.,
20 ?.l , by Jason Jensen (name of person whose signature is being notarized)
as the President (title) of Wannemacher Jensen Architects. Inc. (name of
corporation/entity), v r lly �nnun_to me as described herein , or produced a
(type of identification) as identyfication, and who did/did not take an oath.
^jrJ�i KYLE W MERCER
Notary Public • State or Florida I
Commission NH 023827
My Comm. Expires Sep 22.2024
onded through National Notary Assn,
My Commission Expires:
NOTARY SEAL ABOVE
No
Public
1 t V1/
Printed Name
Page 17
VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM
PER FLORIDA STATUTE 998.095, CONTRACTORS AND SUBCONTRACTORS MUST
REGISTER WITH AND USE THE E -VERIFY SYSTEM TO VERIFY THE WORK
AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES.
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE
BID/PROPOSAL. FAILURE TO SUBMIT THIS FORMAS REQUIRED MAY DEEM YOUR
SUBMITTAL NONRESPONSIVE.
The affiant, by virtue of the signature below, certifies that:
1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095.
2. The Contractor and its Subcontractors are registered with and using the E -Verify system
to verify the work authorization status of newly hired employees.
3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract
registers with and uses the E -Verify system.
4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not
employ, contract with, or subcontract with unauthorized alien.
5. The Contractor must maintain a copy of such affidavit.
6. The City may terminate this Contract on the good faith belief that the Contractor
or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c).
7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be
awarded a public contract for at least 1 year after the date on which this Contract was terminated.
8. The Contractor is liable for any additional cost inc by theme as a result of the termination of this
Contract.
STATE OF
%lof;dw
Authorized Signature
64Sv..-•
Printed Name
Title
�,(CG GIGS T
wcs,n.n t Vit(/ (/ D'< A.S <\ 40%-10•A- C CkS
Name of Entity/Corporation
COUNTY OF ? ".cAL&
The foregoing instrument was acknowledged before me by means of g physical presence or ❑ online notarization on,
this`' day of ,11+1 , 2021 , by Ja.se. . .$(J%5% (name of person whose
signature is being notarized) as the(title) of
�Jw.wxw. 3,,44v.,f�,�.f4ahc- (name of corporation/e ity), personally known or produced
(type of identification) as identificati , and yvho dd4did not take an oath.
My
NOT
KYLE W MERCER
Notary Public . State of Florida
Commission # HH 023827
Y ; Ex.ir
ational Notary Assn
Notify Public
1(...0 J MLA, -----
Printed Name
Page 18
-----1 ®
A� D CERTIFICATE OF LIABILITY INSURANCE
DATE (MMmorYYYY)
06/23/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION 1S WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder to lieu of such endorsement(s).
PRODUCER
Stahl & Associates Insurance, Inc.
110 Carillon Parkway
St. Petersburg FL 33716INSURERA:
CONTACTNAME:
PHONE (727) 391-9791 ( No): (727) 393-5623
(A1C, No, Ertl:
EDORIESS: certificatesstpete@stahlinsurance.com
INSURER(S) AFFORDING COVERAGE
NAIL II
Hartford Casualty Insurance Co
29424
INSUREDINSURERS:
Wannemacher Jensen Architects Inc
Edward C. Hoffman, Jr. Architects, P.A.INSURERo.
132 Mirror Lake Drive N Ste 301
Saint Petersburg FL 33701
Allstate Insurance Group
19232
INsuRERC: Twin City Fire Insurance Co.
29459
Lloyds of London
1000000
5 ,,
INSURER E:
$ 300,000
INSURERF:
1 CLAIMS -MADE X OCCUR
• CL2082753421
EVISION NUMBER:
v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRLICY
TYPE OF INSURANCE
ADS
!MD
SUER"
WVD
POLICY NUMBER
EFF
IMMIDDIYYYY)
(POUCY EXP
MMIDD/YYYY)
OMITS
A
X
COMMERCIAL GENERALUABIUTY
Y
21SBMZ12463
08/29/2020
0812912021
EACH OCCURRENCE
1000000
5 ,,
DAMAGE 10REN IED
PREMISES (Eaoaurrencs)
$ 300,000
1 CLAIMS -MADE X OCCUR
MED EXP (Any one person)
S 10,000
PERSONAL&ADV INJURY
$ 1,000,000
GEN ERALAGGREGATE
$ 2,000,000
GENLAGGREGATELIMIT APPUESPER:
31 POUCYPRODUCTS-
31 POLICY n JEC7 LOC
OTHER
COMP/OP AGG
5 2000,000
Employee Benefits
s 2,000,000
B
AUTOMOBILELIABILITY
X
^_
ANY AUTO
OWNED
AUTOS ONLY_�
HIRED
AUTOS ONLYAUTOS
--1
SCHEDULED
AUTOS
NON -OWNED
ONLY
648907233
08/20/2020
08/20/2021
(OamdEDSINGLELIMIT
s 1,000,000
$
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
5
PROPERTY DAMAGE
(Per accident)
S
PIP -Basic
_
s 10,000
A
X
UMBRELLA LIAR
EXCESS UAB
X
OCCUR
cU15MS MADE
21 SBMZ12463
08/29/2020
08129/2021
EACH OCCURRENCE
S5,000.000
AGGREGATE
g 5,000,000
5
DED 1 X RETENTION $ 10,000
CANY
WORKERS COMPENSATION
AND EMPLOYERS' UABIUIY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe wider
DESCRIPTION OF OPERATIONS below
YNN
NIA
2IWECZR6330
08/29/2020
08129!2021
ER
X STATUTE I m
EL EACHACGDENT
$ 1,000,000
EL DISEASE - EA EMPLOYEE
1000,000
5 ,
EL DISEASE- POUCYUMIT
S 1,000,000
D
Claims MaProfessionall Liability de
00286505B
08/29/2020
08/29/2021
Each Claim
Aggregate
2,000,000
2,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space Is required)
City of Clearwater is Included as additional insured with respects to general liability as required by written contract.
•
ucRr Ar R,KI c nua.ucR
City of Clearwater Engineering, RFQ #39-21
P.O. Box 4748
Clearwater
FL
33758-4748
—^'-----------
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE % p
9C1!% X (f�--
ACORD 25 (2016103)
The ACORD name and logo are registered marks of ACORD